CITY OF SANTA ROSA CITY COUNCIL

Transcription

1 CITY OF SANTA ROSA CITY COUNCIL Agenda Item # 11.5 For Council Meeting of: April 30, 2013 TO: SUBJECT: STAFF PRESENTER: MAYOR AND CITY COUNCIL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ROSA S RECREATION & PARKS DEPARTMENT AND THE SANTA ROSA TENNIS CLUB KELLEY MAGNUSON, DEPUTY DIRECTOR, RECREATION RECREATION & PARKS DEPARTMENT AGENDA ACTION: RESOLUTION ISSUE(S) Should the Council, by resolution, approve a Memorandum of Understanding (MOU) between the City of Santa Rosa (City) and the Santa Rosa Tennis Club (SRTC), a nonprofit organization. COUNCIL GOALS AND STRATEGIES Goal 4: Maintain and Enhance our City s Cultural and Recreational Assets (facilities, program, parks, etc.). This MOU will allow the City and SRTC to enhance the maintenance of the Galvin Park tennis courts and surrounding park area as well as allow SRTC to continue fundraising efforts for tennis court equipment and improvements. BACKGROUND 1. SRTC, a non-profit organization and dedicated group of volunteers, was formed to promote tennis programs and support the tennis facility at Galvin Community Park. SRTC has 72 registered members who pay dues that are earmarked for tennis court improvements such as tennis nets, trash cans, and benches. The members also participate in regular court clean up days and organize fundraising events to assist with major court repairs. 2. As a result of the budget cuts over the past few years, the City has not been able to keep up with deferred maintenance or routine court maintenance and cleaning at the Galvin Park tennis facility. Eight of the twelve courts have become run down and a few courts are no longer playable due to large cracks. 3. SRTC volunteers organized two court cleaning projects for the twelve courts, one in the spring and one in the fall of They also organized a park a month

2 work day with Park Maintenance staff and Home Depot employees, which included minor painting, cleaning, and repairs near the tennis courts. 4. SRTC applied for and received a grant for $1,000 from the United States Tennis Association (USTA) and a grant for $1,000 from Norcal USTA for improvements to the Galvin tennis courts. As a result, Courts 9 and 10 were resurfaced and Court 9 was also redesigned into four quick start courts to accommodate the Quick Start Program for youth. 5. SRTC also applied for and received a grant for matching funds from Home Depot for the purchase of permanent benches and trash cans for the tennis facility. 6. SRTC continues to fund raise and seek grant money for the reconstruction of Courts 5 and 6, which are in disrepair due to the high water table that causes the courts to crack. SRTC was awarded a $12,000 grant from the USTA toward the reconstruction of Courts 5 and 6, additional funds to complete the project are in the FY 13/14 budget. 7. SRTC was recently selected by the USTA as the Northern California Community Tennis Association of the Year. ANALYSIS 1. This MOU between the City and SRTC supports Council Goal Number 4-to maintain and enhance recreational facilities, such as the Galvin Community Park tennis facility. The relationship between SRTC and the City supports our Council Goals, brings in funds to support the facilities and programs at Galvin Park, and provides an ongoing group of skilled volunteers to assist Recreation & Parks facilities. 2. With continued maintenance assistance and fundraising efforts by SRTC, the City will receive additional support for the upkeep of the tennis facility and additional funding for court improvement projects. RECOMMENDATION It is recommended by the Department of Recreation and Parks that Council, by resolution, approve this Memorandum of Understanding between the City of Santa Rosa and Santa Rosa Tennis Club to provide maintenance of the tennis courts at Galvin Park and to fundraise to assist with court improvements and authorizes the Director of Recreation and Parks the signing authority to enter into this MOU. Author: Kelley Magnuson, Deputy Direction, Recreation Attachment: Memorandum of Understanding

3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ROSA AND SANTA ROSA TENNIS CLUB This Memorandum of Understanding ( MOU ) is made as of this day of, 2013 by and between the City of Santa Rosa, a municipal corporation ( City ) and Santa Rosa Tennis Club, a California non-profit corporation ( SRTC ). RECITALS A. The City owns and operates twelve tennis courts at Galvin Park in the City of Santa Rosa. B. SRTC is a non-profit organization that works to improve City of Santa Rosa tennis facilities and creates tennis programs for the enjoyment of local players. C. SRTC would like to volunteer its services for the benefit of the City, in particular, to help support the care of the Galvin Park tennis courts by organizing court cleaning projects, coordinating fundraising events to help raise money for court supplies such as tennis nets, and by seeking donations from the community to help the City fund tennis court resurfacing projects and upgrades. Agreement NOW, THEREFORE, City and SRTC hereby agree as follows: 1. City Obligations. City agrees to: A. Include SRTC contact information on the City of Santa Rosa Recreation & Parks website. B. At no charge, provide permits to SRTC for the use of 8 courts at Galvin Park for (6) one day round robin tournaments. Additional special events will be considered based on a first-come, first-served basis, without priority usage by SRTC members. C. Provide supplies to SRTC for Galvin Park court cleaning projects. 2. SRTC Obligations. SRTC agrees to: A. Promote tennis activities on SRTC website. B. Link SRTC website to City website. C. Organize two tennis court cleaning events annually, one in the spring and one in the fall, at the Galvin Park courts by SRTC volunteers and coordinate the projects with City in advance. D. Assist with picking up litter and other light maintenance like spreading wood chips in the

4 planters around the tennis court area. E. Purchase and donate tennis nets to City. F. Coordinate court reservations for tournaments and league play through the City s Recreation and Parks Department. 3. Effective Date/Term of MOU. This MOU shall be effective on the date it is made above and shall expire on December 31, The MOU may be terminated by either party prior to the expiration date by giving ten (10) days written notice to the other party of its intent to terminate the MOU. 4. Insurance. SRTC shall maintain in full force and effect at all times during the term of this MOU insurance as required by this Section 4. A. Liability and Property Damage Insurance. Commercial General liability and property damage insurance, including contractual liability coverage, of no less than $1 million per occurrence on the account of bodily or personal injuries, including death, or on account of property damage, arising from, or caused, directly or indirectly, from the performance of this MOU. This insurance shall be a per occurrence policy. The City, its officers, agents, volunteers and employees shall be named as additional insureds by endorsement to the liability policy. For any claims related to this MOU, SRTC s insurance shall be primary and the policies shall contain by endorsement a cross liability clause. Any insurance or selfinsurance maintained by the City shall be in excess of the SRTC s insurance and shall not contribute with it. B. Workers' Compensation Insurance. Workers compensation insurance as required by the State of California, with Statutory Limits and Employer s Liability Insurance with limit of no less than $ 1 million per accident for bodily injury or disease. SRTC hereby grants to City a waiver of any right to subrogation which any insurer may acquire against the City by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not SRTC has received a waiver of subrogation endorsement from the insurer. C. Business Automobile Insurance. Business automobile liability insurance in the amount of no less than $1 million per accident for bodily injury and property damage. D. Verification of Coverage. SRTC shall furnish City with original certificates and endorsements effecting coverage required above. The certificates shall state that the insurance evidenced thereby may not be terminated without 30 days prior written notice thereof being received by City. Certificates and endorsements shall make reference to policy numbers. All certificates and endorsements are to be received and approved by the City before the City executes this MOU and must be in effect for the duration of this MOU.

5 City reserves the right to require complete copies of all required policies and endorsements. 5. Indemnification. Each party is an independent entity, responsible for its acts and the acts of its officers, agents, employees and volunteers. Consequently, each party agrees to indemnify, defend and hold harmless the other party, its officers, agents and employees from any and all loss, injury, liability, damages, claims, demands, suits, or judgments arising from the acts or omissions of its officers, agents, employees or volunteers in connection with the performance of this MOU. This Section 5 shall survive the termination or expiration of this MOU. 6. Notices. Except as otherwise provided in this MOU, any notice, submittal or communication required or permitted to be served on a party, shall be in writing and may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first-class postage, and addressed as indicated below, and depositing in the United States mail to: City Representative: Kelley Magnuson, Deputy Director Recreation and Parks Department 2060 W. College Avenue Santa Rosa, CA (707) SRTC Representative: Wayne Seden, President Santa Rosa Tennis Club (SRTC) 3248 Old Ranch Road Santa Rosa, CA (707) Miscellaneous. A. Entire Agreement. This MOU contains the entire agreement between the parties. Any and all verbal or written agreements made prior to the date of this MOU are superseded by this MOU and shall have no further effect. B. Modification. No modification or change to the terms of this MOU will be binding on a party unless in writing and signed by an authorized representative of that party. C. Compliance with Laws. SRTC shall perform all services described herein in compliance with all applicable federal, state and local laws, rules, regulations, and ordinances, including but not limited to, (i) the Americans with Disabilities Act of 1990 (42 U.S.C , et seq.) ( ADA ), and any regulations and guidelines issued pursuant to the ADA; (ii) Labor Code sections , which require prevailing wages (in accordance with DIR schedule at be paid to any employee performing

6 work covered by Labor Code sections 1720 et seq.; and (iii) Business and Professions Code sections 7000 et seq., Contractors State Licensing Law. D. SRTC Not Agent. Except as City may specify in writing, SRTC and SRTC s personnel shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. SRC and SRTC s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever. 8. Authority and Execution. Each person executing this MOU on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee that such partnership, corporation or trustee has the full right and authority to enter into this MOU and perform all of its obligations hereunder. Executed as of the day and year first above stated. SANTA ROSA TENNIS CLUB A California Non-profit Corporation Signatures of Authorized Persons: By: Print Name: Title: By: Print Name: Title: CITY OF SANTA ROSA a Municipal Corporation By: Print Name: Title: APPROVED AS TO FORM: Office of the City Attorney ATTEST: City Clerk