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HomeMy WebLinkAboutItem 4.02 - 1242 Sports Field Use Policy Update Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: December 20, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Sports Field Use Policy Update Prepared by: Andrew Freeman, Business Services Manager EXECUTIVE SUMMARY: The City Council will review and consider the adoption of the Sports Field Use Policy update and Memorandums of Understanding with Dublin Little League and Dublin United Soccer League as recommended by the Parks and Community Services Commission. STAFF RECOMMENDATION: Adopt the Sports Field Use Policy update and the Memorandums of Understanding with Dublin Little League and Dublin United Soccer League. FINANCIAL IMPACT: Financial impact will be minimal to negligible. Changes will be trac ked for the initial cycle to review service and operational impacts. DESCRIPTION: On April 19, 2016, Staff presented an informational item to the City Council regarding the City’s Sports Field Use Policy and updates that Staff would like to make to align the Policy with the needs of today’s use. In particular, Staff recommended that the City change/simplify the number of user groups, increase the reservation lead time, and change the notification period for cancellations. The City Council agreed with th e Staff recommendations and directed Staff to meet and work with local user groups on the changes before bringing proposed revisions to the Parks and Community Services Commission and the City Council. Subsequent to that meeting, Staff held various meetin gs and discussions with user groups to receive input on the changes. The input, along with Staff’s recommended actions, was presented to the Parks and Community Services Commission on November 14, 2016. Page 2 of 5 Following is a summary of the proposed changes to the Policy: Changes to User Group Classifications To simplify access to City sport fields, Staff is recommending changes to user group requirements. These changes will clarify reservation access and enhance user convenience during the registration process. The table below represents the current and proposed user groups and field access requirements. Current User Group Classifications Proposed User Group Classifications Group 1 - Public Agencies-Agencies serving the City of Dublin including Alameda County, Dublin-San Ramon Services District, Dublin Unified School District. Group 2 - Dublin Sports League Organizations-Organized sports league groups: Youth Sport League Organization at least 75% Dublin Residents. Adult Sports League Organization at least 51% Dublin Residents. Group 3 - Dublin Chamber of Commerce, Dublin Charitable and Social Welfare Organization-Organized non-profit groups with current 501(c) 3 or 501 (c) 4 IRS status, whose membership is open to the public and whose primary purpose is to serve the Dublin community. The organization’s membership must be at least 51% Dublin residents. An organizational file must be completed on an annual basis to receive the priority and fees of this classification. Regional and National non-profit groups that do not meet the 51% resident membership requirement may submit a letter addressed to the Parks & Community Services Department that demonstrates the direct community benefit of the facility use. Such letter will require the approval of the City Manager or their designee. Group 4 - Individuals of Other Groups- Groups who do not meet the criteria listed above and/or activities such as games or practices, etc. a) Resident (individuals must reside or own property within Dublin Public Agencies-Agencies serving the City of Dublin including Alameda County, Dublin-San Ramon Services District, Dublin Unified School District etc. Dublin Sports League Organizations - Organized sports league groups: Youth Sport League Organization at least 75% Dublin Residents. Resident - Individuals residing or owning property within the Dublin City limits. Non-Profit Organizations - Organized nonprofit groups with current 501 (c) 3 or 501 (c) 4 status. A submitted and approved “Non-Profit Organization Verification Form” must be on file. Non-Resident - Individuals not residing within the Dublin City limits. Businesses use of field space/property with no related fee or charges including goods or services. Commercial - Businesses holding an event regardless of charging a fee and/or sale of goods or services. Individuals or Organizations whose events include a fee and/or the sales of goods or services. Page 3 of 5 City Limits; Groups must have membership made up of at least 51% Dublin residents; current roster must be submitted with application) b) Non- Resident. Group 5 - Commercial Uses-Companies, groups or individuals whose practices, clinics, camps or games have an admission fee or include the sales of goods or services, including those contracted by any field lessees, regardless of classification; a) Resident (organization or individual must be located within the Dublin City Limits and have current City of Dublin Business License. If there is no company facility, person responsible for event must reside or own property within the Dublin City Limits). b) Non-Resident. User Group Reservation Priority Applying the proposed group categories and requirements is expected to streamline the rental review process without creating additional risk to the City or diminish field demand. The time-savings generated by this change will allow users more planning and implementation event time. The opportunity for more planning and implementation event time is represented in the table below. Current Priority User Group Reservation Proposed Priority User Group Reservation Group 1 and 2 - Reservations accepted up to six months in advance of requested dates of use. For use from March 1-July 15, Dublin Little League will have priority use of the baseball fields at Dublin Sports Grounds, Emerald Glen Park and Fallon Sports Park. For use from July 16- December 15, Dublin United Soccer League will have priority for use of the soccer field at Dublin Sports Grounds, Emerald Glen Park and Fallon Sports Park. Group 3 and Group 4 (Resident) - Reservations accepted four months in advance of requested dates of use. Group 4 (Non-Resident) and Group 5 - Reservations accepted two months in advance of requested dates of use. Dublin Sports League Organizations- Youth Sports 75% Residents - Reservations accepted in advance of all other user groups. Resident - Reservations accepted up to twelve (12) months in advance of requested dates of use. Non-Profit Organizations - Reservations accepted up to eleven (11) months in advance of requested dates of use. Non-Resident - Reservations accepted ten (10) months in advance of requested dates of use. Commercial - Reservations accepted up to nine (9) months in advance of requested dates of use. Page 4 of 5 Under the proposed user group all users will gain at least four additional months to reserve field space. Staff also is recommending changes to the policy prohibit field users from subletting time to other groups, and the removal of casual use. Casual use, like all other fiel d use, requires insurance coverage. Applying this requirement, this type of users will need to submit a field application under one of the six available user categories to access fields. The Sports Field Use Application and Sports Fields Use Procedures will be updated by Staff to match market conditions and manage field use related to insurance requirements, rental information, cancellations and payment schedules to maintain operational effectiveness. This flexibility will support the City’s competiti veness to maintain field access and keep fields usable. Policy and fee changes will require City Council review and approval. Staff will continue to use the current approved rates to charge users for field time until rate changes have been approved by C ity Council. The issue of cancellations communicated in the April 19, 2016 Staff Report is addressed in the proposed Memorandums of Understanding (MOUs) with Dublin Little League and Dublin United Soccer League shared in the next section. These two groups have a profound impact on field availability. By changing the reservation cancellation requirement with these two groups to 90 days , additional capacity is expected to be gained to support field access for other users . Changes to the Policy and the introduction of the MOUs were part of the November 14, 2016 Parks and Community Services Commission meeting. The Parks and Communit y Services Commission agreed with Staff’s proposed changes and the addition of the MOUs and is recommending them to the City Council. Memorandums of Understanding: Dublin Little League and Dublin United Soccer League In FY 2015-2016, sports field usage exceeded 16,100 hours. Over 85 percent of this field usage was generated by two users promoting youth sports. Currently, bo th user groups are accessing City fields under Group 2 Dublin Sports League Organizations (Youth) category. To sustain this level of youth access to City fields, Staff is recommending that the City enter into a Memorandums of Understanding (MOUs) with Dublin Little League and Dublin United Soccer League. With an approved MOU, the City and each Dublin Sports League Organizations will have an agreement on scheduled reservation periods, field maintenance expectations, concession stand practices, insurance requirements, tournament allowance per year, and safety for minors. The scheduled reservation periods in the MOUs will open more opportunities for other user groups to schedule field use. This opportunity is the result of requiring these specific groups to reserve space earlier and more accurately. Furthermore, adjustments to field reservations, including cancellations, have been set at 90 days, in order to free up field inventory than previously required. The increased reservation and cancellation lead time creates Page 5 of 5 additional capacity for City fields to be booked by emerging youth groups and other users. These two groups will continue to be subject to adopted City field rates, rules, regulations and other pertinent City policies governing field use. The MOUs will help establish the baseline of collaboration in supporting youth services at City fields. Establishing future MOUs with additional youth sport organizations will be measured by youth participation, sustained service demand, meeting field u sage requirements, on- time payment history, local based operations (e.g., oversight of business and management within City limits) and other field service impacts such as concessions and maintenance. Both youth groups have agreed to the MOU terms. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report has been provided to Dublin Little League and Dublin United Soccer Leagues. ATTACHMENTS: 1. Sports Field Use Policy - Redlined 2. Sports Field Use Policy - Updated 3. Dublin Little League MOU 4. Dublin United Soccer League MOU City of Dublin Sports Fields Use Policy The City of Dublin Sports Field Use Policy has several sports fields available for use by the community on a permit basis. The Sports Field Use Policy establishes the policies rules, regulations, procedures and fees governing use of City sports fields. Fields available for rental are at the following park locations*. Dublin Sports Grounds, located on Dublin Boulevard at Civic Plaza, includes: •FiveSix Baseball Fields (one lighted 90’, four 60’ and one lighted 50’/70’ four 60’ diamonds) •Six soccer/lacrosse fields (two lighted) •Two lighted softball fields Emerald Glen Park, located on Tassajara Road between Central Parkway and Gleason Drive, includes: •Four soccer fields •Three baseball fields (one 80’ and two 60’ diamonds) •One cricket field Fallon Sports Park, located on Lockhart Street between Central Parkway and Gleason Drive, includes: •Two 60’ baseball fields •Two lighted softball fields •Two lighted synthetic turf soccer/lacrosse fields Ted Fairfield Park, located at North Dublin Ranch Drive and Antone Way, includes: •One 60’ baseball field •One soccer field Practice Fields The following park locations have large grass areas that can be used as practice fields on evenings Monday through Thursday. The City reserves the right to amend the list of practice fiel ds as necessary: Kolb Park Passatempo Park Positano Hills Park Schaefer Ranch Park Definition of Use Organized Use – meeting any of the following conditions: (A) league games, practices, tournaments, clinics, instruction, special events; or other uses where a fee is charged for participation, (B) a rental application with more than three dates of use requested, (C) a rental application with more than one field requested. Casual Use – meeting the following conditions: three dates or less requested and only one field requested. Classification of Users Group 1. Public Agencies- (Agencies serving the City of Dublin including Alameda County, Dublin-San Ramon Services District, Dublin Unified School District, etc.) Group 2. Dublin Sports League Organizations- (Organized sports league groups with current IRS non-profit status, whose membership is open to the public. The organization’s membership must be as listed below: a)Youth Sports League Organizations – at least 75% Dublin residents. b)Adult Sports League Organizations – at least 51% Dublin residents. Group 3. Dublin Chamber of Commerce, Dublin Charitable and Social Welfare OrganizationsResident- individuals residing or owning property within the Dublin City limits. (Organized non-profit groups with current 501(c)(3) or 501(c)(4) IRS status, whose membership is open to the public and whose primary purpose is to serve the Dublin community. The organization’s membership must be at least 51% Dublin residents. An organizational file must be completed on an annual basis to receive the priority and fees of this classification. Regional and National non-profit groups that do not meet the 51% resident membership requirement may submit a letter addressed to the Parks & Community Services Department that demonstrates the direct community benefit of the facility use. Such letters will require the approval of the City Manager or their designee.) Group 4. Individuals or Other GroupsNon-Profit Organizations- Organized nonprofit groups with current 501(c) 3 or 501(c) 4 status. The submission and approval of a “Non-Profit Organization Verification Form” must be on file with the City.(Groups who do not meet the criteria listed above and/or activities such as games or practices, etc.) a)Resident (Individuals must reside or own property within Dublin City Limits; Groups must have membership made up of at least 51% Dublin residents; current roster must be submitted with application) b)Non-Resident Non-Resident-Individuals not residing within the Dublin City limits. Group 5. Commercial- UsesBusinesses holding an event regardless of charging a fee and/or sale of goods or services. Individual or Organizations whose events include a fee and/or sale of goods or services. (Companies, groups or individuals whose practices, clinics, camps or games have an admission fee or include the sales of goods or services, including those contracted by any field lessees, regardless of classification) a) Resident (Organization or individual must be located within the Dublin City Limits and have current City of Dublin Business License. If there is no company facility, person responsible for event must reside or own property within the Dublin City Limits) b)Non-Resident Priority of User Groups Dublin Sports League Organization-Youth 75% Residents-Reservations accepted in advance of all other groups. Resident-Reservations accepted up to twelve (12) months in advance of requested use. Non-Profit Organizations-Reservations accepted up to eleven (11) months in advance of requested use. Non-Resident-Reservations accepted up to ten (10) months in advance of requested use. Commercial-Reservations accepted up to nine (9) months in advance of requested use. The City reserves the right to reschedule use to accommodate Dublin Sports League Organizations requiring specified use fields (cricket, 90’ baseball, synthetic turf). Group 1 and Group 2 - Reservations accepted up to six months in advance of requested dates of use. For use from March 1-July 15, Dublin Little League will have priority for use of the baseball fields at Dublin Sports Grounds, Emerald Glen Park and Fallon Sports Park. For use from July 16-December 15, Dublin United Soccer League will have priority for use of the soccer fields at Dublin Sports Grounds, Emerald Glen Park and Fallon Sports Park. Group 3 and Group 4 (Resident) - Reservations accepted four months in advance of requested dates of use. Group 4 (Non-Resident) and Group 5 - Reservations accepted two months in advance of requested dates of use. ADOPTED MARCH 6, 2012 SPORTS FIELD USE POLICY Page 1 of 5 City of Dublin Sports Fields Use Policy – Updated 2016 The City of Dublin Sports Field Use Policy establishes the policies governing use of City sport fields. Fields available for rental are at the following park locations*. Dublin Sports Grounds, located on Dublin Boulevard at Civic Plaza, includes: •Six Baseball Fields (one lighted 90’, four 60’ and one lighted 50’/70’ diamonds) •Six soccer/lacrosse fields (two lighted) •Two lighted softball fields Emerald Glen Park, located on Tassajara Road between Central Parkway and Gleason Drive, includes: •Four soccer fields •Three baseball fields (one 80’ and two 60’ diamonds) •One cricket field Fallon Sports Park, located on Lockhart Street between Central Parkway and Gleason Drive, includes: •Two 60’ baseball fields •Two lighted softball fields •Two lighted synthetic turf soccer/lacrosse fields Ted Fairfield Park, located at North Dublin Ranch Drive and Antone Way, includes: •One 60’ baseball field •One soccer field Practice Fields The following park locations have large grass areas that can be used as practice fields on evenings Monday through Thursday. The City reserves the right to amend the list of practice fiel ds as necessary: Kolb Park Passatempo Park Positano Hills Park Schaefer Ranch Park Definition of Use Organized Use – meeting any of the following conditions: (A) league games, practices, tournaments, clinics, instruction, special events; or other uses where a fee is charged for participation, (B) a rental application with more than three dates of use requested, (C) a rental application with more than one field requested. Classification of Users Public Agencies- Agencies serving the City of Dublin including Alameda County, Dublin-San Ramon Services District, Dublin Unified School District, etc. Dublin Sports League Organizations- Organized sports league groups with current IRS non-profit status, whose membership is open to the public. The organization’s membership must be as listed below: o Youth Sports League Organizations – at least 75% Dublin residents. Resident- individuals residing or owning property within the Dublin City limits. Non-Profit Organizations- Organized nonprofit groups with current 501(c) 3 or 501(c) 4 status. The submission and approval of a “Non-Profit Organization Verification Form” must be on file with the City. Non-Resident-Individuals not residing within the Dublin City limits. Commercial- Businesses holding an event regardless of charging a fee and/or sale of goods or services. Individual or Organizations whose events include a fee and/or sale of goods or services. Priority of User Groups Dublin Sports League Organization-Youth 75% Residents-Reservations accepted in advance of all other groups. Resident-Reservations accepted up to twelve (12) months in advance of requested use. Non-Profit Organizations-Reservations accepted up to eleven (11) months in advance of requested use. Non-Resident-Reservations accepted up to ten (10) months in advance of requested use. Commercial-Reservations accepted up to nine (9) months in advance of requested use. MEMORANDUM OF UNDERSTANDING (Dublin Little League) This Memorandum of Understanding ( "MOU ") dated December , 2016 is entered into by and between the City of Dublin (the "City ") and the Dublin Little League, a California nonprofit corporation ("DLL "). The City and DLL are each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, the Parties wish to collaborate to promote healthy recreational activities for youth in the City of Dublin; and WHEREAS, during the 2015 -16 fiscal year, usage of city sports fields exceed 16,100 hours, with over eighty -five percent (85 %) by Dublin sports leagues; and WHEREAS, to facilitate such activities, City wishes to continue to permit DLL use to certain City fields and facilities. WHEREAS, the Parties now wish to enter into a memorandum of understanding to bring clarity to their joint commitment and to set out in general terms the various roles each Party will play and procedures to be followed; and NOW THEREFORE, the Parties hereby agree as follows: Section 1. Purpose of this MOU. This MOU is intended to detail field reservation periods, field maintenance expectations, concession stand practices, insurance requirements, timeliness to pay fees for approved use, tournament allowance per year, and safety for minors. Section 2. Good Faith Efforts to Negotiate. The Parties shall bargain in good faith on any and all issues prior to electing to terminate this MOU as set forth in Section 7. Section 3. Terms. The negotiations hereunder shall be based on the following general principles and responsibilities: A. Use of City facilities, fields or park property DLL will have exclusive access to the city facilities and fields from March 1 - July 15 per season subject to the conditions of this MOU and the City's adopted Sports Fields Use Policy (the "Field Use Policy") available at h! WIY/ www. dublin .ca.gov/359/Sports-Fields- Courts 2. DLL will have exclusive use of certain City facilities and fields (the "City Facilities and Fields "), listed in the attached Exhibit A, but only after securing a permit for purposes of scheduling the city facilities. 3. CITY has the right to schedule the City Facilities and Fields on dates not secured by DLL. 4. DLL shall not to sublet City Facilities and Fields without obtaining prior written permission from the CITY. 5. DLL shall not use any City Facilities and Fields for any use other than those prescribed in the Field Use Policy, unless obtaining the prior written consent of CITY. 6. Subject to City approval DLL may place a storage container at City Facilities and Fields for the purpose of storing of field maintenance equipment. The City at its discretion may charge a fee for the use of this space. These containers need to be properly maintained and remain graffiti free. 7. Subject to City Approval DLL may rent park concession stands at City Facilities and Fields so long as a DLL representative has Servsafe Food Safety Manager Training and Certification on file with the City at the time of the booking request and their agency meets all Health Department requirements, as set forth in the Sports Field Use Policy. 8. Onsite event vendors of any kind need to be approved in advance of any rental and all proper paperwork need to be on file with the City 30 days prior to the rental date, as set forth in the Sports Field Use Policy. 9. DLL at its sole cost and expense, keep and maintain the batting cages at Emerald Glen and Fallon location in the same condition as received, except for ordinary wear and tear, while in use by DLL. 10. Any use of permanent or semi - permanent banner /flags /sponsorship signs may be put up each morning and must be taken down each day throughout the approved permitted use of City facilities and fields. 11. Neither vendors nor teams are allowed to sell items without prior approval and proper paperwork on file with the City 30 days prior to the actual event date, as set forth in the. Sports Field Use Policy. 12. Additional fees may apply for changes outside of the original approved use permit and are separate and apart from any agreed upon rental fee for use of any one of the City Facilities and Fields. 13. DLL shall conform to all of the City's rules, policies and regulations for the use of City Facilities and Fields. 14. DLL shall not hire employees or volunteers who will have supervisory or disciplinary authority over minors who have been convicted of any offense identified in California Public Resources Code Section 5164. DLL shall fully indemnify, defend and hold harmless City from all claims, demands, causes of action, or liabilities resulting from any such hiring. DLL shall notify City immediately in writing of any violation of this provision upon discovery. 15. DLL will provide information to its employees and volunteers who have contact with children or provide food concessionaire services or other licensed concessionaire services in that area of the risk of TB exposure in children and encourage said employees and volunteers to comply with TB testing requirements set forth in Section 5163 of the California Public Resources Code. 16. If DLL is or becomes aware of any employee or volunteer with a positive TB skin test reading, a physician's medical clearance must be obtained prior to services being provided as specified above. 17. DLL shall follow the procedures specified in Exhibit B entitled, "Employee /Volunteer Clearance Verification and Compliance with the Child Abuse and Neglect Reporting Act" attached hereto. B. Dental Fees 1. DLL will pay a 10% of rental fees at the time of booking (contract issued) and the balance due 60 days (two full months prior to the booking month). For example: All rental fees associated with bookings from March 1 -March 30 must be paid in full by January 1 st. City Facilities and Fields must be released 90 days in advance for a full refund. Changes (cancellations is considered a change) of any type with 90 days of the booking forfeits all fees and in some cases will create a balance due. Overbookings are discouraged. Staff will compare requests with last year's rental schedule. Additional fields being held will need to be explained. 2. Picnic area adjacent to field(s) that may be impacted during a rental must be reserved by DLL, in advance, as a part of the original reservation. 3. Rental fees can only be changed upon mutual written agreement by DLL and CITY. C. Scheduling 1. The Parties agree that early scheduling is beneficial to the City and all involved parties. DLL will have the opportunity to submit rental needs by November 1 each year for the following year. (March 1 to December 15 with the DLL priority being March 1 - July 15). 2. DLL may schedule up to four baseball tournaments per year. Tournaments consist of multiple field use (at least two (2) fields)) plus more than 4 hours of use. Tournament events cannot exceed three (3) days. Tournaments in excess of the conditions described must receive approval from the Director of Parks and Community Services and may be subject to additional fees. 3. City will require DLL to pay janitorial/ attendant costs when 50% or more of the park fields have games or practices at one specific time for more than four (4) hours on any given day and /or when 75 people or more will be on site. Upon approval of such an event(s) the City will invoice DLL of the required fees for usage. 4. DLL will supply CITY with field and /or facility usage schedules as a part of the permitting or reservation process by November 1 each year for the following year. 5. City Facilities and Field usage requests may be approved or denied at the CITY's discretion. D. Condition and Maintenance of Property 1. CITY agrees to maintain the City Facilities and Fields based on available annual funding approved by City Council for park maintenance standards, which presently includes, but not limited to: mowing once per week, general maintenance, and annual prepping of City Facilities and Fields. Park maintenance standards will be adjusted as needed by the City to match the subsidy approved by City Council. 2. CITY agrees to assist DLL, whenever possible, with any unique, one -time, or specialized maintenance as needed. 3. DLL will be responsible for all game day and seasonal field preparation and will follow all of the rules and regulations set forth by CITY for performing maintenance on City Facilities and Fields by any outside agency staff or volunteer. 4. CITY will allow DLL the right to store required materials and tools aim specifiC, assigned areas or containers for the purposes of field or facility maintenance deemed appropriate to perform such activities. 5. DLL stores equipment and materials at their own risk. 6. DLL will provide parking attendants to reduce traffic issues during high impact park usage and /or tournaments. High impact is defined as the use of multiple fields (i.e., at least two fields) and /or participation of 75 people at the site. Section 4. Indemnification. DLL shall defend, indemnify and hold harmless City, its officers, agents and employees ("City Indemnitees") from and against any and all claims, demands, causes of action, or liabilities incurred by City Indemnitees arising, in whole or in part, directly or indirectly, from DLL's acts or omissions under the Agreement or any act or omission of DLL's officers, agents, employees, contractors, or persons entering City property under this Agreement with the express or implied permission or invitation of DLL, except as may arise from the gross negligence or willful misconduct of City Indemnitees. In any action or claim against CITY in which DLL is defending CITY, CITY shall have the right to approve legal counsel providing CITY's defense and such approval shall not be unreasonably withheld. DLL further agrees to release CITY from any and all claims for any damages, including property damage, injury or death occurring or arising out of use of Parties' use of the property, except as may be caused by the CITY's gross negligence or willful misconduct. Section 5. Counterparts. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one instrument. Section 6. Insurance. DLL shall, at its sole cost and expense, and for the full term of this Agreement, obtain, maintain and provide CITY with proof of at least all of the minimum insurance requirements as described in this MOU, Exhibit C, prior to commencing any operations or occupying any space under this Agreement. Section 7. L. The provisions of this MOU shall continue from the effective date of this MOU unless terminated by either party by providing six (6) months' written notice of its intent to discontinue the terms of the MOU as set forth in this document. I£ DLL provides written notice of its intent to terminate, it shall vacate any and all City Facilities and Fields on or before the date of termination. Upon termination, DLL shall return keys (if any) to the CITY, remove all property owned by DLL from City property and return all facilities in as good condition as when received. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding, effective as of the date first written above. CITY OF DUBLIN By: James M. Rodems, Director of Parks and Community Services Date: DUBLIN LITTLE LEAGUE By: t� K vin Pe y, B rd President Date: 0- 114.1001 2721517.1 Game and Practice Facilities and Fields 1. Dublin Sports Grounds, located at 6700 Dublin Boulevard 2. Emerald Glen Park, located at 4201 Central Parkway 3. Fallon Sports Park, located at 4605 Lockhart Street 4. Ted Fairfield Park, located at 3400 Antone Way Practice Facilities and Fields Only 1. Kolb Park, located at 8020 Bristol Road 2. Passatempo Park, located at 3200 Palermo Way 3. Positano Hills Park, located at 2301 Valentano Drive 4. Schaefer Ranch Park, located at 9595 Dublin Boulevard .. FW 9W • • 10 • , — • • w •• If DLL provides services involving minors, and as a CITY - approved method of complying with the provisions contained in this MOU, DLL shall conduct a criminal background check through the database of the California Department of Justice and an FBI criminal database or equivalent national database as approved in writing by DLL's liability insurance provider, on each of its employees and volunteers who have supervisory or disciplinary authority over minors. DLL shall also comply with the provisions of the Child Abuse and Neglect Reporting Act, California Penal Code SECTION 11164 et. seq. Additionally, DLL certifies the following. 1. Any and all personnel employed or retained by DLL in conducting the operations of DLL's program shall be qualified to perform the duties assigned to them by DLL. DLL agrees that DLL shall not at any time allow its employees or volunteers to be in any position with supervisory or disciplinary authority over minors, if they have been convicted of any offense identified in California Public Resources Code SECTION 5164. CITY and DLL understand that results of background checks on minors may be confidential under state law. Therefore, all employees or volunteers must be at least 18 years of age if they are to be in a position having supervisory or disciplinary authority over any minor. If DLL intends to have employees or volunteers under the age of 18 providing services under this MOU, DLL shall maintain and make available to CITY, if requested, guidelines, procedures or policies that safeguard and ensure that no employees of volunteers under the age of 18 will be providing services under this MOU that are unsupervised and further DLL shall ensure that none of its employees or volunteers under 18 years of age have any supervisory or disciplinary authority over any minor, as such term is used in California Public Resources Code SECTION 5164. 2. DLL shall be responsible for ensuring that no person who has supervisory or disciplinary authority over minors, who is paid or unpaid by DLL, shall be permitted to provide services unless appropriate background checks, have been performed prior to the beginning of services under this MOU, and the person meets the standards set forth above. If requested by CITY, and to the extent allowed by law, DLL shall promptly provide documentation listing each person that has provided or is providing services hereunder involving supervision or disciplinary authority over minors, and certifying that DLL has conducted the proper background check on such person or persons, and each of the named persons is legally permitted to perform the services described in this MOU. Regardless of whether such documentation is requested or delivered by DLL, DLL shall be solely responsible for compliance with the provisions of this SECTION. 3. DLL understands that if services are rendered on a school site, there may be additional requirements that may apply including without limitation, requirements under the California Education Code. DLL, acknowledges that it is DLL's sole responsibility to comply with all applicable laws, regulations and licensing requirements in DLL's provision of services hereunder. I, DLL by signing below verify that I have read and agree to the above: '41111,1,ilAil 19 -7-tO i afore/ itle Date EXHIBIT C INSURANCE REQUIREMENTS Before beginning any work under this Agreement, DLL, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the DLL and its agents, representatives, employees, and subcontractors. DLL shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City, DLL shall maintain the insurance policies required by this section throughout the term of this Agreement. DLL shall not allow any subcontractor to commence work on any subcontract until DLL has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and /or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under DLL's policy shall be "primary and non - contributory" and will not seek contribution from City's insurance or self - insurance and shall be at least as broad as CG 20 0104 12. In the event DLL fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by DLL. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to City of such cancellation, change, or lapse. I. Minimum Scope and Limit of Insurance There shall be no endorsements reducing the scope of coverage required below unless approved by the City's Risk Manager. 1. Commercial General and Automobile Liability Insurance DLL, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this MOU in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this MOU. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a limit is used, either the $1,000,000 per occurrence for bodily injury, personal injury and property damage or $2,000,000 annual aggregate. aggregate limit shall apply separately to the work to be performed under this MOU or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this MOU, including the use of owned and non -owned automobiles. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence from CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 �'any auto"). 2. Abuse and Molestation Coverage Not less than $100,000 each Including coverages for any loss sustained or cost of occurrence defense of a claim of abuse and molestation arising from the negligent hiring, training, retention or supervision of any employees or volunteers. 3. Workers' Compensation and Employer Liability $$1,000,000 DLL, at its sole cost and expense maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any all persons employed directly or indirectly by DLL. The Statutory Workers' Compensation Insurance Employer's Liability Insurance shall be provided with limits not less than ONE MILLION DOLLARs ($1,000,000) per accident. In the alternative, DLL may rely on a self - insurance program to meet those requirements, but only if the program of self - insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or DLL, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this MOU. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. DLL shall notify City within 14 days of notification from DLL's insurer if such coverage is suspended, voided, or reduced in coverage or in limits. II. Other Insurance Requirements 1. Additional Requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insured with respect to each of the following: liability arising out of activities performed by or on behalf of DLL, including the insured's general supervision of DLL: products and completed operations of DLL, premises owned, occupied, or used by DLL, and automobiles owned, leased, or used by DLL. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self - insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of DLL to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. DLL shall notify City within 14 days of notification from DLL's insurer if such coverage is suspended, voided or reduced in coverage or in limits. f. All insurance required is to be placed with insurers having a Bests' rating of no less than ANII. g. Prior to beginning any work under this MOU, DLL shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. h. DLL agrees to include with all subcontractors in their subcontract the same requirements and provisions of this MOU including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontactors hired by DLL agree to be bound to DLL and the City in the same manner and to the same extent as DLL is bound to the City under the MOU documents. Subcontractor further agrees to include these same provisions with any Sub - subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. i. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available, or that the City's interest are otherwise fully protected. j. All self - insured retentions (SIR) and /or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies concerning any self - insured retention provision and /or deductible may be satisfied by either the named insured or the City. k. In the event that any coverage required by this section is reduced, limited or materially affected in any other manner, DLL shall provide written notice to City at DLL's earliest possible opportunity and in no case later than five days after DLL is notified of the change in coverage. 1. In addition to any other remedies City may have if DLL fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for DLL's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the MOU; ® Order DLL to stop work under this MOU or withhold any payment that becomes due to DLL hereunder, or both stop work and withhold any payment, until DLL demonstrates compliance with the requirements hereof; and /or ® Terminate this MOU. 2735458.1 MEMORANDUM OF UNDERSTANDING (Dublin United Soccer League) This Memorandum of Understanding ( "MOU ") dated , 2016 is entered into by and between the City of Dublin (the "City ") and the Dublin United Soccer League, a California nonprofit corporation ( "DUSL "). The City and DUSL are each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, the Parties wish to collaborate to promote healthy recreational activities for youth in the City of Dublin; and WHEREAS, during the 2015 -16 fiscal year, usage of city sports fields exceed 16,100 hours, with over eighty -five percent (85 %) by Dublin sports leagues; and WHEREAS, to facilitate such activities, City wishes to continue to permit DUSL use to certain City fields and facilities. WHEREAS, the Parties now wish to enter into a memorandum of understanding to bring clarity to their joint commitment and to set out in general terms the various roles each Party will play and procedures to be followed; and NOW THEREFORE, the Parties hereby agree as follows: Section 1. Purpose of this MOU. This MOU is intended to detail field reservation periods, field maintenance expectations, concession stand practices, insurance requirements, timeliness to pay fees for approved use, tournament allowance per year, and safety for minors. Section 2. Good Faith Efforts to Negotiate. The Parties shall bargain in good faith on any and all issues prior to electing to terminate this MOU as set forth in Section 7. Section 3. Terms. The negotiations hereunder shall be based on the following general principles and responsibilities: A. Use of City facilities, fields or park property 1. DUSL will have exclusive access to the city facilities and fields from March 1 - July 15 per season subject to the conditions of this MOU and the City's adopted Sports Fields Use Policy (the "Field Use Policy ") available at http: / /www.dublin.ca.gov /359 /Sports- Fields- Courts 2. DUSL will have exclusive use of certain City facilities and fields (the "City Facilities and Fields "), listed in the attached Exhibit A, but only after securing a permit for purposes of scheduling the city facilities. CITY has the right to schedule the City Facilities and Fields on dates not secured by DUSL. 4. DUSL shall not to sublet City Facilities and Fields without obtaining prior written permission from the CITY. 5. DUSL shall not use any City Facilities and Fields for any use other than those prescribed in the Field Use Policy, unless obtaining the prior written consent of CITY. 6. Subject to City approval DUSL may place a storage container at City Facilities and Fields for the purpose of storing of field maintenance equipment. The City and DUSL on annual bases shall assess the use of the storage space. These containers need to be properly maintained and remain graffiti free. 7. Subject to City Approval DUSL may rent park concession stands at City Facilities and Fields so long as a DUSL representative has Servsafe Food Safety Manager Training and Certification on file with the City at the time of the booking request and their agency meets all Health Department requirements, as set forth in the Sports Field Use Policy. Onsite event vendors of any kind need to be approved in advance of any rental and all proper paperwork need to be on file with the City 30 days prior to the rental date, as set forth in the Sports Field Use Policy. 9. Subject to City Approval DUSL may place goal posts on City fields. The City and DUSL on annual bases shall assess the placement of goal posts. DUSL is responsible for the proper storage of goal posts and the replacement of nets. 10. Any use of permanent or semi - permanent banner /flags /sponsorship signs may be put up each morning and must be taken down each day throughout the approved permitted use of City facilities and fields. 11. Neither vendors nor teams are allowed to sell items without prior approval and proper paperwork on file with the City 30 days prior to the actual event date, as set forth in the Sports Field Use Policy. 12. Additional fees may apply for changes outside of the original approved use permit and are separate and apart from any agreed upon rental fee for use of any one of the City Facilities and Fields. 13. DUSL shall conform to all of the City's rules, policies and regulations for the use of City Facilities and Fields. 14. DUSL shall not hire employees or volunteers who will have supervisory or disciplinary authority over minors who have been convicted of any offense identified in California Public Resources Code Section 5164. DUSL shall fully indemnify, defend and hold harmless City from all claims, demands, causes of action, or liabilities resulting from any such hiring. DUSL shall notify City immediately in writing of any violation of this provision upon discovery. 2 15. DUSL will provide information to its employees and volunteers who have contact with children or provide food concessionaire services or other licensed concessionaire services in that area of risk of TB exposure in children and encourage said employees and volunteers to comply with TB testing requirements set forth in Section 5163 of the California Public Resources Code. 16. If DUSL is or becomes aware of any employee or volunteer with a positive TB skin test reading, a physician's medical clearance must be obtained prior to services being provided as specified above. 17. DUSL, shall follow the procedures specified in Exhibit B entitled, "Employee /Volunteer Clearance Verification and Compliance with the Child Abuse and Neglect Reporting Act" attached hereto. B. Rental Fees 1. DUSL will pay a 10% of rental fees at the time of booking (contract issued) and the balance due 60 days (two full months prior to the booking month). For example: All rental fees associated with bookings from March 1 -March 30 must be paid in full by January 1 st. City Facilities and Fields must be released 90 days in advance for a full refund. Changes (cancellations is considered a change) of any type with 90 days of the booking forfeits all fees and in some cases will create a balance due. Overbookings are discouraged. Staff will compare requests with last year's rental schedule. Additional fields being held will need to be explained. 2. Picnic area adjacent to field(s) that may be impacted during a rental must be reserved by DUSL, in advance, as a part of the original reservation. Rental fees can only be changed upon mutual written agreement by DUSL and CITY. C. Scheduling 1. The Parties agree that early scheduling is beneficial to the City and all involved parties. DUSL will have the opportunity to submit rental needs by November 1 each year for the following year (with DUSL priority being July 16th- December 15th). 2. DUSL may schedule up to four soccer tournaments per year. Tournaments consist of multiple field use (at least two (2) fields)) plus more than 4 hours of use. Tournament events cannot exceed three (3) days. Tournaments in excess of the conditions described must receive approval from the Director of Parks and Community Services and may be subject to additional fees. 3. City will require DUSL to pay janitorial /attendant costs when 50% or more of the park fields have games or practices at one specific time for more than four (4) hours on any given day and /or when 75 people or more will be on site. Upon approval of such an event(s) the City will invoice DUSL of the required fees for usage. 4. DUSL will supply CITY with field and /or facility usage schedules as a part of the permitting or reservation process by November 1 each year for the following year. 5. City Facilities and Field usage requests may be approved or denied at the CITY's discretion. D. Condition and Maintenance of Property 1. CITY agrees to maintain the City Facilities and Fields based on available annual funding approved by City Council for park maintenance standards, which presently includes, but not limited to: mowing once per week, general maintenance, and annual prepping of City Facilities and Fields. Park maintenance standards will be adjusted as needed by the City to match the subsidy approved by City Council. 2. CITY agrees to assist DUSL, whenever possible, with any unique, one -time, or specialized maintenance as needed. 3. DUSL will be responsible for all game day and seasonal field preparation and will follow all of the rules and regulations set forth by CITY for performing maintenance on City Facilities and Fields by any outside agency staff or volunteer. 4. CITY will allow DUSL the right to store required materials and tools in specific, assigned areas or containers for the purposes of field or facility maintenance deemed appropriate to perform such activities. 5. DUSL stores equipment and materials at their own risk. 6. DUSL will provide parking attendants to reduce traffic issues during high impact park usage and /or tournaments. High impact is defined as the use of multiple fields (i.e., at least two fields) and /or participation of 75 people at the site. Section 4. Indemnification. DUSL shall defend, indemnify and hold harmless City, its officers, agents and employees ("City Indemnitees") from and against any and all claims, demands, causes of action, or liabilities incurred by City Indemnitees arising, in whole or in part, directly or indirectly, from DUSL's acts or omissions under the Agreement or any act or omission of DUSL's officers, agents, employees, contractors, or persons entering City property under this Agreement with the express or implied permission or invitation of DUSL, except as may arise from the gross negligence or willful misconduct of City Indemnitees. In any action or claim against CITY in which DUSL is defending CITY, CITY shall have the right to approve legal counsel providing CITY's defense and such approval shall not be unreasonably withheld. DUSL further agrees to release CITY from any and all claims for any damages, including property damage, injury or death occurring or arising out of use of Parties' use of the property, except as may be caused by the CITY's gross negligence or willful misconduct. 4 Section 5. Counterparts. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one instrument. Section 6. Insurance. DUSL shall, at its sole cost and expense, and for the full term of this Agreement, obtain, maintain and provide CITY with proof of at least all of the minimum insurance requirements as described in this MOU, Exhibit C, prior to commencing any operations or occupying any space under this Agreement. Section 7. Term. The provisions of this MOU shall continue from the effective date of this MOU unless terminated by either party by providing six (6) months' written notice of its intent to discontinue the terms of the MOU as set forth in this document. If DUSL provides written notice of its intent to terminate, it shall vacate any and all City Facilities and Fields on or before the date of termination. Upon termination, DUST, shall return keys (if any) to the CITY, remove all property owned by DUSL from City property and return all facilities in as good condition as when received. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding, effective as of the date first written above. CITY OF DUBLIN By: James M. Rodems, Director of Parks and Community Services Da . UNITED SOCCER LEAGUE Date: 114.1001 2721517.1 EXHIBIT A CITY FACILITIES AND FIELDS Game and Practice Facilities and Fields 1. Dublin Sports Grounds, located at 6700 Dublin Boulevard 2. Emerald Glen Park, located at 4201 Central Parkway 3. Fallon Sports Park, located at 4605 Lockhart Street 4. Ted Fairfield Park, located at 3400 Antone Way Practice Facilities and Fields Only 1. Kolb Park, located at 8020 Bristol Road 2. Passatempo Park, located at 3200 Palermo Way 3. Positano Hills Park, located at 2301 Valentano Drive 4. Schaefer Ranch Park, located at 9595 Dublin Boulevard Ci EMPLOYEE /VOLUNTEER CLEARANCE VERIFICATION AND COMPLIANCE WITH THE CHILD ABUSE AND NEGLECT REPORTING ACT If DUSL provides services involving minors, and as a CITY- approved method of complying with the provisions contained in this MOU, DUSL shall conduct a criminal background check through the database of the California Department of Justice and an FBI criminal database or equivalent national database as approved in writing by DUSL's liability insurance provider, on each of its employees and volunteers who have supervisory or disciplinary authority over minors. DUSL shall also comply with the provisions of the Child Abuse and Neglect Reporting Act, California Penal Code SECTION 11164 et. seq. Additionally, DUSL certifies the following: 1. Any and all personnel employed or retained by DUSL in conducting the operations of DUSL's program shall be qualified to perform the duties assigned to them by DUSL. DUSL agrees that DUSL shall not at any time allow its employees or volunteers to be in any position with supervisory or disciplinary authority over minors, if they have been convicted of any offense identified in California Public Resources Code SECTION 5164. CITY and DUSL understand that results of background checks on minors may be confidential under state law. Therefore, all employees or volunteers must be at least 18 years of age if they are to be in a position having supervisory or disciplinary authority over any minor. If DUSL intends to have employees or volunteers under the age of 18 providing services under this MOU, DUSL shall maintain and make available to CITY, if requested, guidelines, procedures or policies that safeguard and ensure that no employees or volunteers under the age of 18 will be providing services under this MOU that are unsupervised and further DUSL shall ensure that none of its employees or volunteers under 18 years of age have any supervisory or disciplinary authority over any minor, as such term is used in California Public Resources Code SECTION 5164. 2. DUSL shall be responsible for ensuring that no person who has supervisory or disciplinary authority over minors, who is paid or unpaid by DUSL, shall be permitted to provide services unless appropriate background checks, have been performed prior to the beginning of services under this MOU, and the person meets the standards set forth above. If requested by CITY, and to the extent allowed by law, DUSL shall promptly provide documentation listing each person that has provided or is providing services hereunder involving supervision or disciplinary authority over minors, and certifying that DUSL has conducted the proper background check on such person or persons, and each of the named persons is legally permitted to perform the services described in this MOU. Regardless of whether such documentation is requested or delivered by DUSL, DUSL shall be solely responsible for compliance with the provisions of this SECTION. 3. DUSL understands that if services are rendered on a school site, there may be additional requirements that may apply including without limitation, requirements under the California 7 Education Code. DUSL, acknowledges that it is DUSL's sole responsibility to comply with all applicable laws, -regulations and licensing requirements in DUSL's provision of services hereunder. I, DUSL by signing below verify that I have read and agree to the above: Signature /Title Date EXHIBIT C INSURANCE REQUIREMENTS Before beginning any work under this Agreement, DUEL, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the DUSL and its agents, representatives, employees, and subcontractors. DUSL shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. DUSL shall maintain the insurance policies required by this section throughout the term of this Agreement. DUSL shall not allow any subcontractor to commence work on any subcontract until DUSL has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and /or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under DUSL's policy shall be "primary and non - contributory" and will not seek contribution from City's insurance or self - insurance and shall be at least as broad as CG 20 0104 12. In the event DUSL fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by DUSL. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to City of such cancellation, change, or lapse. I. Minimum Scope and Limit of Insurance There shall be no endorsements reducing the scope of coverage required below unless approved by the City's Risk Manager. Type of Insurance Minimum Limit 1. Commercial General and Automobile Liability $1,000,000 per Insurance occurrence for bodily injury, DUSL, at its own cost and expense, shall maintain personal injury and commercial general and automobile liability insurance for property damage or the term of this MOU in an amount not less than ONE $2,000,000 annual MILLION DOLLARS ($1,000,000) per occurrence, aggregate. combined single limit coverage for risks associated with the work contemplated by this MOU. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this MOU or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this MOU, including the use of owned and non -owned automobiles. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence from CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 ("any auto "). 2. Abuse and Molestation Coverage Not less than $100,000 each Including coverages for any loss sustained or cost of occurrence defense of a claim of abuse and molestation arising from the negligent hiring, training, retention or supervision of any employees or volunteers. 3. Workers' Compensation and Employer Liability $1,000,000 DUSL, at its sole cost and expense maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any all persons employed directly or indirectly by DUSL. The Statutory Workers' Compensation Insurance Employer's Liability Insurance shall be provided with limits not less than ONE MILLION DOLLARs ($1,000,000) per accident. In the alternative, DUSL may rely on a self - insurance program to meet those requirements, but only if the program of self - insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or DUSL, if a program of self - insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this MOU. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. DUSL shall notify City within 14 days of notification from DUSL's insurer if such coverage is suspended, voided, or reduced in coverage or in limits. 10 II. Other Insurance Requirements 1. Additional Requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insured with respect to each of the following: liability arising out of activities performed by or on behalf of DUSL, including the insured's general supervision of DUSL: products and completed operations of DUSL, premises owned, occupied, or used by DUSL, and automobiles owned, leased, or used by DUSL. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self - insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of DUSL to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. DUSL shall notify City within 14 days of notification from DUSL's insurer if such coverage is suspended, voided or reduced in coverage or in limits. £ All insurance required is to be placed with insurers having a Bests' rating of no less than ARIL g. Prior to beginning any work under this MOU, DUSL shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. h. DUSL agrees to include with all subcontractors in their subcontract the same requirements and provisions of this MOU including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontactors hired by DUSL agree to be bound to DUSL and the City in the same manner and to the same extent as DUSL is bound to the City under the MOU documents. Subcontractor further agrees to include these same 11 2722926.2 provisions with any Sub- subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. i. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available, or that the City's interest are otherwise fully protected. j. All self - insured retentions (SIR) and /or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies concerning any self- insured retention provision and /or deductible may be satisfied by either the named insured or the City. k. In the event that any coverage required by this section is reduced, limited or materially affected in any other manner, DUSL shall provide written notice to City at DUSL's earliest possible opportunity and in no case later than five days after DUSL is notified of the change in coverage. 1. In addition to any other remedies City may have if DUSL fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for DUSL's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the MOU; • Order DUSL to stop work under this MOU or withhold any payment that becomes due to DUSL hereunder, or both stop work and withhold any payment, until DUSL demonstrates compliance with the requirements hereof; and /or • Terminate this MOU. 12