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HomeMy WebLinkAboutAgenda Report - November 17, 2021 C-16AGENDA ITEM (2101/10 CITY OF LODI %W COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt a Resolution Approving the Memorandum of Understanding Between the City of Lodi and the Boosters of Boys/Girls Sports (BOBS) MEETING DATE: November 17, 2021 PREPARED BY: Parks, Recreation and Cultural Services Director RECOMMENDED ACTION: Adopt resolution approving the Memorandum of Understanding between the City of Lodi and the Boosters of Boys/Girls Sports (BOBS). BACKGROUND INFORMATION: The BOBS is a nonprofit, youth sports organization (YSO) that has been a strategic community partner providing vital programing to Lodi's young athletes since 1960. The services provided by the BOBS, and the roles and responsibilities of the BOBS and the City, have evolved over the past 61 years of collaboration. Parks, Recreation and Cultural Services (PRCS) staff has remained 100% committed to providing the BOBS a supportive and successful transition to become a more independently -operated YSO, helping to position them for long-term success and to continue their mission as a thriving YSO serving Lodi's youth and families. Under the agreement, the BOBS will manage the following processes previously managed by PRCS: ■ Registration functions of their programs Roster coordination, printing and managing • Recruiting, hiring and managing volunteer coaches and sports officials PRCS continues to provide the BOBS the following: • Marketing and promotions in seasonal activity guide • PRCS Site/Facility Supervisors • Exclusive use of the Kofu Community Building for office and meeting space Equipment storage at Salas Park and Grape Bowl Fieldhouse • Exclusive use and first right of refusal of Salas Park • Priority scheduling and field use at no cost To better serve the BOBS and PRCS, a single, updated MOU is needed. The attached MOU, which incorporates and better defines previous agreements between the parties, was developed through discussion between PRCS staff, the City Attorney and BOBS members. The BOBS Board of Directors unanimously voted in favor of the MOU on October 13, 2021. It will take effect upon the City Council's approval. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Adopt a Resolution Approving the Memorandum of Understanding Between the City of Lodi and the Boosters of Boys✓Girls Sports (BOBS) November 17, 2021 Page 2 FISCAL IMPACT: None FUNDING AVAILABLE: N/A �'� q_"p, ilristina omay arks, Recreation and Cultural Services Director CJ\LJ:tl cc: City Attorney Attachment RECREATIONAL SERVICES AGREEMENT FOR YOUTH SPORTS IN THE CITY OF LODI THIS RECREATIONAL SERVICES AGREEMENT ("Agreement") shall become effective the 17th day of November, 2021, by and between the CITY OF LODI, a municipal corporation ("City"), and, the BOOSTERS OF BOYS AND GIRLS SPORTS, a 501(c)3 non-profit organization ("BOBS"). City and BOBS may be referred to herein collectively as the "Parties" and singularly as "Party." RECITALS A. BOBS is a separate and distinct legal entity from City, however BOBS and City, through City's Parks, Recreation and Cultural Services Department ("PRCS") have had a long- standing, valued partnership for the delivery of youth sports programming in the City for over 60 years. B. The City recognizes BOBS unwavering commitment to serve the Lodi community by offering youth sports programs, which have a lasting and significant impact on the lives of young athletes by building character, sportsmanship and teaching individuals what it means to be a part of a team. C. Additionally, the Parties would like to recognize the lifeblood of the BOBS organization, which is the volunteers, including hundreds of volunteer coaches and the all -volunteer Board of Directors, who give tirelessly to enrich the lives of over 2,000 youth participants who move through the BOBS' youth sports programs annually. D. The Parties now desire to enter into this Agreement to continue their partnership and to define the terms under which BOBS will continue to provide youth sports programs in the City and the services and facilities PRCS will provide to BOBS to assist in delivering youth sports programs. E. This Agreement is intended to supersede and replace the "Memorandum of Understanding Between the City of Lodi Parks, Recreation and Cultural Services and the Boosters of Boys and Girls Sports Regarding the Provision of Services to the City and Lodi Community," dated June 6, 2012, and all prior memorandum of understandings and agreements between the Parties regarding youth sports programming and services, whether oral or written. F. The Parties have had and continue to have a strong joint interest in the delivery of cost effective and comprehensive youth sports in the City of Lodi. AGREEMENT: NOW THEREFORE in consideration of the mutual covenants made herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereto agree as follows: 1. Recitals True and Correct. The Parties agree that the Recitals contained hereinabove are true and correct. Purpose. The purpose of this Agreement is to define the terms that will control the Parties mutual efforts to ensure the provision of youth sports in the City of Lodi and to memorialize the transition of BOBS providing a greater portion of the services (that are currently provided by PRCS) in the City. This Agreement shall also document the City's continued commitment to provide PRCS facilities necessary for youth sports and to coordinate with BOBS. 3. Term. The term of this Agreement shall begin November 17, 2021 and continue through December 31, 2026 ("Term"). The Parties agree to meet twelve (12) months prior to the expiration of the Term to consider any amendments or extensions to this Agreement to ensure continuity of youth sports services in Lodi. However, either Party may terminate this Agreement prior to the expiration of the Term with twelve (12) months' advance written notice. 4. BOBS Obligations. BOBS shall be responsible for all of the following: a. Registration. BOBS will provide all registration functions for BOBS youth sports. b. Rosters. BOBS will coordinate team selection and rosters for all BOBS youth sports programs. City, through PRCS, will provide historic roster data and process documents to BOBS, so that the existing documents may be used as reference materials for BOBS' new systems. c. Volunteer Coaches. BOBS will recruit, select, qualify, and manage all youth sports volunteer coaches and team parents, including the completion and clearance of background checks as required by City and State laws and regulations, including the California Department of Justice fingerprint -based background check and criminal record review. BOBS will not allow volunteers to participate in practices or games if they have not passed the required background check. ii. BOBS will issue photo identification cards ("ID's") to all youth sports coaches and team parents and require the ID's to be worn and visible during all youth sports games and practices. iii. BOBS will issue Code of Conduct guidelines to all youth sports volunteers and require all volunteers to comply with the same. d. Safety Protocols. BOBS will comply with all State and any applicable youth sport association mandated safety protocols, including but not limited to, concussion protocols and BOBS shall train volunteers on the same and require compliance with all mandated safety protocols. e. Sports Officials. BOBS will recruit, train, background check, hire, and schedule sports officials for all BOBS competitions. City, through PRCS, will provide BOBS with historic data and hire lists. f. Maintenance and Improvements. BOBS will not perform any improvement projects or maintenance to City owned real property or fixtures (excepting concession fixtures) without the written approval of the PRCS Director, City Parks Superintendent, or his or her designees. g. BOBS Representation. BOBS will provide a representative member of the BOBS Executive Board to be present at all Parks and Recreation Commission meetings which generally occur the first Tuesday of every month. h. Supervisory Clearance. BOBS Board members must pass DOJ fingerprint clearance to have supervisory or disciplinary authority over minors. i. Marketinq and Promotions BOBS agrees to cross promote City-wide special events and appropriate programs on its media platforms. 5. City Obligations. The City, through PRCS, shall provide all of the following. a. City Property Use and Scheduling. PRCS will allow BOBS to use specified City fields for youth sports activities and BOBS will not be charged for the use of the facilities listed below, except for the Grape Bowl and special events set forth below. Salas Sports Complex. BOBS will have first priority scheduling for all events on the sports fields at Salas Sports Complex. Priority shall then fall to City sponsored programs and events, and then to other community events. Other youth sports fields. BOBS shall contact the PRCS Sports Division to submit written facility use requests at least six (6) months prior to the first day of the respective sport/field use and no later than three (3) months prior to the first meeting date. All submissions after the priority scheduling period will be considered based on priority policies applicable to the general public. BOBS field reservations shall include the following parks: Salas (exclusive use; with the first right of refusal), Kofu, Softball Complex, Chapman, Peterson, Vinewood, Blakely, Katzakian, Grape Bowl and DeBenedetti. BOBS programming will be considered an extension of City programming and will receive priority scheduling ahead of all other community group facility use requests. PRCS shall provide confirmation of all upcoming year permits within one (1) month of submission. In any future facility scheduling or allocation policies between the Parties, BOBS shall retain second priority in field allocation only to City/PRCS programs. iii. Annual Scheduling. BOBS and PRCS staff will meet annually on or before December 1 each year, to coordinate schedules for the upcoming year including any capital projects that may impact scheduling (excepting emergency work). iv. Additional Event Costs. When BOBS hosts or co -hosts any major functions and/or special events on City property (tournaments, jamborees, dinners, etc.), wherein the event is not exclusively for BOBS teams, BOBS and PRCS staff will meet prior to such events to determine if any fees and/or charges will be necessary to cover additional costs to the City brought on by these events. Additional charges to be paid by BOBS will be agreed upon prior to the scheduling of these special events. BOBS shall submit a Facility Rental Application for Special Events no later than three (3) months prior to the first date of the corresponding event. v. Facilities Not Owned b,y_the City. For any facilities used to conduct BOBS sports programs that are not owned by the City, BOBS must submit rental requests and pay all rental fees directly to the corresponding property owner. b. Marketing and Promotion. Advertising Space. PRCS will provide BOBS % page advertising space in the Play Lodi Activity Guide in three issues per year; and corresponding links on the PRCS website. BOBS will provide camera ready art work for the advertisements. Deadlines for publication are March 1, July 1, and October 1 annually. City reserves right to change the Play Lodi Activity Guide publication times, format and medium. Should a change to the publication options occur, PRCS will negotiate in good faith with BOBS to provide equivalent advertising space in any revised or altered ad format. ii. City agrees to cross promote BOBS special events, tournaments, and fundraisers on its media platforms. c. Site Supervisors. City will provide PRCS staff for all facilities used by BOBS at City expense. Staffing shall be consistent with historic practices. 4 d. Storage. PRCS shall provide storage for BOBS equipment at Salas Park and the Grape Bowl in the same manner as provided in the 2019 season, which is shown in the attached Exhibit B incorporated herein by this reference. e. Office Space. City will provide BOBS with exclusive use of the Kofu Park Community Building ("Building") to operate and maintain BOBS programs at no cost in recognition of BOBS one-time $6,500 donation to the security gate project at Salas Park. PRCS and the City reserves the right to access the Building for maintenance as needed. BOBS agrees to indemnify the City for any damage resulting to the Building due to the negligence of BOBS or its volunteer representatives during BOBS's use. BOBS agrees to only occupy the Building during the hours of 8 am to 11 pm seven days a week. Any improvements to the Building requested by BOBS, must be approved by PRCS Director in writing prior to work being performed. PRCS Liaison. City shall assign one of its PRCS employees as a Liaison to BOBS. The Liaison shall function as a conduit for communication and cooperation between City and BOBS, but shall answer to PRCS Director or his or her designee. The Liaison shall not perform tasks at the direction of BOBS, nor shall he or she develop or deliver BOBS programs. g. Maintenance. The City and the BOBS shall provide general maintenance for all fields consistent with its standard maintenance practices listed below. BOBS must submit any request for special field maintenance in writing with a game schedule at least two (2) weeks in advance of the requested maintenance date. PRCS Parks Division will provide and/or perform: • Safe, clean, well-maintained facilities • Nail/screen drag and water diamonds for games only • Maintain outfield foul lines for games only • Line infield lines including batting circles, for games only • Turf maintenance — mow, weed, fertilize, irrigate • Rodent control • Facilities maintenance — buildings, restrooms, dugouts, playgrounds, gazebos, and fencing • Facilities include — Salas Park, Vinewood Park, Softball Complex, Chapman Field, Zupo Field, Kofu Park, Blakely Park and Grape Bowl BOBS Teams will provide and/or perform: • Field markings — purchase and store gypsum on site in secure location (see Exhibit B) • Stripe DeBenedetti Soccer Fields during soccer season • Trash cleanup — dugouts, bleachers and scorekeeper areas • Maintain bullpens at Salas and Kofu parks • Grape Bowl — trash clean up and removal (place in dumpster) • If fields are prepped for other users, must leave diamonds in the condition they were found (play ready) • Organize/assign, supervise and train work crews or volunteers h. Restrooms. PRCS shall maintain all City restrooms at parks that the BOBS utilize that have a permanent restroom. The City shall provide portable restrooms at Vinewood Park and DeBenedetti Park during the softball and soccer season (practices through last game) respectively. BOBS will notify the City/PRCS of the practice schedule and when portable restrooms will be needed. 6. Sponsors. BOBS will recruit its own sponsors and have the right to display sponsorships on City of Lodi owned sites used for BOBS events. The City/PRCS reserves the right to require the removal of any sponsorships or sponsorship materials that do not meet standards set forth in City Municipal Code or any resolutions adopted by the City Council. 7. Concessions. The Parties have been, and shall continue to, perform concession operations in accordance with the terms set forth in the "Agreement between the City of Lodi and Boosters of Boys and Girls Sports for Concession Operations at Kofu, Salas, Zupo, Softball Complex, Chapman Field and Other Locations for BOBS Sponsored Events and Other Events as Determined By Mutual Agreement with the BOBS and the Director of Parks and Recreation" dated July 14, 2010, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and as may be amended by the Parties in the future, excluding events hosted by the Lodi Unified School District. 8. Records and Accounts. a. At all times during the term of this Agreement, BOBS shall keep separate, true, and complete books, records, and accounts of all revenues received and all expenditures made by BOBS in relation to concessions, events, special services, and all other matters incident to the programming of youth sports. b. BOBS shall provide the PRCS Director with an annual Attendance, Revenue and Expenditure Report and attendance reports that include monthly estimates of the number of visitors and participants, and income and expenditures, on an annual basis. The annual report shall be submitted for the period commencing January 1 (or the start date of the Agreement for the first year of operation) and ending December 31 of each reporting year, and shall be filed with PRCS no later than the following February 28. In addition, within 45 days of the expiration or termination of this Agreement, BOBS shall submit to the City a statement of income and expenditures for the period of operation not previously provided on the prior year annual report, prepared as set forth above. c. The books, records, and accounts applying to the programming of youth sports kept by BOBS shall be open for audit or inspection by PRCS/City at all reasonable times. All such records shall be kept by BOBS for a period of at least 4 years. 9. Insurance Requirements. BOBS shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. 10. Indemnification and Responsibility for Damage. BOBS to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of BOBS, any subcontractor employed directly by BOBS, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, BOBS shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 11. No Personal Liability. Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 12. Media Contacts. The Parties agree that all media inquiries shall be directed exclusively to the PRCS Director and BOBS President. The Parties have a long-standing commitment to providing excellent youth sports programming in Lodi. As such, the Parties shall recognize the benefits each partner brings in providing these services and agree to represent each other positively to the media and community. 13. Notices. Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: City Manager To PRCS: Parks, Recreation and Cultural Services 230 West Elm Street Lodi, CA 95240 Attn: Parks & Recreation Director To BOBS: Boosters of Boys/Girls Sports P.O. Box 1600 Woodbridge, CA 95258 Attn: President 14. Miscellaneous terms. a. Choice of Law and Venue. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Joaquin, State of California. b. Waiver. No delay or omission in the exercise of the right or remedy by a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party or any default must be in writing and shall not be a waiver of any other default concerning the same and any other provision of this Agreement. c. Attorney Fees. If either Party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. d. interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. e. Integration. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. f. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, 0 sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its validity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. g. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party if bound. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in Lodi, San Joaquin County, California, on the date first stated above. CITY OF LODI, a municipal corporation BOOSTERS OF BOYS AND GIRLS SPORTS, a 501(c)3 non-profit organization STEPHEN SCHWABAUER Name- City Manager Title: ATTEST: JENNIFER CUSMIR City Clerk APPROVED AS TO FORM: Janice D. Magdich iNov3, 2117:16 POTi JANICE D. MAGDICH City Attorney L 4- AGREEMENT CITY OF LODI AND BOOSTERS OF BOYS AND GIRLS SPORTS FOR CONCESSION OPERATIONS AT KOFU, SALAS, ZUPO, SOFTBALL COMPLEX, CHAPMAN FIELD AND OTHER LOCATIONS FOR BOBS SPONSORED EVENTS AND OTHER EVENTS AS DETERMINED BY MUTUAL AGREEMENT WITH THE BOBS AND THE DIRECTOR OF PARKS AND RECREATION f PARTIES: This agreement is made and entered into this 1q111 day of J O LP , 2010 by and between the City of Lodi, a municipal corporation ("City") and the Boosters of Boys and Girls Sports ("BOBS"). The term of this agreement shall be from July 1, 2010 to June 30, 2013. RECITALS: - BOBS agrees to operate concession stands at the below described parks under the terms and conditions set forth herein: Kofu Park, 1145 S. Ham Lane, Lodi, California • Salas Park, 2001 S. Stockton Street, Lodi, California Zupo Park, 350 N. Washington Street, Lodi, California Softball Complex, 401 N. Stockton Street, Lodi, California 11 Chapman Field, 333 N. Washington Street, Lodi, California TERMS AND CONDITIONS: 1. Definitions: A. Special Events: As used in this Agreement "Special Events" shall mean events other than normal Parks and Recreation activities including but not limited to concerts and f professional sporting events. 2. Premises. City does hereby grant to BOBS the sole and exclusive rightllicense to vend food and drinks, etc. at the concession stands at the Kofu, Salas, and Zupo parks and other t E locations for BOBS and/or City sponsored programs and events (determined by mutual E j agreement with BOBS and the Director of Parks and Recreation for the term of this agreement.) The Director of Parks and Recreation may allow other concessionaires at special events. 3. Consideration: In consideration for the granting of this rightllicense the parties shall do the following: A. City shallprovide: 1. Enclosed concession stands at the Kofu, Salas, Zupo, Softball Complex and Chapman Field parks with some limited City -owned .equipment listed in Exhibit A which BOBS will be expected to service and maintain at BOBS sole cost and expense; 2. Water, sanitary sewer, gas, electricity, and garbage receptacles outside of the concession buildings; 3. Maintenance of the general property of the concession buildings, unless abuse and lack of general care is apparent, at which time the cost and expenditures shall be that of the BOBS. B. Concession a eration conditions: 1. The City Manager is granted the right to immediately terminate this agreement upon failure on the part of the BOBS to keep in full force and effect during the entire term of this agreement, the insurance required herein; 2. BOBS shall, prior to opening for business, furnish a products and price schedule and shall follow the products and price schedule as mutually agreed to between BOBS and City; 3. BOBS shall provide all equipment and merchandise necessary to operate t said concessions except the equipment listed in Exhibit A; 4. BOBS shall keep accurate records and books of accounts of all I purchases and sales and does hereby give to the City or its authorized agents, E the right to examine and audit said books at any reasonable time. The BOBS will complete monthly reports, and these reports shall be filed with the City by the E�E tenth day of every month while said concession is in operation; i 2 5. BOBS shall operate said concessions on program game dates at times commencing 15 minutes before first scheduled game or event time and closing no earlier than the conclusion of the last scheduled game and/or 9:30 p.m.; I 6. BOBS agrees to obtain at its own expense, any and all permits and licenses which may be required by law or ordinance in conducting the concessions, and to pay any and all taxes which may be assessed against it for whatever purposes in the operation of said concessions; 7. BOBS shall keep the concession stands and the immediate surrounding area in a clean and presentable condition at all times and follow the strictest of sanitary conditions, and any State and local ordinances applicable to the business conducted. BOBS shall give the City written notice of any maintenance problems; 8. The rights granted hereunder for concession sales at the identified parks, shall be exclusive to BOBS for BOBS excepting special events and football games sponsored by the Lodi Unified School District at the Grape Bowl Stadium. Subleasing by BOBS is hereby prohibited; 9. BOBS is aware that a Possessory Interest Tax is or may be charged each year by the County Assessor for the use of the facilities and that payment of this tax is the responsibility of BOBS; 10. The Parks and Recreation Director shall consult with the BOBS and the Concession Manager to approve or disapprove any employee or operator of said concession stands on the basis of such considerations as dress, general cleanliness, working relationship with the public, and staff needed to successfully vend food for day to day operations, tournaments or special events/activities. (City will coordinate this action with Concessionaire manager); 11. City reserves the right to enter upon the premises at any reasonable time, to inspect the operation and equipment thereon, or for any other purpose; 3 12. BOBS shall not have the right to sell, mortgage, assign or sublet this agreement or any part thereof without the prior written consent of City and any attempt to do so shall automatically terminate this agreement; 13. BOBS shall be responsible for the security of the concession stand and any storage buildings assigned to its exclusive use as far as locks on doors and windows or installation of an alarm system if it is deemed necessary by mutual agreement of the parties. BOBS shall be responsible for any acts of vandalism to BOBS' equipment or inventory; 14. At the conclusion of or termination of this agreement BOBS shall surrender said concession premises in as good an order and condition as that in which BOBS received same, excepting ordinary were and tear. Damage to or mistreatment of the buildings or City equipment will be the responsibility of BOBS to repair, replace, or reimburse for repair and replacement. 4. Insurance\Hold Harmless: City shall, as owner of the property, be responsible to the extent provided by law for any damages arising from the condition of the property itself, or from the direct and active negligence of City's employees and officers. BOBS shall save, defend, indemnify and hold harmless City, its officers, agents or employees from all damages, costs or expenses which may arise because of damages or injury caused by BOBS, its officers, agents, j members or employees during the course of its activities on said premises. Such indemnity shall include attorney's fees. BOBS is required to carry a policy of comprehensive general liability insurance in compliance with all provisions of the "Risk Transfer Requirements for Lease or Use of City of Lodi Facilities", attached hereto as Exhibit B and incorporated herein by reference. 5. Termination of Agreement: This agreement may be terminated at any time with or without cause by either party upon thirty days written notice. Upon termination of this agreement BOBS agrees to quit and surrender the premises in a peaceable manner and City shall have the right to remove BOBS and all others occupying through or under this agreement. M 6. Holding Over: Any holding over after the expiration of this contract, with the consent of the Director of Parks and Recreation, shall be construed as a year-to-year tenancy, otherwise in accordance with the terms hereof, as applicable. 7. Entire Agreement: This document contains the entire agreement between the parties. Any inconsistent prior or contemporaneous oral terms are void and shall not be used to modify or supplement this written agreement. S. Attorney's Fee and Costs. In the event either party brings an action under this agreement at Law or in Equity, for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorney's fees and costs whether or not such action is prosecuted to judgment. IN WITNESS WHEREOF, the parties hereto, being in agreement with the terms of this writing, have set their hands as follows: CITY OF LODI, a municipal corporation KO DT BARTLAM Interim City Manager ATT f .f� City Clerk APPROVE AS TO FORM: STEPHEN SCHVWVABAUER t--city-Afteney 5 BOOSTERS OF B YS AND GIRLS SPD OBS ICK ENGELHARDT President -7 j L41 10 Date EXHIBIT A B.O.B.S. CONCESSION EQUIPMENT INVENTORY A S OF NO VEMBER OG, 2007 6 Hot Dog Steamers 5 Food Steamers 3 Popcorn Machines 5 12 Cup Coffee Makers 4 42 Cup Coffee Makers 3 Ice Machines 2 Pretzel Displays/Warmers 1 Pretzel Oven with Display Case/Warmer 3 Pretzel Ovens 4 Microwaves 3 Chest Freezers 3 Upright Freezers 1 Double Upright Freezer 2 Refrigerators (owned by Pepsi) 2 Soda Machines (owned by Pepsi) 3 Fountain Machines (owned by Pepsi) 5 Casio'Cash Registers 2 Wall Air Conditioners 5 Condiment Trays 5 Crock Pots 5 Electric Pots (deep fryers) 4 Serving Trays 5 Utensil Trays 4 Cheese Dispensers 6 1 -Gallon Pitchers 3 Cash Boxes Several Large Pots Several Large Utensils 1 Wooden Office Desk RAY H. HUEY, B.O.B.S. CONCESSIONS MANAGER EXHIBIT B City of Lodi — Parks, Recreation and Cultural Services Storage Areas and Equipment by Park In Partnership with Lodi Boosters of Boys/Girls Sports (BOBS) Vinewood N Fielder marker, gypsum (provided by BOBS), batter's box template, string and nails, and hammer. One key will be provided. PRCS Maintenance Room 1 Field marker, gypsum (provided by BOBS), BOBS Container Salas Park N batter's box template, Storage string and nails, and hammer. Field marker, gypsum _ (provided by BOBS), Zupo Field Y batter's box template, Under Bleachers string and nails, and hammer. Field marker, gypsum (provided by BOBS), Chapman Y batter's box template, Concessions Storage string and nails, and hammer. _1 Field marker, gypsum (provided by BOBS), Room Attached to Softball Complex Y batter's box template, Concessions Building; string and nails, and provide own lock hammer. Field marker, Gypsum (provided by BOBS), Kofu Park N Batter's box template, BOBS Shed string and nails, and hammer. Grape Bowl Y Misc. Sport -specific Fieldhouse Eauigment Effective April 1, 2018 1 EXHIBIT C NOTE. The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for activities involving youth under the ape of 18 or another vulnerable population Contractor shall procure and maintain for the duration of the contract 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 and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. 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 a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3 Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Abuse and Sexual Molestation coverage with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor 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 Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary. and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor 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 of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severabirity of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such Canr�ia} Page 1 1 of 2 pages J Risk: rev. 3/1/2018 Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Q) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer{s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of pages YY Risk rev. 3/1/2018 RESOLUTION NO. 2021-308 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND THE BOOSTERS OF BOYS/GIRLS SPORTS (BOBS) WHEREAS, the Boosters of Boys and Girls Sports (BOBS) is a nonprofit 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 positive 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 October 13, 2021. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Memorandum of Understanding between the City of Lodi and the Boosters of Boys and Girls Sports (BOBS); and BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: November 17, 2021 I hereby certify that Resolution No. 2021-308 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 17, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None r��s JENNI B CUSMIR City Clerk 2021-308