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HomeMy WebLinkAboutCC Resolution 11730 (Marin Bocce Federation)RESOLUTION NO. 11730 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF THE AMENDED FACILITY USE AND MANAGEMENT AGREEMENT FOR THE ALBERT PARK BOCCE BALL COMPLEX (Term of Agreement Shall be from March 1, 2005 until January 31, 2015) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, the Marin Bocce Federation has provided public facilities and programs in Albert Park for Bocce games, tournaments and leagues under agreements with the City of San Rafael since 1994; and WHREAS, the Marin Bocce Federation is willing to make repairs to the City owned building at 535 B Street and to renovate it to serve Bocce related activities available to the public; and WHEREAS, the City of San Rafael wishes to enter into an agreement with the Marin Bocce Federation to authorize the continuation and expansion of these Bocce program services to the public in Albert Park; WHEREAS, the City Council finds that the approval of this Agreement is categorically exempt under the California Environmental Quality Act (CEQA) Guidelines, Section 15301, or is exempt under CEQA Guidelines, Section 15061(b)(3), since there is no possibility that the activities under the Agreement will have any significant adverse effect on the environment; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael authorizes the MAYOR and CITY CLERK to execute, on behalf of the City of San Rafael, the Amended Facility Use and Management Agreement for the Albert Park Bocce Ball Complex, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the 0 City Council of said City held on Monday, the 4th day of April, 2005 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -u-µR- A JEARNE M. LEONCINI, City Clerk STATE OF CALIFORNIA FRANCHISE TAX BOARD P.O. BOX 1286 RANCHO CORDOVA, CA. 95741-1286 May 9, 1995 THE MARIN BOCCE FEDERATION P. 0. BOX 150392 SAT( RAFAEL CA 94915 In reply refer to 340*G :PTS Purpose CHARITABLE Code Section 23701d Form of Organization Corporation Accounting Period Ending: December 31 Organization Humber 1882676 MB2F* e"h -!o i f -a You are exempt from state franchise or income tax under the section of the Revenue and Taxation Code indicated above. This decision is'based on information you submitted and assumes that your present operations continue unchanged or conform to those proposed in your application. Any change in operation, character, or purpose of the organization must be reported immediately to this office so that we may determine the effect•on your exempt status. Any change of name or address must also be reported. In the event of a change in relevant statutory, administrative, judicial case law, a change in federal interpretation of federal law in cases where our opinion is based upon such an interpretation, or a change in the material facts or circumstances -relating to your application upon which this opinion is based, this opinion may no longer be applicable. It is your responsibility to be aware of these changes should they occur. This paragraph constitues written advice, other than a chief counsel ruling, within the meaning of Revenue and Taxation Code Section 21012(a)(2). You may be required to file Form 199 (Exempt Organization Annual Information Return) on or before the 15th day of the 5th month (4 1/2 months) after the close of your accounting period. Please see annual instructions with forms for requirements. You are not required to file state franchise or income tax returns unless you have income subject to the unrelated business income tax May 9, 1995 THE MARIN BOCCE FEDERATION Corporate Humber 1882676 MB2F* Page 2 under Section 23731 of the Code. In this event, you are required to file Form 109 (Exempt Organization Business Income Tax Return) by the 15th day of the 5th month C4 1/2 months) after the close of your annual accounting period. Please note that an exemption from federal income or other taxes and other state taxes requires separate applications. A copy of this letter has been sent to the Registry of Charitable Trusts. P SHEK EXEMPT ORGANIZATION UNIT CORPORATION AUDIT SECTION Telephone (9.16) 845-4171 EO : cc: DAVID M. HELLMAN 4 INTERNAL REVENUE SERVICE ` DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 91755-7406 Date: APR 19 199 THE MARIN BOCCE P O BOX 150392 SAN RAFAEL, CA Dear Applicant: FEDERATION 94915-0392 DEPARTMENT OF THE TREASURY Employer Identification Number: 68-0311346 Case Number: 955066032 Contact Person: DANIEL HUMM Contact Telephone Number: (213) 725-6619 Accounting Period Ending: December 31 Foundation Status Classification: 170 (b) (1) (A) (vi) Advance Ruling Period Begins: February 1, 1994 Advance Ruling Period Ends: December 31, 1998 Addendum Applies: No Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3). Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you send us the required information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make a final determination of your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we Letter 1045 (DO/CG) -2 - THE MARIN BOCCE FEDERATION will no longer treat you as a publicly supported organization, grantors and contributors may not rely on this determination after the date we publish the notice. In addition, if you lose your status as a publicly supported organi- zation, and a grantor or contributor was responsible for, or was aware of, the act or failure to act, that resulted in your loss of such status, that person may not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then that person may not rely on this determination as of the date he or she acquired such knowledge. If you change your sources of support, your purposes, character, or method of operation, please let us know so we can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, let us know all changes in your name or address. As of January 1, 1984, you are liable for social security taxes under the Federal Insurance Contributions Act on amounts of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Code. However, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal tares, please let us know. Donors may deduct contributions to you as provided in section 170 of the Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Donors may deduct contributions to you only to the extent that their contributions are gifts, with no consideration received. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives guidelines regarding when taxpayers may deduct payments for admission to, or other participation in, fundraising activities for charity. You are not required to file Form 990, Return of Organization Exempt From Income Tax, if your gross receipts each year are normally $25,000 or less. If you receive a Form 990 package in the mail, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If you are required to file a return you must file it by the 15th day of the fifth month after the end of your annual accounting period. We charge a penalty of $10 a day when a return is filed late, unless there is reasonable Letter 1045 (DO/CG) -3 - THE MARIN BOCCE FEDERATION cause for the delay. However, the maximum penalty we charge cannot exceed $5,000 or 5 percent of your gross receipts for the year, whichever is less. We may also charge this penalty if a return is not complete. So, please be sure your return is complete before you file it. You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, we will assign a number to you and advise you of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. If we said in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help us resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely ours, Richard R. Orosco District Director Letter 1045 (DO/CG) EXHIBIT C Marin Bocce Federation Maintenance and Repair Responsibilities for the Albert Park Bocce Court Complex The following list outlines the required tasks to be completed by the Marin Bocce Federation to maintain the bocce court complex at Albert Park. The intent of the list is to outline the agreed upon maintenance tasks necessary to keep the court area safe and clean for public and Marin Bocce Federation uses. 1) Litter removal at least twice per week and garbage collection services at least once per week. 2) Hard surface cleaning at least once a week. 3) Bocce court surface cleaning at least once a week. 4) Weeding -hand weeding 3 times per year and seasonal pre -emergent spraying or as needed. 5) Pruning: a) Trees- once per year -sycamore (palard 18 trees) -Pears (6) -Cypress (21) b) Shrubs - twice per year. 6) Fertilize plant areas as needed once per year. 7) Irrigation - MBF is responsible for programming the irrigation system, for day to day adjustment of the irrigation heads and routine checks of the system. City parks department will be responsible for major repairs to the irrigation system and the major connections to Albert Park. (Major repairs -examples- replace sprinkler heads, main line repairs, valve or controller repairs.) 8) Structures - MBF will conduct routine maintenance as needed of the arbors, paths, walls, benches, fountains and court amenities. 9) Drain Maintenance - MBF will keep court and patio drainage lines cleared and maintained (ie: remove debris, leaves from drain inlets and catch basins on a weekly basis). City will be responsible for drain line connections to Albert Park main drain lines. 10) Vandalism - MBF will be responsible for repair of day to day vandalism to the courts, structures and the general complex area (ie: graffiti, broken sprinklers or marring of the courts) as per the agreement terms. IF,,k,.6H- 'D CITY OF SAN RAFAEL PERMIT FOR PROSSESSION AND CONSUMPTION OF BEER AND WINE The City of San Rafael hereby permits the Marin Bocce Federation and persons registered to participate and participating in the Federation leagues and organized activities, to possess and consume beer and wine on the Bocce Court Complex at Albert Park. This permit is granted by the Director under San Rafael Municipal Code section 2.16.028 (18), and is issued to the Federation on the following terms and conditions: 1. This permit shall expire on December 31, 1999. 2. Possession and consumption of beer and wine shall only occur during Federation organized, sponsored and supervised activities, only between the hours of 6:00 p.m. and 10:30 p.m., and only in the Bocce Complex at Albert Park. 3. Federation shall be responsible for cOompliance with any and all other federal, state, and local regulations regarding the possession and use of alcohol. 4. Under this permit, Federation shall not sell or furnish alcoholic beverages, nor allow or permit participants to sell or furnish alcoholic beverages, to any person at any time in Albert Park. 5. This permit is revocable by the city at any time without cause, upon forty-eight (48) hour notice. This permit may be immediately and automatically revoked upon violation of any of the terms and conditions of this permit or upon any violation of law by Federation or its participants. 6. Federation shall have a supervisor or manager or other responsible organization official on the premises when the alcohol permitted under this permit is being possessed or consumed. Said official shall be responsible to monitor conduct and shall immediately notify law enforcement should dangerous or unlawful conduct occur. 7. Federation shall notify in writing all registered participants in its organized activities as to the terms and conditions of this permit. Such writings shall include, but not be limited to, notices posted at the complex, an statement of conditions included in Federation Rules and Regulations. 8. Federation shall, at its sale cost and expense, obtain and maintain during the term of this permit and for any extension thereof, a commercial general liability insurance policy with a minimum occurrence coverage in the amount of $1,000,000 to cover any and all claims of whatever nature, arising out of the activities of the Federation under this permit and out of the Federation's use and management of the Bocce Complex. All insurance shall name the City, its officers, agents, volunteers and employees as additional named insureds under said policy and shall provide primary coverage with respect to the City and shall be an occurrence policy. All insurance policies shaii. 1. Provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said policies except upon thirty (30) days written notice to the Risk Manger. 2. Be evidence by the original Certificate of Insurance and a specific endorsement naming the City, its officers, agents, volunteers and employees as additionally named insureds under the policy; both documents shall be provided to the Risk Manager. 9. Federation, for itself and its heirs, successors and assigns, agrees to and hereby does release, defend, indemnify, and hold harmless City, its officers, agents, volunteers, and employees from and against any and all claims, demands, liability, damages, lawsuits or other actions for personal injury or death or property damage arising out of or in any way connected with Federation its officers, agents, employees, volunteers, or participants and use of the Bocce Complex, whether or not alcohol is involved. 10. This permit shall not be effective until the Federation, by and through its authorized representative, sign the acceptance of these conditions on the permit. ACCEPTANCE OF TERMS AND CINDITIONS I, _2)/) j:.,(,Y IVAV9 , the 16L5_61 ricl i of the Marin Bocce Federation by authority of the Federation, hereby accept and agree to the terms and conditions of this permit. DATED: DOLLY I`4AVE President Marin Bocce Federation DATED: ARLENE McCART, DIRECTOR Community Services DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of San Rafael is named as Additional Insured per form CG2026 (11/85) attached to the General Liability policy, with respect to the Operations of the Named Insured. CERTIFICATE HOLDER City of San Rafael Gary Burns 618 B Street San Rafael CA 94901 CANCELLATION SA 4RAFA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. DRE IV ACORD 25 (2001/08) © ACORD CORPORATION 1 ACORD. CERTIFICAT" OF LIABILITY INSURAN"E OP ID DAT1E(MOD3/YYYY 6 MARIN-/04 PROGJCER THIS CERTIFICATE L jSUED AS A MATTER OF INFORMATION Brown & Brown of N. CA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License #OD04053 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3 Hamilton Landing, Suite 160 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Novato CA 94949 Phone:415-884-7400 Fax:415-884-7470 INSURERS AFFORDING COVERAGE INAIC# INSURED I INSURERA: Nonprofits, ineuraace Alliance INSURERB: Ir),� +S" 4,1 r :. The Marin Bocce Federation INSURER C: 550 B Street INSURER D: San Rafael CA 94901 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. nvsrc kauUV LTR INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 'POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE I$ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY 2 0 0 3 0 614 3 NPO 08/14/04 08/14/05 I PR EM (Ea occur nce) I$ 10 0, 0 0 0 CLAIMS MADE Fx ] OCCUR I MED EXP (Any one person) I $ 10,000 PERSONAL & ADV INJURY 1,000,000 GENERAL AGGREGATE I$ $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG I $ 1,000,000 POLICY n JEC F—]LOCI I AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT I $ ANY AUTO (Ea accident) ALL OWNED AUTOS INJURY I $ =BODILY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY I $ NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO I OTHER THAN EA ACC $ AUTO ONLY: AGG 1$ EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCEis $ 1 OCCUR EICLAIMS MADE (AGGREGATE Is DEDUCTIBLE I I $ RETENTION $ I is WOP.KERS COMPENSATION AND EMPLOYERS' LIABILITY UIH WCSIAIU- TORY LIMITS _l ER - _ ANY PROPRIETOR/PARTNER/EXECUTIVE L. EACH ACCIDENT FE OFFICERIMEMBER EXCLUDED? L. DISEASE - EA EMPLOYEEI $ If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT I $ OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of San Rafael is named as Additional Insured per form CG2026 (11/85) attached to the General Liability policy, with respect to the Operations of the Named Insured. CERTIFICATE HOLDER City of San Rafael Gary Burns 618 B Street San Rafael CA 94901 CANCELLATION SA 4RAFA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. DRE IV ACORD 25 (2001/08) © ACORD CORPORATION 1