HomeMy WebLinkAboutCC Resolution 9260 (Bocce Ball Complex Management)RESOLUTION NO. 9260
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute on behalf of the City of
San Rafael a contract, lease or agreement with:
the Marin Bocce Federation for the Facility Use and
Management of the Bocce Ball Complex at Albert Park.
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 City Council of said City, held onMONDAy_, the 5th_ day of
DECEMBER, 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor
Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEr✓I. LEON INI, CITY CLERK
ORiGiNAL cla-40
FACILI i Y USE AND MANAGEMENT AGREEMENT
FOR THE BOCCE BALL COMPLEX LOCATED AT ALBERT PARK
This agreement is made and entered into this 5th- day of DECEMBER, 1994,
by and between the City of San Rafael, herein referred to as "City", and the Marin
Bocce Federation, a private, non-profit corporation, herein referred to as
"Federation".
RECITALS
The City, after significant community input, prepared a renovation plan for
Albert Park. As part of that renovation project, the Federation agreed to build six
bocce ball courts (herein the "Complex") at the Park. The construction of said courts,
costing $450,000.00, with little City expenditure, has now almost been completed.
The Federation, an organization promoting public participation in the play of
bocce ball in order to promote social and physical well-being of the citizens of San
Rafael, seeks to accomplish that goal by using and managing the Complex.
The City desires to enhance the recreational activities of its citizens and to
promote the general health and welfare of the community by encouraging the
public use of the Complex.
The City believes its goal of promoting the general welfare can best be
achieved by agreeing to let Federation use and manage Complex.
Wherefore, the City and Federation hereby agree as follows:
AGREEMENT
Section 1: The Complex.
The "complex" which is the subject of this use and management agreement,
includes the six bocce ball courts, two arbors, a patio area and landscaping and
irrigation in the immediate area surrounding the courts as is more specifically
designated as outlined in dotted line in Exhibit "A", attached and incorporated
herein. The definition of. "Complex" may be changed upon the parties written
amendment to this agreement.
Section 2: Duties and Resvonsibili ties of Federation.,
2.1: To apply for, obtain and maintain at all times its status as a private, non-
profit corporation pursuant to IRC section 501(c)(3) or any subsequent regulation;
2.2: To routinely and regularly, at its expense and with its resources, manage
and maintain the Complex, and all its related equipment and furnishings, in
accordance with the specifications and requirements enumerated in Exhibit "B",
attached and incorporated herein. Federation will be responsible for property
damage due to wear and tear, minor vandalism and graffiti for amounts under
$5,000.
2.3: To establish, organize, promote, conduct and supervise bocce ball leagues,
lessons, and tournaments for any member of the public who wishes to engage i-
such organized bocce ball activities. Federation shall not prevent any member of the
public from participating in any or all Federation activities.
2.4: To develop reasonable rules and procedures for persons using the
Complex, subject to the review and approval of the Park & Recreation Commission
and the Recreation Director. Such rules shall be in conformity with and shall not
conflict with any other rules and regulations governing the use of the City's park
facilities in Section 2.16.028 of the Municipal Code.
2.5: To provide the Recreation Director, two times per year in advance, on
February 1st and on August 1st, a complete schedule of all Federation organized
activities (leagues, lessons, and tournaments) which will require Federation's
organized use of the complex. Director shall coordinate city's programs and
activities to avoid conflicts with Federation's activities. Any changes to the
submitted schedule of events shall be upon written notification and agreement of
the parties.
2.6: To establish a reasonable fee schedule for persons participating in its
organized activities (leagues, lessons, and tournaments), rental uses of the facilities,
and fees for use of equipment, subject to the review and approval of the Recreation
Director. This fee schedule shall be uniformly applied to all persons participating in
Federation's organized activities, and shall not discriminate between Federation
members and the public generally.
2.7: Collection and disbursement of program and rental fees generated by
Federation shall be the responsibility of the Federation. The fees collected shall be
used primarily for Federation programs, maintenance costs, and capital
improvements to the facility and park area. The City reserves the right to conduct
city-organized bocce programs that compliment the Federations activities at no fee
to the Federation.
2.8 Federation shall provide monitors or other supervisory personnel for its
programs and activities. Federation shall not be required to provide monitors or
other supervisory personnel for City-organized or non-Federation bocce programs.
Section 3. Duties and Responsibilities of City.,
3.1: To allow the Federation use of the Complex for its organized activities
pursuant to the submitted schedules and subject to the provisions outlined in
sections 2.3, 2.5, and 2.6,
above.
3.2: To cooperate with Federation in the promotion and supervision of its
organized activities.
3.3 Subject to the City's limitations of budget and other resources, to rebuild
or repair the complex facilities in the event they are damaged by acts of god,
vandalism or intentional or negligent acts of third parties for amounts in excess of
$5,000. Both parties acknowledge the fiscal constraints of the city and agree the
repairs are contingent upon the city having available funds.
Section 4. Compensation.
4.1: In recognition of and in exchange for the Marin Bocce Federation's
contribution of $450,000 worth of park improvements and commitment of annual
maintenance, a value of approximately $8,000 per year, the City will waive facility
use fees for the bocce court complex for the initial five year term of this agreement.
Upon any renewal of this agreement, the terms of compensation shall be re
negotiated.
4.2: Any improvements to the complex must conform to the approved park
design plan and all applicable Federal, State and local laws and regulations, and shall
be constructed with all applicable permits. Any proposed improvement or
modification to the Complex shall be reviewed and approved by the Park &
Recreation Commission and the City Council in addition to any other requirement.
Section 5. Revorts and Audits.
5.1: Federation shall provide to the Park and Recreation Commission each
year, no later than February 1st, a report detailing the following:
a) A comprehensive Federation status report including all organized
activities conducted and supervised during the previous year;
b) A detailed proposal of site improvements, including the estimated
costs and.time for completion;
c) Recommendations regarding the growth of bocce ball in San Rafael.
5.2: Federation shall maintain books, statements, ledgers, accounts and all
other documents related to its management and use of complex under this
agreement.
5.3: City shall have the right, upon reasonable notice, to obtain access to or
copies of, to review, and to audit Federation's books, statements, ledgers accounts,
and all other documents relating to its management and use of Complex under this
agreement.
5.4: Federation shall provide to the Director a copy of its annual financial
statement as regularly prepared.
Section 6. Term.
The term of this agreement shall be from Dec. 5,1994 until December 31,
1999, inclusive, subject to earlier termination pursuant to Section 7. Upon
expiration, the term of this agreement shall be automatically renewed for five (5)
additional years if: 1) Federation has complied with all the terms and conditions of
this agreement and of any alcohol permit issued to it; and 2) Federation and City
have agreed, prior to expiration, to the Federation's compensation to City for the
additional term.
Section 7. Termination of Agreement.
7.1: Upon sixty days (60) written notice of deficiency in performance to the
other party and that party's failure to correct the deficiency, either party may
ter.aLxnate this agreement. Deficiency in performance shall be defined as any of the
following:
a) failure of a party to perform and/or comply with all of the terms and
conditions of this agreement;
b) failure of the Federation to perform and or comply with all of the terms
and conditions of any alcohol permit issued to it by the City;
c) the financial insolvency of the Federation as evidenced 1) by any filing for
reorganization under the bankruptcy statutes or otherwise being named as a debtor
in such proceeding, which is not set aside with in thirty days of filing, or 2) by audit.
Section 8. Indemnitv.
Federation shall defend, indemnify and hold harmless City, its officers,
employees, and agents from and against any and all claims, demands, losses, or
liability which may be alleged by any person, or by Federation, for injury to, or death
of persons or damage to property, however arising, from the obligations and actions
of Federation, it officers, employees, or agents under the terms of this agreement,
excepting only the sole gross negligence or willful misconduct of City. Federation
assumes all responsibility for damages to property or injuries to persons directly or
indirectly caused by services or equipment provided by Federation under the terms
of this agreement, or by the condition of the Complex.
Section 9. Insurance.
9.1: Federation at its sole cost and expense, shall obtain and maintain,
during the life of this agreement, such public liability insurance in the amount of
$1,000,000, satisfactory in form to the City, and with the City, its officers, employees
and agents added as an additional named insured, as shall protect Federation and
City its officers, employees and agents from claims for damages or personal injury,
including accidental death as well as for claims for property damage which may arise
from or out of this agreement, whether by Federation, its officers, agents, employees
or subcontractors.
9.2: Each such policy of insurance described in section 9.1 shall be endorsed
to provide as follows: 1) It is agreed that any insurance maintained by the City of San
Rafael shall apply in excess and not contribute with insurance provided by this
policy 2) it is further agreed that the coverages afforded shall apply as if separate
policies were issued to each (cross liability). 3) All rights or subrogation are hereby
waived against the City of San Rafael and the members of its City Council and
elective or appointive officers or employees, when acting within the scope of their
employment or appointment. 4) This insurance shall not be canceled, limited or
non -renewed until after thirty (30) days written notice has been given to the City of
San Rafael.
9.3: A duly executed certificate of Insurance shall be submitted on the City
of San Rafael form, a copy of which is attached as Exhibit "C".
9.4: A properly executed endorsement for the additional coverages and
conditions required by this section, must be signed by the insurance companies
named, and provided to the City promptly upon issuance.
Section 10. Indenendent Contractor.
It is understood and agreed that the Federation, in it performance of the
duties and obligations agreed to be performed by Federation under this agreement,
shall act as and be an independent contractor and not an agent or employee of the
City; as an independent contractor, Federation and its employees and agents shall
obtain no rights to retirement or other benefits which accrue to City employees, and
Federation expressly waives any claims it, its employees, or agents may have to any
such benefits.
Section 11. Assi(znability : No Third Partv Beneficiaries,
Federation shall not assign or transfer any interest in this agreement, nor the
performance of any of its duties and obligations under this agreement, without the
prior written consent of the City, and any attempt by Federation to so assign this
agreement, or any rights, duties, or obligations arising hereunder, shall be void and
of no effect.
Neither party may assign or transfer its rights to enforce any part of this
agreement. The obligation of the City and the obligations of the Federation stated in
this agreement are not intended to, and do not, create any rights in any other person
or entity which such person or entity would not otherwise have in the absence of
this agreement.
Section 12. Compliance With All Laws: Non-discrimination.
Federation shall comply with all applicable laws, ordinances, codes, and
regulations of the State, Federal and local governments. Federation shall not
discriminate, in any way, against any person, on the basis of age, sex, race, color,
creed, or national origin in connection with or related to the performance of this
agreement.
Section 13. Authoritv.
Federation represents that it has approved the signing of this agreement and
authorized the person named below to sign same on its behalf. Each party
represents that is has duly approved the signing of this Agreement and has duly
authorized the person named below to sign the same on its behalf in accordance
with applicable law. Each such named person personally warrants that he/she has
such approval and authority.
Section 14. Waiver.
Federation agrees that waiver by City of any breach or violation of any term or
condition of this agreement shall not be deemed to be a waiver of any other term or
condition contained herein or a waiver of any subsequent breach or violation of the
same or any other term or condition. The acceptance by City of the performance of
any duty or obligation by Federation shall not be deemed to be a waiver of any term
or condition of this agreement.
Section 15. Notices.
All notices and other communications required or permitted to be given
under this agreement shall be in writing and shall be personally served or mailed,
postage prepaid addressed to the responsive parties as follows:
To City: City of San Rafael Attn: Recreation Director
P. O. Box 151560
San Rafael, California 94915-1560
To Federation: Marin Bocce Federation
P. O. Box 150392
San Rafael, California 94915-0392
Notice shall be deemed effective on the date personally delivered or, if mailed, upon
deposit in the mail.
Section 16. Whole Aereement.
This agreement, including all Exhibits attached hereto, represents the entire
understanding of the parties as to those matters contained herein. No prior oral or
written representation or understanding shall be of any force "or" effect with respect
to those matters covered hereunder. The agreement may only be modified by a
written amendment executed by the parties to this agreement.
Section 17. Attornev's Fees.
In the event litigation is initiated to enforce or interpret this agreement, the
prevailing party shall be entitled to recover its attorney fees and costs, including
witness and expert fees.
CitWef�j Marin Bo ce Federation
By --- c^I By:
/. BRenato Nogara a
ayor President
Attest:
Je ne M. Leoncini
City Clerk Al -1) /1 n
Appov d o rm Approve As To Content:
CSa�y T. Ra 1` anti Sharon McNamee
City Attorney Recreation Director
Attached: Exhibit "A" Bocce Ball Complex Diagram, "B" Site Maintenance
Standards, "C" Certificate Of Insurance Form
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EXHIBIT B
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 a minimum of 3 times per year and seasonal pre -emergent
spraying 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, at a minimum once per year, and more often as needed.
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. MBF is also
responsible for repairs due to MBF negligent maintenance, abuse, misuse or other
neglect. 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
"Complex" (ie: graffiti, or marring of the courts) as per the agreement terms.
GA►' I I U I I %---
GENERAL LIABILITY SPIAL ENDORSEMENT SUBMIT IN DI—LICATE
FOR
ENDORSEMENTNO. j1!1SUEDATE(MW0a-fY)
(the "Entity")
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) coo)
LOSS ADJUSTMENT EXPENSE ❑ Included n Umas
❑ In Addition to Lutes
Telephone I ❑ Deductible ❑ SON -insured Retention (chock which) of S
NAMED INSURED with an Aggregate of $ applies to
I coverage. ❑ Per Occurrence ❑ Per Claim (which)
APPLICABILITY. This insurance pertains to the operations, products andor tenancy of the
named insured under all written agreements and permits in forte with the Entity unless checked here
❑ in which rase only the following specrfic agreements and permits with the Entity are covered:
ENTITY AGREEMENTSIPERMfTS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY �Claans Made Retroactive Dale
❑ Ocourrence
COMPREHENSIVE GENERAL LIABILITY
OWNERS 5 CONTRACTORS PROTECTIVE
COVERAGES LIABILITY LIMITS IN THOUSANDS
EACH OCCURRENCE I AGGREGATE
_
GENERAL
_ PRODUCTS'COMPLETED OPERATIONS
_ PERSONAL d ADVERTISING INJURY
FIRE DAMAGE
OTHER PROVISIONS
CLAIMS: Underwriter s representafrve for claim pursuant to this insurance.
Name:
Address:
Telephone: f
In consideration of the premium cnargad and norvrthstanding any inconsistent statement in no policy to which this endorsement is attached or any andorsornent now, or hereafter acacned
thereto, it is agreed as follows:
1. INSURED. The Entry, its elected or appointed officers, agents, volunteers and employees are included as insureds wan ragard to lebety and defense of suns ansmg from fie operations,
products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED.As respects: (a) work performed by the Nam ad Insured for or an behalf of the Entry; or (b) products sold by the Named Insured to the Entity; or
(c) premises leased by the Named Insured from the Entry, Me insurance afforded by this policy shall be primary insurance as resoects Pte Entity. its awcrad of appointed officers, of6pars
employees or volunteers: or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying pnmary coverage. In aither avant, any other insurance
maintained by the Entity, its elected or appointed officers, offc:als, employees or volunteers shall be in excess of this insurance and shall not contribute Mtn IL
3. SEVERABILITY OF INTEREST This insurance and es separataty, to each insured against whom claim is made or sun is brought except with respect to the company's limits of fiability
The inclusion of any person or organization as an insured scall not affect any right which such person or organization would have as a claimant if not so included.
4 CANCELLATION NOTICE. Win respectio the inforestsot rho Entity, nisinsuranca shall notbe cancelled. ormatortallyroducod,n covorageorlittrits excop:aftar -.1irry (30) days prior
written notice by recaipied deuvery has been given to the Entity
5. PROVISIONS REGARDING THE INSURED'S DUTIES.Any failure to comply win reporting provisions at the policy or breaches or violauonsof warranbes shall not affect coverage
provided to tine Entity, its elected or appointed officers, officials, employee s or volun leers.
6. SCOPE OF COVERAGE. This policy, it primary, affords coverage at least as broad as:
(1) Insurance Services Office Commercial General Liability Coverage, *DccurrancB form CG 0001; or
(2) If excess, affords coverage which is at least as broad as the primary insurance form CG 0001.
Except as stated above nothing herein shall be held to waive, altar or extend any of the limits conditions, agreements or exclusions of the policy to which tris endorsement is attached.
ENDORSEMENT HOLDER
ENTITY
R'cv ergo
CJPRMA Insurance Specifications Manual
AUTHORIZED
REPRESENTATIVE ❑ Broker/Agent ❑Underwriter M
I (printAype name), warrant that I have
authorrty to bind the above-mentioned insurance company end by my signature hereon
do so bind this company to this endorsement.
Signature
Telephone: (
(onginai signature required)
Date Signed