HomeMy WebLinkAboutAgenda Report - January 20, 1993 (76)12
O, CIN OF LODI cou►vcIL COMMUNICATION
AGENDA TITLE: Addendum to Agreement Between the Boosters of Boys and Girls
Sports Organization (B.O.B.S.) and the City of Lodi Naming
All Employees Hired to Staff B.O.B.S. Concessions on City
Facilities as Part-time Employees of the City of Lodi
MEETING DATE: January 20, 1993
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: By Council resolution, approve naming all employees
hired to staff B.O.B.S. concessions on City facilities
as part-time employees of the City of Lodi.
BACKGROUND INFORMATION: Currently, the B.O.B.S. writes the City a check each pay
period to cover the wages of their employees. The City,
in turn, issues a City payroll check for each
individual. It is felt that there needed to be a formal
agreement stipulating to both parties (B.O.B.S. and City) that these people, in
fact, are part-time City employees and, as such, are subject to the same
provisions as other City employees in matters of hiring, dismissal, and
promotion.
FUNDING: City shall issue all payroll checks and shall be
reimbursed by B.O.B.S. for the full amount of salaries
and benefits paid, plus five percent (5%) of gross
salary as an administrative fee.
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Ron Williamson
Director
Parks and Recreation Department
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cc: Bob HcNatt, City Attorney
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APPROVED
THOMAS A. PETERSON recycled Paper
City Manager
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RESOLUTION 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
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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
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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
nnifer tkrrin
City Clerk
The Foregoing Document Is Certified
To Be A Correct Copy Of The Original
On File In This
Pegg Nicolini
DZ0,
y Cityerk, City Of Lodi
By �Ti,j"lco&x.c 93-17
Dated:
RES9317/TXT--.02:
ADDENDUM TO AGREEMENT
(BOOSTERS OF BOYS AND GIRLS SPORTS (BOBSY AND CITY OF LODI)
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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
su:ject to the same provisions as other City employees in matters of
hiring, dismissal and promotion.
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3. City shall ibsue 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 (Sir) of gross salary as an
administrative fee. Such reimbursement shall be due and payable upon
invoice.
4. All other terns and conditions of the agreement dated February 4, 1987
shall remain in full force and effect.
IT IS SO AGREED.
CITY OF LODI, BOOSTERS OF BOYS AND GIRLS SPORTS
a municipal corporation (BOBS)
THOMAS A. PETERSON
City Manager
ATTEST:
Approved As To Form:
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BOBBY W. MCNATT
City Attorney
AGRBGC.2/TXTA.01V
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President
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THIS AGREEMENT entered into this 4th day of
Februar•f , 1987, by and between CITY OF LODI, a
Municipal Corporation, hereinafter called "CITY", and
$OOSTrc^.S 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
Dast and :till continue in the future to exist. between CIT'--'
and BOBS in the conduct of the operation of the Lodi
Recrea:icn & Parks recreation program for the use and
citiz' nZ, of the City of Lodi.
CITY acknowledges and understands that BOBS is a
non-prcEit corporation composed of volunteer citizens
resiairg in the Lodi area. CITY further acknowledges that
it is aware of the purposes set forth in Article I,
Section 3, of the By -Laws of BOBS which purocses read, so
ear as pertinent hare, as follows:
A. To serve in an advisory and coordinating
capacity to the Lodi Recreation and Parks
Department in all matters pertaining to joint
program sponsorship, general program policies,
and rules and regulations.
B. To serve in mutual c000eraticn with the Lod_
Recreation and Parks Department in promoting and
encouraging particioa:.ing in competitive
athletics by youths from ages 6 through 18.
C.
To increase interest and suDoort in com-
C'ti_I'l" a_nl^".ici bv involving a great num.----- o
ac -l=_= eirectl' or ini-irectiv aE volunteers in
a`. all levels an'2 various croaram
areas.
F. TC as ist the Lodi and Parks
in i_nnncinc varic'1�_-- nprograms _or
p:rticioaring in iund-raising activities.
C. brine to vouth a deooer realization o' the
::iocrt?nce o� soor`_sminshio and fello;+'shio
tnrOu,", in athletics.
.:C:,., aurJes to oro•: id-_ its members to CITY for
the conic -_t o. its Various athl•''tic proc_rams throughout.
::he 1 ^_ :ll -- said shall E?'_' consld?red
a..: Z.....-'_ r - - -'- ,_- n.� as such r.7;
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shall BOBS be entitled to any co,«oensation 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 Deoartment shall be the
authorized oerson to assign and direct the members of BOBS
in their part=cieation of the sports and recreation
program of CITY.
CITY agrees that while ane of the members of BOBS
are participating in the sports and recreation program or
CITY pursuant to this Agreement, that member shall be
indemnified and held harmless frcm any suit, clai:a or
liabi?_tv t*—at may cr miant be filed acai.^.s: teat m's -m.—
si ll'ar to the Co'Jerace prcvld_d to any other voluntser or
emplCyee of CITY.
CITY agrees to hold BOBS, it officers and direc-
tors free frcm any suit, action or clai-n for damage, up to
a maximum of 5250,000.00, that may or richt be filed by
reason of injury to participants in CITY'S sports and
recreation pr --grams, which program may at that oarticular
t me be under the direction or supervision of a member of
BOBS.
CITY does herebv grant to BOBS the exclusive 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 carrying on
the CIT':'S recreational programs and shall maitre the funds
available for disbursement upon the mutual agreement of
BOBS attd the Director of CITY'S Parks and Recreation
Deoartment.
BOBS aar2es to maintain in full force during the
time that they are cueratina said food concession stands,
a liability: insurance policy in the minimum sum of
5500,000.00 which shall name th-2 City of Dodi ;---s an addi-
tional iiSLre-3 ar i undl r Which `h-_ inFLlr`-'r
t^, inderinify and hold the [10ES ?P.:1 Chi`_ Cf^C'_ h- rs
from and c3C31nst X11 rQctr,�iabi it', arisin i
cut of or ba: ,�d uc-c'n any da ia�jes claimr—i b,cin*.,, perccn
purchasing foca fro^ said co:jc^ssicn s--inds. I.n. additicn
to the additional named insured enciorseme.n.t on POiTES'
Policy of insurance, said insurance policy shall be
endorsed to include the following language:
A duplicate or certificate of said insurance
policy containing the above -stated required
endorsements shall be delivered to the City
Attorne,: after the issuance of said policy, with
satisfactory evidence that the carrier is
required to give the City of Lodi at least 30
days prior notice of the cancellation or reduc-
tion in coverage of the colic•r durina the effec-
t -;-,e period of this Agreement. If there has been
no such delivery within 43 hour-= prior to the
e::Diration date of the policy, this Agreement
sall be null and void.
CITY agrees that BOBS may conduct their business
and have as its principal place of business such office
facilities as may be furnished by CITY, free of charge to
BOBS.
This Agreement may be terminated by either party
upon the civina of a written 30 day -notice to the other
party.
IN WITNESS WHEREOF, the parties hereto have set
their hands as of the day and year first hereinabove
written.
ATTEST: CITY OF LODT_
By TALC t t
City Clerk Mayor
=c ed as to
Hereinabove called "CITY"
-110CSTEERS OF 80': S AND
G1 1,S S'P'ORTS
hereinabove called "BOBS"
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