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HomeMy WebLinkAboutAGMT - MOU Seal Beach Pickleball Association (Memorandum of Understanding & Ext 1)CA March 16, 2023 Seal Beach Pickleball Association 1716 Harbor Way Seal Beach, CA 90740 Attn: Kris Vogt SUBJECT: CITY OF SEAL BEACH — SEAL BEACH PICKLEBALL ASSOCIATION MEMORANDUM OF UNDERSTANDING EXTENISON NO. 1 Dear Mr. Vogt: RECE117E MAY 02 2023 V OF SEAL BEACIg Pursuant to the Memorandum of Understanding (MOU), dated March 25, 2022, by and between the City of Seal Beach (City) and the Seal Beach Pickleball Association (SBPA), the City of Seal Beach is hereby notifying the Seal Beach Pickleball Association of its desire to exercise the first of three additional one (1) year term extension per Section 2 of Resolution 7271. The term of the agreement is now revised -to midnight of April 11th, 2024. All other terms and provisions of the agreement shall remain unaltered and in full force and effect. This includes Section 13 of the MOU requiring the SBPA to provide a written report annually identifying activities and accomplishments under the MOU and providing the City a copy of the organization's annual tax return. Should you have any questions, please do not hesitate to contact Tim Kelsey, Recreation Manager at (562) 431-2527 x1341 or tkelseV@sealbeachca.gov. Thank you for your continued partnership. Sincerely, r$A'ill R 'Ingra'm City Manager CC: Alexa Smittle, Director of Community Development Gloria D. Harper, City Clerk June 5, 2022 Jill R. Ingram City Manager City of Seal Beach 2118th Street Seat Beach, California 90740 RE: Seal Beach Pickleball Association Dear Jill: The controversy over my participation with the non-profit Seal Beach Pickleball Association ("SBPA") has been disappointing and misinformed. As you know, SBPA was formed by a group of volunteers who offered to help organize and promote the growing sport of Pickleball in the City. Although neither I, nor any other SBPA volunteer, would ever receive financial compensation from SBPA or the City, l took the advice of the City Attorney and completely abstained from the City Council's consideration of the MOU..I even left the room while the contract was being considered to avoid even the appearance that I influenced the decision. There will be no compensation from the City to SBPA, and the volunteers who promote the sport of Pickleball under the MOU will not be compensated. The MOU specifically requires SBPA to dedicate revenue it earns to improving the Center and the sport. Thus, the rumors that I would somehow profit off this MOU are false, and have been personally damaging tome. Itis unfortunate that my participation in a community-based effort to promote a sport I enjoy has become a distraction from the good work SBPA is already doing. To eliminate further controversy and false rumors, I have resigned from the Board of Directors of the Seal Beach Pickleball Association, effective immediately. SBPA will file amendments with the California Secretary of State as soon as possible. Sincerely, MV/ria a MEMORANDUM OF UNDERSTANDING between City of Seal Beach A Charter City 0 Seal Beach Pickleball Association A Non -Profit California Corporation April 11, 2022 This Memorandum of Understanding (MOU) sets the terms and understanding between the City of Seal Beach (City) and Seal Beach Pickleball Association (SBPA) for the coordination and promotion of Pickleball activities at the Seal Beach Tennis and Pickleball Center (SBTPC). BACKGROUND City owns SBTPC as a public facility. SBPA is a non-profit, public benefit corporation formed to promote the game of Pickleball in the City of Seal Beach, among other purposes. TERM The term of this MOU shall be for one (1) calendar year following the date it is executed by the latest -signing party. The City and SBPA may mutually agree to extend the term in writing, executed by duly -authorized representatives. Either party may terminate this MOU, with or without cause, by giving the other party thirty (30) days' written notice of such termination. PURPOSE The purpose of this MOU is to specify the terms under which the City will delegate certain functions and responsibilities to SBPA for the coordination and promotion of Pickleball activities at the SBTPC. RESPONSIBILITIES To fulfill the purpose of this MOU, the City and SBPA hereby agree as follows: CITY AGREES: 1. That SBPA is hereby designated as the primary non -City entity tc coordinate and promote Pickleball activities at the SBTPC. Notwithstanding this designation, the City shall retain the right to work with other organizations including, without limitation: a. Local elementary, middle, and high schools in any capacity; b. Business and community groups holding private Pickleball events where members of the public at large are not invited to participate; and c. State and national Pickleball organizations, where the public may be invited to participate in programmed Pickleball events at the SBTPC. 2. City shall continue to own, maintain, and manage normal operations of the SBTPC at City's expense. ' Page 2 of 6 3. City shall designate a staff contact to work with SBPA and participate in meetings with SBPA at least quarterly. 4. City shall establish all facility and use rules for SBTPC. 5. City shall work with SBPA to establish hours for member and open play and such other use rules as may be necessary to coordinate and promote Pickleball activities. 6. City shall consider posting informational updates related to Pickleball activities to the City's SBTPC website, based on content supplied by SBPA, although such postings shall be at the sole discretion of the City. 7. City shall make space available for SBPA to display non-commercial marketing materials such as membership or tournament information, as well as merchandise for sale (shirts, hats, or similar SBPA-branded items) at SBTPC in a location designated by City. 8. City shall allow third -party commercial advertising displays related to SBPA events during the day or days of the event, in locations approved by the City. Displays must be temporary in nature, such as banners, feather flags, or similar. Advertising displays shall be "family -friendly" in nature, and the City reserves all rights to require advertising to be removed if deemed inappropriate. SBPA shall be responsible for removal of any commercial advertising displays at the conclusion of an event. 9. City shall consider SBPA requests for support, on site building or court maintenance, or similar expenditures of funds related to the SBTPC, but shall not be required to approve any such requests. City shall not compensate SBPA or be responsible for any expense incurred by SBPA in performance of its obligations under this MOU, unless City's authorized representative expressly agrees to incur such expense in advance. 10. City shall use the revenue it earns from SBPA activities related to events, including food and beverage sales, event registration fees, or similar revenues under this MOU for the betterment of the SBTPC. 11. City shall use the revenue it earns from the sale of merchandise in the Professional Shop to offset the cost of staff time and processing costs at the City's discretion. 12. City shall provide the additional staff City deems necessary for SBPA events that are expected to draw the participation of 100 or more people, provided SBPA notifies City at least thirty (30) days in advance of any such advance and provides such operational detail as the City requires. Page 3 of 6 SBPA AGREES: 1. To accept the designation as the primary non -City entity to coordinate and promote Pickleball activities at the SBTPC. Notwithstanding this designation, the City shall retain the right to work with other organizations including, without limitation: a. Local elementary, middle, and high schools in any capacity; b. Business and community groups holding private Pickleball events where members of the public at large are not invited to participate; and c. State and national Pickleball organizations, where the public may be invited to participate in programmed Pickleball events at the SBTPC. 2. To manage court reservations during hours designated (with City approval) to promote and coordinate Pickleball activities such as League play, tournaments, skills clinics, and other events, and to manage activities at SBTPC recognizing that it is.a public facility. 3. To designate a member to work with the City and participate in meetings with the City at least quarterly. 4. To not exclude non-members of SBPA from open play or open events. 5. To promote the sport of Pickleball in Seal Beach through events, social media and other communications, and such other activities as SBPA deems appropriate. SBPA shall not promote events at SBTPC that have not been previously scheduled with City. 6. SBPA shall not charge fees for normal use of SBTPC, unless approved in advance by City. 7. SBPA may charge fees for SBPA-organized tournaments and organized event participation. 8. SBPA shall provide not less than thirty (30) days' notice to City of all scheduled organized events. For events expected to draw the participation of 100 or more people, SBPA shall provide to City with its notification a written event plan that includes the details requested by City staff including, without limitation, expected attendance and available volunteer staffing. City shall have the sole discretion to approve or deny such events, based on the event plan. 9. SBPA shall pay City's cost of assigning additional staffing to events expected to draw the participation of 100 or more people. Staffing requirements shall be at the sole discretion of the City. 10. SBPA shall pay to the City all fees for use of courts and other facilities such as the club house or activity room for SBPA events. 11. SBPA may offer food and beverage, including licensed alcoholic beverages, for sale during events if a part of the approved event plan. SBPA shall Page 4of6 obtain at its expense all necessary permits for food or alcohol sales or any other proposed use, as required by applicable law. SBPA shall provide proof of all applicable permits to City prior to the event. 12. SBPA shall train its volunteers in the rules of SBPTC, Pickleball, and effective management techniques, and shall ensure that all volunteers, players, and spectators follow such rules and applicable laws. 13. SBPA shall report to City in writing, at least annually, on SBPA's activities and accomplishments under this MOU and provide to City a copy of SBPA's annual tax return timely filed with the State of California. 14. SBPA shall indemnify and defend the City, its officers, agents and employees, for any cost or damage arising out of the negligent acts or omissions or intentional misconduct of SBPA, its employees, agents, or volunteers. 15. SBPA shall maintain in full force and effect throughout the term of this MOU a policy of commercial general insurance acceptable to the City's Risk Manager with a policy limit of at least $1,000,000 per occurrence that names the City, its officers, agents, employees, and volunteers, as additional named insured. SBPA shall obtain such insurance policy from a carrier admitted to do business in the State of California with a current AM Best rating of ANN or better. 16. SBPA shall pay to the City, not less than quarterly, ten percent (10%) of the net proceeds of SBPA's merchandise sales, food and beverage sales, and event revenue from its activities at the SBTPC. 17. SBPA shall maintain its status as a non-profit public benefit corporation in full effect throughout the term of this MOU, and shall use the revenue it generates pursuant to this MOU to promote the sport of Pickleball in Seal Beach. 18. To use reasonable efforts to raise funds for the improvement of Pickleball in Seal Beach and for the improvement of SBTPC in coordination with City staff. GENERALTERMS This MOU is the complete integrated agreement between the parties as to the program specified herein and may be modified only in writing by mutual consent of authorized officials from the City and Reads. City and SBPA are separate legal entities and shall not be considered employees or agents of the other. SBPA volunteers shall be considered City volunteers while on City property and shall comply with all City policies and rules for volunteers and for SBTPC. The designated representatives of each party shall meet at least quarterly. Page 5 of 6 Each party represents that the individual(s) signing below are duly -authorized to bind that party. Contact Information City of Seal Beach Jill R. Ingram, City Manager 211 Eighth Street Seal Beach, CA 90740 Seal Beach Pickleball Association Michael Varipapa, President <::��Q f (,' S�N Y�A k1l Date: Ji R. I gram, City Manager APPRO D T FORM: aig Steele, City Attorney Seal Beach Pickleball Association Michael VaribaKa, President Todd Okamura, Director, Operations Page 6 of 6 Date: 31-2 9AQ22 Date: ? 2 Z ACORN® CERTIFICATE OF LIABILITY INSURANCE i*� 104/25/2022 DATE(MMroDfYYY1� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Belay Insurance Services 562 370-4235 FAX No): (949)534-0535 E-MAIL SS: hector beta insurancea enc .com 3001 Red Hill Avenue Bldg 5 Suite 201 INSURERS AFFORDING COVERAGE I NAIC s Costa Mesa, CA 92626 INSURER A: I INSURED INSURER B: I INSURER C: Seal Beach Pickleball Association INSURER D: 3900 Lampson Ave INSURER E: Seal Beach, CA 90740 INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE "°So SWVQ UER POLICY NUMBER POLICY EFF POLICY EXP LIMITS X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S1,000,000 DA AGE TO R CLAIMS -MADE OCCUR PREM SES Ea ocwrrence $ MED EXP (Any one person) S PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000,000 POLICY ❑ PRO- ❑ JECT [PRODUCTSLOC - COMP/OP AGG S S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY S UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAB CLAIMS -MADE DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ,/'/N STER ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NN / A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT $ If yes, des" be under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) r City of Seal Beach 211 8th Street Seal Beach CA 90740 '-1AN' r_LL1A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 19I38-ZU15 AGUKLJ GUKFUKA I IUN. An rignEs reservea. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by HAH on April 25, 2022 at 03:32PM