Loading...
HomeMy WebLinkAboutC-8144-2 - MOU with Youth Sports Commission Member Organizations for Continued MembershipN MEMORANDUM OF UNDERSTANDING WITH YOUTH SPORTS COMMISSION MEMBER ORGANIZATION V SLAMMERS FUTBOL CLUB FOR CONTINUED MEMBERSHIP THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into as of this 1ST day of July, 2021 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SLAMMERS FUTBOL CLUB, a California non-profit corporation ("Organization" or "Member Organization"), whose address is 2618 San Miguel, #120, Newport Beach, California 92660. This MOU is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Organization desires membership with the City's Youth Sports Commission ("YSC") and to use the City's sports fields and athletic facilities at times and dates specified in the most recent version of the City's "Field Allocation Schedule," which is updated by the Recreation & Senior Services Department and distributed on a biannual basis in the Fall and Spring, respectively. C. City and Organization desire to enter this MOU to set forth the responsibilities of each party regarding such use. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this MOU shall commence on the Effective Date and shall terminate on June 30, 2026, unless terminated earlier by the Organization by providing thirty (30) days written notice to the City, or if by the City by providing seven (7) days written notice, with or without cause, to the Organization. 2. DUTIES OF CITY The City's duties under this MOU are: 2.1 City shall permit the use of the City's sports fields and athletic facilities at times and dates allocated in the most recent version of the City's Field Allocation Schedule. 2.2 City shall provide a basic level of maintenance at each of the City's sports fields and athletic facilities as identified in the Youth Sports Commission Member Requirements & Field Allocation and Use Policy ("Use Policy") as adopted by the Parks, Beaches & Recreation Commission on April 1, 2003 YSCMO — SLAMMERS FUTBOL CLUB Page 1 and most recently amended August 4, 2015 and attached hereto as Exhibit A, and incorporated herein by reference. City may amend the Use Policy from time to time and such amended Use Policy shall apply hereto without need to amend this MOU. City maintenance includes, but is not limited to: mowing, irrigation, fertilization, aeration, restroom maintenance, and trash removal. 3. DUTIES OF ORGANIZATION The Organization's duties under this MOU are: 3.1 Organization shall abide by, and acknowledges receipt of, the current version of the Use Policy. 3.2 Cooperate with City requests. 3.3 Mandated Reporter. Organization acknowledges receipt of California Penal Code sections 11164-11174.3 and Mandated Reporting of Child Abuse/Neglect at the time of execution of this MOU. Organization accepts and assumes full responsibility for role as a "Mandated Reporter", as defined by the California Penal Code. Organization agrees to train all of its staff, prior to working with children, of their role and responsibility as a mandated reporter, as determined by law. 4. INSURANCE Without limiting Organization's indemnification of City, and prior to use of City's sports fields or athletic facilities, Organization shall obtain, provide and maintain at its own expense during the term of this MOU or for other periods as specified in this MOU, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 5. HOLD HARMLESS To the fullest extent permitted by law, Organization shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the sports fields, athletic facilities, and other property not owned by City upon which Organization uses such sports fields, athletic facilities, and other property as contemplated herein (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this MOU, Organization's presence or activities conducted on sports fields and/or athletic facilities (including, but not limited to, the negligent and/or willful acts, errors and/or omissions of Organization, its principals, officers, agents, players, employees, vendors volunteers, suppliers, YSCMO — SLAMMERS FUTBOL CLUB Page 2 consultants, contractors, anyone employed directly or indirectly by or associated in any way with any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Organization to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this MOU. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Organization. 6. NOTICES All notices, demands, requests or approvals to be given under the terms of this MOU shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Organization to City shall be addressed to City at: Attn: Recreation Supervisor Recreation and Senior Services Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3154 Fax: 949-644-3155 E-mail: recreation(a)-na) All notices, demands, requests or approvals from City to Organization shall be addressed to Organization at: Attention: Michael Robinson Slammers Futbol Club 2618 San Miguel #120 Newport Beach, CA 92660 Phone: 714-273-5771 Email: slammersfcinformationCaD-gmail.com 7. STANDARD PROVISIONS 7.1 Recitals. City and Organization acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 7.2 Compliance with all Laws. Organization shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. YSCMO — SLAMMERS FUTBOL CLUB Page 3 7.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 7.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 7.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this MOU and any attachments attached hereto, the terms of this Agreement shall govern. 7.6 Interpretation. The terms of this MOU 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 the MOU or any other rule of construction which might otherwise apply. 7.7 Amendments. This MOU may be modified or amended only by a written document executed by both Organization and City and approved as to form by the City Attorney. 7.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. 7.9 Controlling Law and Venue. The laws of the State of California shall govern this MOU and all matters relating to it and any action brought relating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 7.10 Equal Opportunity Employment. Organization represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 7.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 7.12 Counterparts. This MOU may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] YSCMO — SLAMMERS FUTBOL CLUB Page 4 IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3� ` By: Z.-_-�4 7';",, A on C. H �►��13�Iz► ity Attorney ATTEST: Date: TA XA1 y9k By: Leilani Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation and charter city Date: S ' I • 25z�ZI I ;tor ORGANIZATION: Slammers Futbol Club, a California non-profit corporation Date: Signed in Counterpart By: Michael Robinson President Date: Signed in Counterpart By: Martha Harper Secretary [END OF SIGNATURES] Attachments: Exhibit A — Youth Sports Commission Member Requirements & Field Allocation and Use Policy Exhibit B — Insurance Requirements YSCMO — SLAMMERS FUTBOL CLUB Page 5 IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A California municipal corporation and charter city Date: 3 Date: :_ By: on C r the+l;'I'� Z Laura Detweiler qty Atto Recreation & Senior Services Director ATTEST: ORGANIZATION: Slammers Futbol Club, a California non-profit corporation Date: Date: By: By: Leilani Brown ichael Robinson City Clerk President Date: By:' L lill1w Martha Harper Secretary [END OF SIGNATURES] Attachments: Exhibit A — Youth Sports Commission Member Requirements & Field Allocation and Use Policy Exhibit B — Insurance Requirements YSCMO — SLAMMERS FUTBOL CLUB Page 5 EXHIBIT A YOUTH SPORTS COMMISSION MEMBER REQUIREMENTS FIELD ALLOCATION AND USE POLICY YSCMO — SLAMMERS FUTBOL CLUB Page A-1 EXHIBIT B INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Organization's indemnification of City, and prior to use of City's sports fields or athletic facilities, Organization shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Organization agrees to provide insurance in accordance with requirements set forth here. If Organization uses existing coverage to comply and that coverage does not meet these requirements, Organization agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Organization shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Organization shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Organization shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, include participants and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Sexual Abuse/Molestation. Sexual abuse/molestation coverage shall be included under Commercial General Liability or obtained in a separate policy with a limit no less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate. YSCMO — SLAMMERS FUTBOL CLUB Page B-1 D. Automobile Liability Insurance. Organization shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Organization arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the sports fields, athletic facilities, and other property not owned by City upon which Organization uses such sports fields, athletic facilities, and other property as contemplated by Agreement or shall specifically allow Organization or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Organization hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the sports fields, athletic facilities, and other property not owned by City upon which Organization uses such sports fields, athletic facilities, and other property as contemplated by Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: YSCMO — SLAMMERS FUTBOL CLUB Page B-2 A. Evidence of Insurance. Organization shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Organization shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. CitV's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Organization sixty (60) calendar days advance written notice of such change. C. Enforcement of Agreement Provisions. Organization acknowledges and agrees that any actual or alleged failure on the part of City to inform Organization of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Organization or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this MOU, or to suspend Organization's right to proceed until YSCMO — SLAMMERS FUTBOL CLUB Page B-3 proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Organization or reimbursed by Organization upon demand. G. Timely Notice of Claims. Organization shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Organization's performance under this MOU, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Organization's Insurance. Organization shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection. YSCMO — SLAMMERS FUTBOL CLUB Page B-4 Chong, Matthew From: Stinson, Mariah Sent: Tuesday, May 18, 2021 8:03 AM To: Chong, Matthew; Huson, Cody Subject: FW: Compliance Alert -Vendor Number FV00000433 Slarnmers Futbol Club's insurance was approved. MARIAN STINSON I Administrative Assistant Recreation & Senior Services Department City of Newport Beach City Hall - 100 Civic Center Drive, Bay E, Newport Beach, CA 92660 1949-644-3158 11 : mstinson@newportbeachca.gov visit us: www.newportbeachca.gov/recreation -----Original Message ----- From: Customer Service <customerservice@ebix.com> Sent: Thursday, May 13, 20216:02 PM To: Stinson, Mariah <MStinson@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov> Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number FV00000433 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000433 Slammers Futbol Club Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.