HomeMy WebLinkAboutResolutions - No. 93-17RESOLUTION NO. 93-17
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A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING AN ADDENDUM TO AN AGREEMENT BETWEEN THE BOOSTERS OF BOYS
AND GIRLS SPORTS (BOBS) AND THE CITY OF LODI WHICH CLARIFIES THE
RELATIONSHIP BETWEEN PART-TIME BOBS EMPLOYEES AND THE CITY OF LODI
RESOLVED, that the Lodi City Council hereby approves an addendum
to the February 4, 1987 agreement between the Boosters of Boys and
Girls Sports and the City of Lodi on file in the Office of the City
Clerk, which addendum clarifies the relationship of part-time BOBS
employees and the City of Lodi; and
FURTHER RESOLVED, the City Manager and City Clerk are hereby
authorized to execute the addendum to agreement on behalf of the City.
Dated: January 20, 1993
I hereby certify that Resolution No. 93-17 was passed and adopted
by the Lodi City Council in a regular meeting held January 20, 1993 by
the following vote:
Ayes: Council Members - Mann, Sieglock, Snider, Pennino
(Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
�l 1
nnifer errin
City Clerk
93-17
RES9317/TXTA.02J
ADDENDUM TO AGREEMENT
(BOOSTERS OF BOYS AND GIRLS SPORTS (BOBS) AND CITY OF LODI)
THIS ADDENDUM, entered into this 20th day of January
1993, by and between the BOOSTERS OF BOYS AND GIRLS SPORTS (BOBS) and the
CITY OF LODI, a municipal corporation ("City") shall be as follows:
WHEREAS, on February 4, 1987, the parties hereto entered into an
agreement for the purpose of creating and defining a relationship under
which the parties would cooperate on certain Parks and Recreation programs;
and
WHEREAS, under the aforementioned agreement, BOBS has the right to
operate food and beverage concessions at certain City facilities; and
WHEREAS, it now appears necessary and desirable to clearly delineate
the status of and procedures for the hiring, dismissal and supervision of
employees operating such concessions, NOW THEREFORE
W I T N E S S E T H:
That agreement entered into on February 4, 1987 between the parties
hereto is amended by adding the following provisions:
1. All employees hired to staff the concessions at those City facilities
where BOBS operates such concessions shall be deemed part-time
employees of the City of Lodi. This shall not include BOBS volunteer
coordinators_
2. Such employees shall have the same rights and privileges, and shall be
subject to the same provisions as other City employees in matters of
hiring, dismissal and promotion.
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3. City shall i -sue all payroll checks for such part-time employees and
shall thereafter be reimbursed by BOBS for the full amount of salaries
and benefits paid, plus five percent (5%) of gross salary as an
administrative fee. Such reimbursement shall be due and payable upon
invoice.
4. All other terms and conditions of the agreement dated February 4, 1987
shall remain in full force and effect.
IT IS SO AGREED.
CITY OF LODI,
a municipal corporation
THOMAS A. PETERSON
City Manager
ATTEST:
1
M. PERM
City C1 rk
Approved As To Form:
BOBBY W. MCNATT
City Attorney
AGRBGC.2/TXTA.0IV
BOOSTERS OF BOYS AND GIRLS SPORTS
(BOBS)
By
Pr'sident
wz
A G R E E N, ENT
THIS AGREEMENT entered into this 4th day of
Febru_=r-i '1987, by and between CITY OF LODI, a
Municipal Corporation, hereinafter called "CITY", and
BOOSTERS OF BOYS/GIRLS SPORTS, hereinafter called "BOBS";
It is the purpose and intent of this Agreement to
reduce to writing the working relationship that has in the
oast and ,,ill continue in the future to exist between CIT'_'
and_EOSS in the conduct of the ooeration of the Lodi
Recreaticn & Parks recreation program for the use and
citize~:- cr the City of Lodi.
CITY acknowledaes and understands that BOBS is a
non-profit coroora`_lon ccmDosed of volunteer citizens
residing in the Lodi area. CITY further acknowledges that
it- is aware o the purposes set forth in Article I,
Section 3, of the By -La,, -.,s cf BOBS which purposes read, so
Lar as Dertine.n.t here, as follows:
A. To serge in an advisory and coordinating
caoacity to the Lodi Recreation and Parks
Decartment in all matters pertaining to joint
program socnsorshio, general program policies,
and rules and regulations.
B. To sere in mutual cooperation with the Lod_
Pecr=_=ion. and Parks Department in promoting and
ancourac ing participating in COmpetitiVe
athletics by youths from ages 6 through 18.
C. To increase interest and SUDDort In com-
peti—:ive athl-etics b`: -involving a great numi:i er of
ar-u,1 S eirectl"• or lniirec:lv as volunteers In
�hle at all levels and various croaram
areas.
F. Tc assist the Lodi Recreation and Parks
r>>rtr^at in fin.=.ncinc varicus oroarams for
•south b,, Darticioating in runt. -raising activities.
G. To brina to vouth a deeper realization of tiie
imiocrzance of soortsmanshio and fello,.shio
through oarticioation in athletics.
EODS agrees to provide its members to CITY for
the conuuct of its various athletic programs throughout
the vea~. All said persons shall b considered
:o' L n _-_' a.^.0 :1 1 1 rnr ni ern ]C CGIP.D�.^J3=1on as such n0:
1WC
shall BOBS be entitled to any compensation for the services
to be performed by its members on behalf of CITY.
It is acknowledged and agreed that the Director
of CITY'S Park & Recreation Department shall ba the
authorized person to assign and direct the members of BCSS
in their participation of the sports and recreation
program of CITY.
CITY agrees that :chile an-., of the members of BOBS
are participating in the sports and recreation program of
CITY pursuant to this Agreement, that member shall be
1naemnif ied and held harmless from any Sul', claim or
11?D11ity t* -at m?`•' Cr mach= be ill d again.Sr- that
si.mil ar to the Co"er Ce :JrCVlC=d to afi'; other volunteer Or
emalcvee Of CITY. J -
CITY agrees to hold BOBS, it officers and direc-
tors free from anv suit, action Or clai-n for damage, up to
a maximum of $250,000.00, that may or micht be filed by
reason Of injury to participants in CITY'S sports and
recreation Drcg:ams, which program may at that particular
time be under the direction Or sup_ erviS1on of a me..mbar O
BOBS.
CITY does hereby grant to BOBS the e--clusive right
to operate the food and beverage concession at Salas Park,
Kofu Park and at such other public places as may be per-
mitted by the Director of CITY'S Parks and Recreation
Department. BOBS does herebv agree that the net proceeds
received from the sale of -food, beverage and merchandise as
said concession stands shall be used by them in carrvina on
time CITY'S recreational programs and shall make time Punas
available for disbursement uDon the mutual acreement Of
BOBS and the Director of CITY'S Parks and Recreation
DeDartment.
BOBS agrses to maintain in full force during the
time that they are cper:tine said food concession stands,
a liabilit:; insurance policy in the mini^:�um Sul of
5500,000.00 which shall nam -e the Cit,; of Lcdi as an addi-
tional 11:S1?re'1 aR�l under
^OLLC_: the insurer surer :^crees
to indemnify and hold time BCES and C1_ of Lcdi harm ass
from and against all costs, ex -co -uses and 11::billty arising
Out of or based upon any damages claimed by any person
purchasing food from said concession stands. I.n. addition
to the additional named insured endorsement on BOBS'
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