HomeMy WebLinkAboutItem 4.4 - 2162 CYO MOU
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STAFF REPORT
CITY COUNCIL
DATE: September 18, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Memorandum of Understanding for St. Raymond CYO at Stager
Community Gymnasium
Prepared by: Lisa McPherson, Recreation Manager
EXECUTIVE SUMMARY:
The City Council will consider approving a Memorandum of Understanding (MOU)
between the City of Dublin and St. Raymond CYO for the use of Stager Community
Gymnasium.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Memorandum of Understanding between the City
of Dublin and St. Raymond CYO.
FINANCIAL IMPACT:
In Fiscal Year 2017-2018, St. Raymond CYO paid fees totaling $5,040 to rent Stager
Community Gymnasium during the months of August 20 17 through February 2018.
Staff estimates generating similar rental revenue this fiscal year.
DESCRIPTION:
Stager Community Gymnasium is a joint use facility between Dublin United School
District and the City of Dublin. The gymnasium is utilized for City programs and is rented
to sports organizations for various use.
St. Raymond CYO has rented the gymnasium to conduct their youth basketball
practices and games during their season (August through February). To sustain this
level of youth access to the Stager Community Gymnasium, Staff is recommending that
the City enter into a Memorandum of Understanding (MOU) with St. Raymond CYO.
With an approved MOU, the City and St. Raymond CYO will have an agreement on
scheduled gymnasium time, insurance requirem ents, and safety for minors. The City
has already established similar agreements with Dublin Little League and Dublin United
Soccer League to secure use at City facilities.
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St. Raymond CYO rents the gymnasium under the Group 2 Dublin Sports League
Organization category, with current fees at $40 per hour. In Group 2, St. Raymond CYO
can currently request gymnasium time six (6) months in advance of the requested dates
of use. The MOU will authorize St. Raymond CYO to submit a rental application for
requested gymnasium time, beginning January 2, for their next season (August through
February). This will assist in securing gymnasium time for their upcoming season, a
month before other Group 2’s applications are accepted.
Staff met with St. Raymond CYO Athletic Director, Sean Kullman to discuss hours and
days required to operate their youth basketball league from August through February.
The following schedule is outlined in the MOU:
August - (depending on when the school year begins) 16 hours per week (on
weeknights; maximum four nights) for practices.
September - 16 hours per week (on weeknights; maximum four nights) for
practices.
October - 16 hours per week (on weeknights; maximum four nights) for practices
and 5.5 hours per Sunday for games.
November - 12 hours per week for practices (on weeknights; maximum four
nights), 1 Saturday and 5.5 hours per Sunday for games.
December - 5 hours per week for practices (on weeknights; maximum four
nights) and 5.5 hours per Sunday for games.
January - 5.5 hours per Sunday for games.
February - 5.5 hours per Sunday for games.
St. Raymond CYO will continue to be subject to adopted City gymnasium rates, rules,
regulations and other pertinent City policies governing gymnasium use. The MOU will
help establish the baseline of collaboration in supporting youth services at Stager
Community Gymnasium.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was sent to St. Raymond CYO.
ATTACHMENTS:
1. Resolution Approving Memorandum of Understanding between the City of Dublin and
St. Raymond CYO
2. Exhibit A to the Resolution - Memorandum of Understanding
RESOLUTION NO. XX-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND
ST. RAYMOND CYO
WHEREAS, the City and Dublin Unified School District have an existing joint use agreement
regarding the use of Stager Community Gym which authorizes the City to rental it to community
organizations whose primary purpose is to service to youth or the improvement of the general welfare
of the community; and
WHEREAS, the City has been working with St. Raymond CYO, a long-time user of the Stager
Community Gym, to address its need to book use in advance of the currently allowed six-month
window; and
WHEREAS, St. Raymond CYO offers youth basketball practices and games to the Dublin
community; and
WHEREAS, to facilitate the continuation of sports activities, City wishes to formalize an
agreement for St. Raymond CYO’s continued use to Stager Community Gymnasium; and
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.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby
approves a Memorandum of Understanding between the City of Dublin and St. Raymond CYO
attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute this MOU, and to
take such other and further action, as necessary and appropriate to carry out the intention of this
Resolution on behalf of the City.
PASSED, APPROVED, AND ADOPTED this 18th day of September 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
________________________________
City Clerk
MEMORANDUM OF UNDERSTANDING
(St. Raymond CYO)
This Memorandum of Understanding (“MOU”) dated September 18, 2018 is entered
into by and between the City of Dublin (the “City”) and the St. Raymond CYO, a California
nonprofit corporation (“CYO”). The City and CYO are each individually referred to as a
“Party” and collectively referred to as the “Parties.”
RECITALS
WHEREAS, the June 7, 2011 Agreement between the CITY and Dublin Unified School
District Regarding Use of Facilities allows the CITY to provide use of the Stager Community
Gym to community organization whose primary purpose is to service to youth or the
improvement of the general welfare of the community; and
WHEREAS, the Parties wish to collaborate to promote healthy recreational activities for
youth in the City of Dublin; and
WHEREAS, CYO offers youth basketball practices and games to the Dublin community;
and
WHEREAS, the City has, through a series of agreements has allowed CYO use of the
Stager Community Gymnasium for many years; and
WHEREAS, to facilitate the continuation of sports activities, City wishes to formalize an
agreement for CYO’s continued use to Stager Community Gymnasium; and
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 use of Stager
Community Gymnasium by CYO, including reservation periods, fees for approved use,
insurance requirements, and safety for minors.
Section 2. Terms. The MOU shall be based on the following general principles and
responsibilities:
A. Use of Stager Community Gymnasium
1. CYO will have access to rent Stager Community Gymnasium during CYO season from
August to February subject to the conditions of this MOU and the City’s adopted Stager
Community Gymnasium Facility Use Policy in Exhibit A.
2. CYO will have use of Stager Community Gymnasium only after securing a use permit for
purposes of scheduling the gymnasium.
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3. CYO shall not sublet Stager Community Gymnasium without obtaining prior written
permission from the CITY.
4. CYO shall not use Stager Community Gymnasium for any use other than those prescribed
in the Stager Community Gymnasium Facility Use Policy, unless obtaining the prior
written consent from the CITY.
5. Additional fees (rentals changes or cancellation) 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 Stager Community Gymnasium.
6. CYO shall conform to all of the City’s rules, policies and regulations for the use of Stager
Community Gymnasium.
7. CYO 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. CYO fully indemnifies, defends and holds harmless
City from all claims, demands, causes of action, or liabilities resulting from any such hiring.
CYO shall notify City immediately in writing of any violation of this provision upon
discovery.
8. CYO will provide information to its employees and volunteers who have contact with
children 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.
9. If CYO 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.
10. CYO, shall follow the procedures specified in Exhibit B titled, “Employee/Volunteer
Clearance Verification and Compliance with the Child Abuse and Neglect Reporting Act”
attached hereto.
B. Rental Fees
1. CYO will pay the required deposit and rental fees associated for a Group 2 (Dublin
Sports League Organizations) user . Overbookings are discouraged. Staff will compare requests
with last year’s rental schedule.
2. Rental fees are established and adopted annually by the City Council as part of the
CITY’s Master Fee Schedule.
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C. Scheduling
1. The Parties agree that early scheduling is beneficial to the City and all involved
parties. CYO will have the opportunity to submit rental needs by January 2 each year for the
following basketball season.
2. CYO will supply CITY with usage schedules as a part of the permitting or
reservation process by January 2 each year for the following basketball season.
3. CITY shall offer CYO rental times from 6:00 PM to 10:00 PM for a maximum of
four weekdays during the months of August through October and 11:00 AM to 5:00 PM on
Sundays during the months of October through February. August rental dates will begin during
the first week of the Dublin Unified School District school year. During City programming of
the Junior Warriors Youth Basketball League (November through February) CYO will be
offered weekday rental times when space is available.
• August – (depending on when the school year begins) - 16 hours per week (on weeknights;
maximum four nights) for practices
• September - 16 hours per week (on weeknights; maximum four nights) for practices
• October – 16 hours per week (on weeknights; maximum four nights) for practices 5.5 hours
per Sunday for games
• November – 12 hours per week for practices (on weeknights; maximum four nights), 1
Saturday and 5.5 hours per Sunday for games
• December – 5 hours per week for practices (on weeknights; maximum four nights) and 5.5
hours per Sunday for games
• January – 5.5 hours per Sunday for games
• February – 5.5 hours per Sunday for games
4. Stager Community Gymnasium usage requests may be approved or denied at the
CITY’s discretion.
Section 4. Indemnification. CYO 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 CYO’s acts or omissions under the Agreement or any act or omission
of CYO’s officers, agents, employees, contractors, or persons entering City property under this
Agreement with the express or implied permission or invitation of CYO, except as may arise
from the gross negligence or willful misconduct of City Indemnitees. In any action or claim
against CITY in which CYO is defending CITY, CITY shall have the right to approve legal
counsel providing CITY’s defense and such approval shall not be unreasonably withheld. CYO
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.
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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. CYO 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 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 CYO provides
written notice of its intent to terminate, it shall vacate Stager Community Gymnasium on or
before the date of termination. Upon termination, CYO shall return keys (if any) to the CITY,
remove all property owned by CYO from City property and return all facilities in as good
condition as when received.
Section 8. Amendments. The parties may amend this MOU only in writing signed by
both parties. The City Manager is authorized to enter into any amendments to this MOU on
behalf of the CITY.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding,
effective as of the date first written above.
CITY OF DUBLIN
By:_____________________________
Christopher L. Foss, City Manager
Date:___________________
ST. RAYMOND CYO
By:_____________________________
Sean Kullman, St. Raymond CYO Athletic Director
Date:________________
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EXHIBIT A
STAGER COMMUNITY GYMNASIUM FACILITY USE POLICY
The Stager Community Gymnasium is located at 6901 York Drive at Valley High School. When
the Gym is not used for City or School District activities, it is available for rental by the
community. The Facility Use Policy establishes rules, regulations, procedures and fees for use of
the Gym, which is limited to sports practices and events typically held in gyms.
Classification of Users
Public Agencies serving the City of Dublin including Alameda County, Dublin-San Ramon
Services District, Dublin Unified School District, etc.
Dublin Youth Sports League - 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.
Resident - Individuals residing 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.
Groups applying under the Non-Profit Organization classification must have an “Organization Verification Form” on
file or submit one of the following: 1) Bylaws, and 2) Current I.R.S. Tax Exempt Letter. Groups claiming Dublin Sports
League Organization must provide a current membership roster. For Youth Sports League Organizations, 75% of
membership must reside in Dublin. Applications will not be accepted without these items.
Proof of residency required at the time of application (valid California Driver’s License/ID or current utility bill).
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.
How to Make a Reservation
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Please note that the City requires the applicant, not another party, to complete all transaction
and provide the insurance required for the rental.
1. To reserve the Stager Community Gymnasium, a Facility Use Application and $250 refundable security deposit must be submitted for approval. Approval takes three to five business days; notification of application status will be e‐ mailed. 2. Applications must be submitted in person at the Shannon Community Center, 11600 Shannon Drive. Applications are accepted between the hours of 8:00 A.M. and 5:00 P.M, Monday through Friday, holidays excepted. 3. In order to receive a resident rate, the applicant (i.e. the person responsible for the activity, payment of fees and provision of insurance) must live or own property within the Dublin’s City Limits. Verification of residence address will be required (valid California driver’s license or current utility bill). 4. Groups applying under the Group 2 or 3 classification must have an “Organization Verification Form” on file, or submit one with the following: 1) Bylaws, and 2) Current I.R.S. Tax Exemption Letter. Groups claiming Dublin residency must provide a current membership roster (75% of membership must reside in Dublin). Applications will not be accepted without these items. 5. Applications submitted less than five business days prior to the requested rental date
will not be accepted.
6. The City reserves the right to book additional events before or after an applicant’s
confirmed rental time.
Payment Schedule
1. At the time the application is submitted, a $250 refundable security deposit is required. 2. Final payment of rental fees must be made no later than 30 days prior to the scheduled rental date. If an application is submitted less than 30 days prior to the rental, then payment of rental fees must be made at the time of application. Payments not received by this deadline may result in cancellation of the rental and forfeiture of the deposit. 3. Security deposits will be returned by mail within 30 days of the function date providing there are no violations of the Facility Use Policy, the rental hours exceeded, excessive cleaning required, or damages to the facility. 4. Payments may be made by Visa, MasterCard, check, money order or cash. Make checks or money orders payable to City of Dublin.
Cancellations/Changes/Refunds
1. Cancellation requests must be made in writing by the applicant. Refunds will be handled as
follows:
a) If the request is received three months or more prior to the rental date the deposit will be refunded, less a $25.00
processing fee. Refunds will be mailed to the applicant within 30 days of receipt of the written cancellation request.
b) If the request is received between three months and 30 days prior to the rental the applicant will forfeit the deposit unless
another user rebooks the date. If the date is rebooked the deposit will be refunded less a $25.00 processing fee.
c) If the request is received less than 30 days prior to the rental date the applicant will forfeit the deposit and one‐half of the
fees paid (or payable). 2. Refunds and credits are not issued for unused hours. 3. Facility Use Permits may not be transferred, assigned or sublet. 4. Any changes in rental hours less than five working days prior to the rental date will be assessed a $25.00 fee per change. 5. Occasionally it may be necessary to reschedule, relocate or cancel a request previously
approved. In this event, the group or individual will be given as much advance notice as possible.
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General Rental Information
1. A responsible adult from the rental must supervise the premises for proper facility use
during all rental hours.Groups composed of minors must be supervised at all times by two
adults for each twenty minors. 2. SMOKING IS PROHIBITED within the interior of the Gymnasium and outside on the school property. 3. Parking is permitted in painted parking stalls only. Vehicles parked illegally will be cited. 4. Tables and chairs provided by the City may not be removed from the facility. 5. Storage is not available. 6. The use of decals, glitter, powders, wax, paint, etc. are prohibited in the gymnasium. 7. Only water may be brought into the gymnasium. Food and drink are not allowed. 8. Containers of ice may not be placed in the gymnasium. 9. The consumption, serving and/or selling of alcoholic beverages is not permitted. 10. P.A. Systems, microphones, TV/VCRs, stand‐up podiums and extension cords are not available. 11. The scoreboard is only available for use during official league games. 12. Hitting or kicking balls onto the walls or against the building is prohibited. 13. Tickets may not be sold at the door as an admission charge unless approved in advance. 14. Only athletic shoes may be worn on the court. Street shoes are not permitted. 15. The gymnasium has heating but no air conditioning. 16. The bleachers are electric and must not be pulled or moved by the user. A Gym Attendant will be responsible for setting up the bleachers. The bleachers are only available for league games or special events. Chairs will be provided when requested. 17. All exit doors must be operable and no part of any hallway, corridor, or exit may be used in a way that obstructs its use as an exit.
18. The capacity of the gymnasium is 1,428 and is posted in the building. Overcrowding is
forbidden and will result in cancellation of event and forfeiture of all fees paid. 19. School and City property must be protected from damage and undue wear. Users shall be responsible for the condition of the facility and equipment. The Gym Attendant will record the condition of the facility and equipment before and after each rental. The rental applicant shall pay for repairs to property or equipment damaged during a rental. 20. Requests for exception to the Facility Use Policy must be submitted in writing to the City Manager, or their designee, no later than one month prior to the date of use requested. Decoration and Signs
1. The use of tacks, tape, nails, staples or putty on any walls is prohibited. 2. All decorative materials must be either made of non‐combustible substances or treated with State Approved flame‐retardant. 3. Confetti or similar materials may not be thrown inside or outside the facility. 4. It is prohibited to paste, tack, glue or post any sign, placard, advertisement or inscription or erect any sign on the building.
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EXHIBIT B
EMPLOYEE/VOLUNTEER CLEARANCE VERIFICATION AND COMPLIANCE
WITH THE CHILD ABUSE AND NEGLECT REPORTING ACT
If CYO provides services involving minors, and as a CITY-approved method of complying with
the provisions contained in this MOU, CYO 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 CYO’s liability insurance provider, on each of its
employees and volunteers who have supervisory or disciplinary authority over minors.
CYO shall also comply with the provisions of the Child Abuse and Neglect Reporting Act,
California Penal Code SECTION 11164 et. seq. Additionally, CYO certifies the following:
1. Any and all personnel employed or retained by CYO in conducting the operations of CYO’s
program shall be qualified to perform the duties assigned to them by CYO. CYO agrees that
CYO 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 CYO 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 CYO intends to have employees or volunteers under the age of 18 providing services
under this MOU, CYO 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 CYO
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. CYO shall be responsible for ensuring that no person who has supervisory or disciplinary
authority over minors, who is paid or unpaid by CYO, 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, CYO 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 CYO 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 CYO, CYO shall be solely responsible for
compliance with the provisions of this SECTION.
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3. CYO 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. CYO, acknowledges that it is CYO’s sole responsibility to comply with all
applicable laws, regulations and licensing requirements in CYO’s provision of services
hereunder.
I, CYO by signing below verify that I have read and agree to the above:
_________________________________________ __________________
Signature/Title Date
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EXHIBIT C
INSURANCE REQUIREMENTS
Before beginning any work under this Agreement, CYO, 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
CYO and its agents, representatives, employees, and subcontractors. CYO 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. CYO shall maintain the insurance policies
required by this section throughout the term of this Agreement. CYO shall not allow any
subcontractor to commence work on any subcontract until CYO 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 CYO’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 01 04 12. In the event CYO 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 CYO. 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
Insurance
CYO, 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,
$1,000,000 per
occurrence for
bodily injury,
personal injury and
property damage or
$2,000,000 annual
aggregate.
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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
Including coverages for any loss sustained or cost of
defense of a claim of abuse and molestation arising from
the negligent hiring, training, retention or supervision of
any employees or volunteers.
Not less than
$100,000 each
occurrence
3. Workers’ Compensation and Employer Liability
CYO, 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 CYO. 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, CYO 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 CYO, 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.
$1,000,000
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CYO shall notify City within 14 days of notification from
CYO’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 and Dublin Unified
School District shall be covered as additional insured with respect to each of
the following: liability arising out of activities performed by or on behalf of
CYO, including the insured’s general supervision of CYO: products and
completed operations of CYO, premises owned, occupied, or used by CYO,
and automobiles owned, leased, or used by CYO. 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 CYO 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. CYO shall notify City within 14 days of
notification from CYO’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 A:VII.
g. Prior to beginning any work under this MOU, CYO 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
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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. CYO 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
Subcontractors hired by CYO agree to be bound to CYO and the City in the
same manner and to the same extent as CYO 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 commenc ement 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, CYO shall provide written notice to
City at CYO’s earliest possible opportunity and in no case later than five days
after CYO is notified of the change in coverage.
l. In addition to any other remedies City may have if CYO fails to provide or
maintain any insurance policies or policy endorsements to the ext ent 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 CYO’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 CYO to stop work under this MOU or withhold any payment
that becomes due to CYO hereunder, or both stop work and withhold
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any payment, until CYO demonstrates compliance with the
requirements hereof; and/or
• Terminate this MOU.
3056357.1