AGENDA REPORT
Meeting Date: December 13, 2022
Item Number:
To: Honorable Mayor & City Council
From: Christopher Paulson, Recreation Services Manager
Patty Acuna, Assistant Director of Community Services
Jenny Rogers, Director of Community Services
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
BEVERLY HILLS AMERICAN YOUTH SOCCER ORGANIZATION
(AYSO) REGION 76 FOR USE OF CITY AND BEVERLY HILLS
UNIFIED SCHOOL DISTRICT FACILITIES
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends the City Council approve an agreement between the City of Beverly Hills and Beverly Hills American Youth Soccer Organization (AYSO) Region 76 for use of City and Beverly Hills Unified School District facilities for fiscal year 2022-23, and allow the City Manager or his designee to extend the Term of the Agreement in writing for two additional one-year terms.
INTRODUCTION
Beverly Hills AYSO has been providing recreational youth soccer programs for children of all ages for many decades in the City of Beverly Hills. Beverly Hills AYSO is a volunteer organization, and provides valuable soccer skills, friendly competition, and sportsmanship. During the pandemic while most City facilities were closed, the Community Services Department began working with the City’s longtime community partners, such as Bridge Club, Friends Of groups and community partners, such as the youth sports organizations, to enter memoranda of understanding and agreements. In keeping with best practices as identified by the then City’s Auditor’s Office, the purpose of these types of agreements is to clearly establish each group’s access to City and Beverly Hills Unified School District (District) fields, facilities and services, times of use, insurance requirements, obligations of all parties involved, and field and facility use fees.
D-6
Meeting Date: December 13, 2022
The President of AYSO has been working with staff to negotiate the terms of this agreement.
DISCUSSION
Beverly Hills AYSO has called the fields at La Cienega Park, Roxbury Park, and District school sites home for many decades. During this time a fee structure was established and adopted by the City Council, by which the youth sports organizations would be charged for field and facility use based on their participation numbers. AYSO paid the City $10 per every resident participant and $30 for every non-resident participant.
Additionally, if non-resident participants make up more than fifty (50) percent of the total number of participants, AYSO paid the City an additional $5 for every participant over the fifty (50) percent cap. The Community Services Department reviews their fees annually and recommends adjustments, as appropriate, which are then reviewed and brought forward by the Finance Department to the Council for annual adoption as part of the City’s Schedule of Fees, Taxes, and Charges. The fees for 2022-23 are $11 per resident participant and $33 for every non-resident participant, with the additional charge of $5.30 per participant over the fifty percent cap.
Beyond establishing a fee structure, and requiring various insurance coverages, there has not been any other formal agreement to memorialize the relationship between the City and Beverly Hills AYSO. Entering into this agreement would establish a permanent and more transparent framework in which Beverly Hills AYSO can continue to provide recreational youth soccer opportunities for the children of Beverly Hills.
Clearly establishing the priority of use for City and District fields, in terms of which sport and which organization will get fields a certain time of the year, is crucial for youth sports to thrive. The City has typically had very strong participation rates in AYSO soccer and Little League baseball; soccer and baseball typically occur at different times of the year.
As such, and keeping with current and past practices, each group will have a time of the year in which they have priority of use of City and District fields. Beverly Hills AYSO shall have the priority of use of field space during the months of August through December and Little League shall have the priority of use of field space during the months of February through June. City fields will remain closed the month of January for turf restoration and maintenance. City fields will remain available for general public use in July.
Other items covered in this agreement include delineation of maintenance responsibilities. The City will line the fields weekly and secure goals, while AYSO is responsible for cleaning up any trash or debris left on the field and moving goals back to their original location. AYSO will be allowed to host their monthly board meetings and up to ten (10) classroom trainings per quarter (up to 40 in a year) in City or District facilities.
Keys will be provided to AYSO for storage facilities adjacent to City fields. AYSO may store equipment in City and/or District storage closets, but no food or drink, or hazardous materials. Subletting field or facility use to any third party is expressly prohibited. Lastly, this agreement allows AYSO to hold one (1) large-scale special event per sports season, such as their annual Sportsmanship Cup.
FISCAL IMPACT
Approving this agreement has no direct fiscal impact because field and facility use fees have already been established and will continue to be collected. While most other provisions of note in the agreement continue to follow current and past practice, the Meeting Date: December 13, 2022
agreement does provide added fiscal and insurance protections to both parties in memorializing our contractual obligations in a more unified and systematic manner with AYSO, and all of our Community Services friends groups, partner agencies and organizations entering into formalized MOUs with the City.
Jenny Rogers,
Director of Community Services
Approved By
Attachment 1
1 B0785-0001\2651385v9.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS
AND BEVERLY HILLS AMERICAN YOUTH SOCCER
ORGANIZATION (AYSO) REGION 76 FOR USE OF CITY AND
BEVERLY HILLS UNIFIED SCHOOL DISTRICT FACILITIES
NAME OF ENTITY Beverly Hills American Youth Soccer
Organization (AYSO) Region 76
RESPONSIBLE PRINCIPAL OF ENTITY: Ji Lee, Regional Commissioner ENTITY’S ADDRESS: PO Box 1761
Beverly Hills, CA 90213
Attention: Ji Lee, Regional Commissioner
ENTITY’S E.I.N/TAX I.D. NO.: 95-6205398
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Jenny Rogers, Director of
Community Services
COMMENCEMENT DATE: July 1, 2022
TERMINATION DATE: June 30, 2023, unless extended pursuant Section 2
CONSIDERATION: As described in Exhibit B
DocuSign Envelope ID: BFCBCA3A-25B8-404D-B0DF-F0D3DA68E775 2 B0785-0001\2651385v9.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS
AND BEVERLY HILLS AMERICAN YOUTH SOCCER
ORGANIZATION (AYSO) REGION 76 FOR USE OF CITY AND
BEVERLY HILLS UNIFIED SCHOOL DISTRICT FACILITIES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Beverly Hills American Youth Soccer Organization (“AYSO”) Region 76 (hereinafter called “ENTITY”).
RECITALS
A. CITY and ENTITY desire to work together to offer recreational acitivities to residents of CITY and surrounding areas.
B. CITY and the Beverly Hills School District (‘DISTRICT”) entered into a Joint Powers Agreement between CITY and DISTRICT, Agreement Number 363-20, dated July 14, 2020, as amended (“JPA”). The JPA authorizes the use of DISTRICT facilities (“DISTRICT Facilitiies”) under the terms of the JPA.
C. ENTITY desires to utilize CITY (“CITY Facilities”) and DISTRICT Facilities to provide these recreational acitivities and CITY agrees to ENTITY’s use of CITY Facilities and DISTRICT Facilities.
NOW, THEREFORE, the parties agree as follows:
Section 1. ENTITY’s Use of CITY Facilities and DISTRICT Facilities.
CITY authorzies ENTITY to utilize outdoor and indoor CITY Facilities located at La Cienega Park (including Fenton Field), Roxbury Park, and various DISTRICT Facilities set forth in Exhibit A and as allowed under the terms of the JPA in accordance with the terms set forth in this Agreement and CITY’s written guidelines that may from time to time be promulgated by the Director of Community Services. In the event that the JPA is amended to modify CITY’s ability to use DISTRICT Facilities, CITY shall not be responsible for finding ENTITY alternative facilities.
Section 2. Term of Agreement.
The term of the Agreement shall commence on the Commencement Date set forth on the cover page of the Agreement and shall terminate no later than the Termination Date set forth on the cover page of the Agreement, unless extended by CITY as described in this section.
The City Manager or his designee may extend the Term of the Agreement in writing for two additional one-year terms or such other term not to exceed three years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation. In consideration of the use of the CITY Facilities and DISTRICT Facilities, ENTITY shall pay CITY the consideration described in Exhibit B, attached hereto and incorporated herein.
Section 4. Method of Payment. ENTITY shall pay CITY such Compensation in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. ENTITY is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct or any of ENTITY’s employees, except as herein set forth. ENTITY shall not, at any DocuSign Envelope ID: BFCBCA3A-25B8-404D-B0DF-F0D3DA68E775 3 B0785-0001\2651385v9.doc
time, or in any manner, represent that it or any of its agents or employees is in any manner an agent or employee of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by ENTITY without the prior written approval of CITY. Any attempt by ENTITY to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) ENTITY’s Responsible Principal set forth above shall be principally responsible, for ENTITY’s obligations under this Agreement and shall serve as principal liaison between CITY and ENTITY. Designation of another Responsible Principal by ENTITY shall not be made without prior written consent of CITY.
(b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel.
(a) ENTITY represents that it has, or shall secure at its own expense, all personnel required in the performance of this Agreement.
(b) If use of CITY Facility(ies) under this Agreement involves minors under the age of 18, ENTITY’s Responsible Principal and ENTITY’s personnel, including volunteers, shall be fingerprinted in order to conduct a State Department of Justice (“DOJ”) background check prior to ENTITY utilizing CITY Facilities and DISTRICT Facilities under this Agreement. ENTITY shall meet this requirement and comply with the provisions of state law, Chapter 2.9 (commencing with Section 18975) of Division 8 of the Business and Professions Code (CH. 169, Sec. 1 (AB 506) effective January 1, 2022), requiring all volunteers of youth service organizations to receive training in child abuse identificaiton, and all volunteers receive a background check. ENTITY shall comply with the background check requirement at ENTITY’s sole expense. ENTITY’s Reponsible Principal shall notify CITY if ENTITY or any ENTITY personnel have been convicted of a misdemeanor or felony involving moral turpitude according to the DOJ report. The refusal to do so may result in termination of this Agreement by CITY immediately.
Section 9. Permits and Licenses. ENTITY shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license and a CITY Charitable Solicitations permit (as applicable if fundraising activities to occur), as further described in Exhibit A.
Section 10. Interests of ENTITY. ENTITY affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with ENTITY.
Section 11. Insurance.
(a) ENTITY shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by ENTITY.
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(2) If applicable, a policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits as required by the state of California per occurrence combined single limit, covering any vehicle utilized by ENTITY in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(b) ENTITY shall require each of its subcontractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) ENTITY agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at ENTITY’s expense, the premium thereon.
(e) At all times during the term of this Agreement, ENTITY shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. ENTITY shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming CITY and DISTRICT as an additional insured, as applicable.
(f) The general liability and, if applicable vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by ENTITY shall be primary to any coverage available to CITY and DISTRICT. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, ENTITY shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or ENTITY shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against ENTITY and its insurance carriers.
Section 12. Indemnification.
(a) ENTITY agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and DISTRICT, DISTRICT’s Board of Education and every member thereof, and every officer, employee and agent of CITY and DISTRICT, from any claim, liability or financial loss (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of ENTITY or any person employed by ENTITY in the performance of this Agreement.
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(b) All duties of ENTITY shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon thirty (30) calendar days’ written notice to ENTITY. ENTITY agrees to cease all work under this Agreement on or before the effective date of such notice. At CITY’s sole discretion, CITY may allow ENTITY to operate until July 31st of the then current Operating Period. An Operating Period shall be defined as the period from August 1st of one year to July 31stof the following year.
(b) In the event of termination or cancellation of this Agreement by CITY, ENTITY shall pay CITY a pro rata share of the compensation for the use of CITY Facilities and DISTRICT Facilities for activities, programs and/or events held up to the date of termination based on the compensation formula set forth in Section 2 and Exhibit B of the Agreement.
Section 14. Records Retention and Examination. ENTITY shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. ENTITY shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. ENTITY shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, ENTITY shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. ENTITY must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 15. Nondiscrimination by ENTITY. In the performance of this Agreement, ENTITY assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).
ENTITY shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 16. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
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Section 17. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 18. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and ENTITY, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and ENTITY.
Section 19. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 20. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 21. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than ENTITY.
Section 22. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________
LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk
ENTITY: AMERICAN YOUTH SOCCER
ORFANIZATION (AYSO)
JI LEE
Regional Commissioner
[Signatures continue]
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________ __________________________________ LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
____________________________
JENNY ROGERS
Director of Community Services
____________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: BFCBCA3A-25B8-404D-B0DF-F0D3DA68E775 8 B0785-0001\2651385v9.doc
EXHIBIT A
USE OF CITY FACILITIES and DISTRICT FACILITIES
ENTITY will have access to all outdoor fields located at La Cienega Park (including Fenton Field) and Roxbury Park for the timeline detailed in this Agreement and further agreed upon in writing between CITY and ENTITY. ENTITY will also have access to DISTRICT Facilities at Horace Mann Elementary, Beverly Vista Middle School, Hawthorne Elementary, El Rodeo Elementary, the Nickoll Field at Beverly Hills High School, and any additional facilities authorized by written amendment to the Agreement and subject to the terms of the JPA.
ENTITY shall request use of additional CITY Facility(ies) and/or DISTRICT Facilities in writing for ENTITY programs, activities and events in accordance with the terms of the Agreement. Such requests are subject to the prior written approval of the Director of Community Services or their designee.
Use of CITY Facilities and DISTRICT Facilities for ENTITY Programs, Activities and Events
1. Regularly scheduled sporting programs, activities and/or events at CITY and/or DISTRICT Facility(ies) including fields, gymnasiums and multi-purpose rooms as authorized by CITY in writijng.
a. ENTITY should book regular scheduled field requests in writing three (3) months prior to start of their season if it is in addition to the previous year’s usage. b. ENTITY shall book any additional CITY Facilitiy(ies) and DISTRICT Facilities including indoor space at least one (1) week in advance with CITY’s Senior Recreation Supervisor and/or its desginee.
• Identify regular season bookings versus one-time special event requests. Special events must be booked 3 to 4 months in advance. c. Field permits will be distributed to the ENTITY’s Responsible Principal. It will be the ENTITY’s Responsible Principal’s role to distribute and keep records and submit to CITY staff designee, the names of coaches, staff, volunteers, or any affiiliated personnel using such permits. All field permits must be returned to CITY personnel at the conclusion of the season.
d. If any issues arise during a program, activity and/or event, the ENTITY’s Responsible Principal will be contacted to resolve the issue and/or ENTITY shall report to CITY staff immediately.
e. It is the ENTITYs responsibility to control the distribution of such field permits and any mishandling of these field permits may result in revocation of any and/or all field permits
f. Use of CITY Facilities and DISTRICT Facilities shall be exclusively for purposes related to ENTITY’s activities as described in this Agreement and shall not include scheduling or use of fields on behalf of other individuals, businesses, nonprofits or community groups. ENTITY agrees that their scheduling and use is not allowed for non-ENTITY sanctioned programs including, but not limited to, private camps, summer or holiday camps, clinics, classes, or special events, unless specifically approved by CITY in writing. ENTITY may not charge fees or accept donations in exchange for use of CITY Facilities and DISTRICT Facilities for any activities that are not officially ENTITY activities, unless approved in writing by CITY.
2. Priority Use. CITY has typically had very strong participation rates in AYSO soccer and Little League baseball. Soccer and baseball typically occur at different times of the year, therefore each group will have a time of the year in which they have priority of use. ENTITY shall have the priority of use of field space during the months of August through December and Little League shall have the priority of use of field space during the months of February DocuSign Envelope ID: BFCBCA3A-25B8-404D-B0DF-F0D3DA68E775 9 B0785-0001\2651385v9.doc
through June. CITY Facilities and DISTRICT Facilities will remain closed the month of January for turf restoration and maintenance. CITY Facilities and DISTRICT Facilities will remain available for general public use the months of July and August.
3. Subletting. CITY expressely prohibits the subletting of any CITY Facility(ies) and DISTRICT Facilities to third parties. This may result in the immediate termination of this Agreement and/or future CITY Facilities and DISTRICT Facilities allocations.
4. Meetings. Any meeting requiring classrooms or meeting rooms at CITY Facilities and DISTRICT Facilities must be booked at least one (1) week in advance and will be subject to availability through CITY’s Senior Recreation Supervisor or their desginee. No more than twelve (12) board meetings will be allowed during a calendar year. Up to ten (10) classroom trainings may be hosted at CITY Facilities or DISTRICT Facilities per quarter per calendar year, not to exceed forty (40) trainings per calendar year. Additional board meetings or classroom trainings exceeding the allotments mentioned above wil be subject to a traditional room rental to be rented at the present-day room rental rate. Room set-up requests must be submitted in writing with room requests.
5. Special events
a. Date and location of special events must be submitted prior to the season starting and the date must be approved by CITY staff liaison in writing. b. ENTITY will be allowed to hold one (1) large scale event for each sports season. c. All insurance and permits must be in place as described in the Agreement including any subcontractors, vendors, or third parties participating as further described in Section 11 of this Agreement.
d. Prior to ENTITY’s use of CITY Facilities and DISTRICT Facilities, ENTITY must submit in writing a plan for cleaning, disinfecting, and vacating any space proposed to be occupied for the special event.
e. ENTITY must also assess the impact on CITY Facilities and DISTRICT Facilities and CITY and/or DISTRICT staff.
f. ENTITY must also follow the infectious disease guidelines as further described in this Exhibit A.
g. All events must adhere to CITY event guidelines provided by CITY’s designee at the time of request.
6. Access. Keys to CITY Facility(ies) and DISTRICT Facilities may be assigned to ENTITY’s Responsible Principal at CITY’s discretion. Keys will only be provided for access to storage facilities. Access to fields, batting cages, etc., will be the responsibility of CITY staff. Any lost or damaged keys must be replaced at ENTITY’s expense.
7. Maintenance
a. CITY will provide the following maintenance:
i. Lining fields as needed
ii. Constructing goals before use
b. ENTITY shall provide the following maintenance:
i. ENTITY will be responsible to move soccer goals back to their original location at the conclusion of practices, games, and/or events in order to allow the CITY to continue additonal programming.
ii. ENTITY shall pick up any trash, debris, and/or items left behind by staff, participants, and/or spectators
8. Storage
a. If any storage space is provided to ENTITY by CITY and/or DISTRICT, such storage space must be maintained clean and organized.
b. Said storage must be emptied, cleaned, and organized at the end of each season.
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c. ENTITY is responbile for lost or stolen items
d. Storage is provided for equipment only. No hazardous materials may be stored on site. Absolutely no food, beverages, open packages of any sort may remain on any CITY Facilities and DISTRICT Facilities.
9. CITY Guidelines, Policies and Procedures. CITY has the right to enforce guidelines, policies and procedures established by CITY. ENTITY shall adhere to the Community Services Department Standards of Behavior Policy, attached hereto as Attachment 1 to Exhibit A. ENTITY shall also adhere by the Civility Statement below:
The City of Beverly Hills strives to promote positive human relations in all aspects of community life. While our schools provide civics education in the calssroom, we citizens are obligated to provide our young people with a real life model of positive civic behavoir that we teach by example.
We hope that every member of this community will join us as we take a stand in support of an environment where respect and responsible actions prevaill in every aspect of our community life.
10. CITY and ENTITY Roles and Responsiblities. All roles and responsibilities shall be outlined in writing and approved by both parties prior to the commencement of any program, activity, or event conducted at CITY Facilities and DISTRICT Facilities under the Agreement. All coaches, volunteers and agents of ENTITY shall be identified with a visible photo identification at all times while at CITY Facilities and DISTRICT Facilities.
11. Use of Subcontractors by ENTITY
a. All sub-contractor agreements, including sponsorship agreements, shall be reviewed and subject to written approval by CITY’s Director of Community Services or their designee prior to executing such agreements and use of CITY Facilities and DISTRICT Facilities.
b. ENTITY shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of the Agreement including Section 7 of the Agreement (Responsible Principal).
12. Non-Profit Tax Exempt Status
a. ENTITY shall at all times during the term of the Agreement maintain on file with the City Clerk proof of 501(c)3 status, and current ENTITY bylaws shall be submitted to CITY annually.
b. ENTITY represents that ENTITY is organized exclusively for the purposes for which an organization may be exempt from federal taxation under Section 501(c)3 of the Internal Revenue Code, or the corresponding section of any future federal tax code, including for such purposes the making of distributions to organization that qualify as exempt organizations under section 501(c)3 of the Internal Revenue Code, or the corresponding section of any future federal tax code.
13.Emergencies
a. ENTITY shall follow all CITY protocols to ensure the safety of all participants, CITY employees, DISTRICT employees, patrons, and all others on CITY Facilities and DISTRICT Facilities.
b. In the event of an emergency, ENTITY’s Responsible Principal shall contact CITY and the registrant provided ENTITY Emergency Contact immediately. c. For purposes of this Agreement, “emergency” shall include, without limitation, injury to a child, building hazard(s), natural disasters, theft of property, lost child, and any illness of a child.
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d. In the event of parent complaints, ENTITY shall contact CITY immediately. Within an hour of the incident, ENTITY shall email CITY staff a written report detailing the emergency situation and/or parent complaints, the parties involved, what steps were taken and any follow up steps and/or procedures (if applicable) needed.
14. Infectious Disease.
A. The federal government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and ENTITY to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “ENTITY employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.
B. ENTITY shall notify CITY immediately in writing if ENTITY or ENTITY employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such ENTITY employees shall immediately cease performing services under the Agreement.
C. ENTITY shall monitor ENTITY employees’ signs and symptoms with written logs.
ENTITY shall maintain a daily recording of the following:
1. Require ENTITY employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).
2. If ENTITY employees have any symptoms of COVID-19, the common cold, or influenza including but not limited to a fever (100°F or higher), cough, trouble breathing, ENTITY shall:
(a) Direct employees not to report to work.
(b) Contact your CITY Responsible Principal.
3. ENTITY shall ask employees to identify any close contact they had with others at a CITY facility during the 48 hours prior to symptom onset or positive test, if asymptomatic. Close contact is defined as individuals who are within 6 feet of each other for 15 minutes or more over a 24 hour period. This definition may be modified by the Centers for Disease Control and/or the Los Angeles County Public Health Department.
4. ENTITY shall disinfect all areas that ENTITY’s employees come in contact with while performing services under the Agreement before and after usage.
5. ENTITY employees shall not return to any CITY facility until they meet the quarantine / isolation guidance* of the Los Angeles County Department of Public Health. * ENTITY acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance workplaces.
D. ENTITY shall also maintain daily monitoring and record keeping in connection with CITY projects where ENTITY employees come on site for the following information:
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1. Projects are adhering to Social Distancing and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.
2. ENTITY employees are not working while sick.
3. ENTITY shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.
4. ENTITY shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.
E. ENTITY shall provide employees with handwashing and sanitizing equipment.
These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.
ENTITY shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.
For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
CITY reserves the right to review ENTITY’s daily logs to ensure compliance with this Agreement. CITY has the right to send ENTITY employees home who do not comply with these requirements. ENTITY shall maintain the recordings and logs in accordance with the Agreement.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
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EXHIBIT A
ATTACHMENT 1
City of Beverly Hills
Community Services Department
Effective Date: April 1, 2022
Community Services Facility Standards of Behavior Policy It is the goal of the City of Beverly Hills (“City”) Community Service facilities located at Roxbury Park and La Cienega Park (“Community Centers) and Greystone Mansion and Gardens (“Greystone”) to provide an environment where patrons can register for programs, participate in great programs, classes, and events, book a rental, and enjoy their time at the Community Centers.
The Community Services facilities strive to provide: a friendly, welcoming environment that is safe and well maintained, and where patrons can enjoy activities and be with other people. The City strives to make the Community Services facilities comfortable places to be that are barrierfree with staff who are knowledgeable, helpful, and responsive. The City strives to offer a variety of programs at the Community Centers that meet a broad spectrum of community desires and needs.
The Community Services facilities host more than 500 classes a year, and bring thousands of people together for health, fitness, fun and social experiences. A well-run community center takes everyone working together toward the goal of retaining a fun and welcoming place. To do that successfully, for the enjoyment of all who enter, the Community Services facilities have established standards of behavior so that it is clear what visitors can and cannot do in these highly valued and well used public spaces. The following Standards of Behavior are to be used by the City staff as general guidelines to help provide you with a comfortable, welcoming and friendly place.
Standards of Behavior
Community Services facilities patrons (adults and children) are expected to conduct themselves in a manner which enables other patrons, staff, and themselves to accomplish their intended tasks in a safe, pleasant, and well-run atmosphere. Staff will apply Community Services facilities policies and local, State, and Federal laws that are applicable, and call the police to help enforce DocuSign Envelope ID: BFCBCA3A-25B8-404D-B0DF-F0D3DA68E775 14 B0785-0001\2651385v9.doc
them when necessary. Staff respects, and will respond to, complaints from patrons, and will exercise professional judgment in taking appropriate action on a case-by-case basis.
The following list of specific prohibitions may be enforced by City staff,as appropriate:
Community Service facility users may not...
1. Destroy, deface, misuse or illegally remove materials or property from the community center.
2. Eat or prepare food in the Community Service facilities, except in designated areas. If food is found in carpeted rooms, users are expected to discard the food immediately or move to designated areas. If food is found unattended, it will be discarded by staff. Non-alcoholic beverages in covered containers are allowed in the Community Service facilities.
3. Drink alcoholic beverages, use illegal drugs or be intoxicated while using the Community Service facilities.
4. Smoke (including the use of e-cigarettes) in the Community Service facilities buildings; or, within 20 feet of the building's entrances or exits. Smoking is also prohibited on the Park grounds as set forth in Beverly Hills ordinance code 14-0-2657.
5. Disturb or harass other users or staff by (including, but not limited to):
a. loitering in the lobby area, hallway and lounge chairs. b. staring fixedly or leering at fellow patrons, or staff. c. following or stalking users, or staff, in the Community Service facilities, buildings or on the Park grounds.
d. attempting to peer under a user's, or City staff member's clothing. e. misuse of designated or intended area.
f. abusing or verbally harassing users, or City staff, including, but not limited to, the use of foul language.
g. being physically aggressive or striking, hitting, shoving, or kicking another user or City staff.
h. engaging in harassing or intimidating behavior in the Community Service facilities or on the Park grounds.
I. causing, introducing or being the source of odors that bring forth complaints or cause discomfort to others, whether commonly considered pleasant or unpleasant. This provision does not apply to service animals.
J. distributing materials or gathering signatures for petitions inside the Community Service facilities. These activities may occur on Park grounds: however, at no time shall entrances or walkways to the Community Centers be blocked.
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k. creating a disturbance by speaking loudly, yelling, running, throwing objects, misusing the Community Service facilities, etc.
6. Sell, panhandle, or solicit in the Community Service facilities, buildings or on the Park grounds.
7. Enter or impede access to areas marked "staff only".
8. Enter or impede children's classrooms and/or ongoing activities while in session. Entrance will only be permitted to those who have children enrolled or are themselves enrolled in the activity.
9. Bring animals (except service animals) into the Community Services facilities, buildings or leave them unattended on Park grounds. Any patron entering the community center must carry a doggy bag with them at all times.
10. Come into the Community Center without being fully clothed, including shirt, pants and shoes, at all times.
11. Reserve chairs or tables or rearrange furniture without permission of City staff.
12. Sleep in excess of 30 minutes total for the day. This rule does not apply to children under four years of age. Snoring that disturbs others will not be tolerated at any time.
13. Engage in unauthorized photography of users who are minors, by adults. Requests for professional photography must be authorized by City's Filming and Permit Department and will require a permit.
14. Obstruct Community Service facilities entrances, exits, aisles and passageways.
15. Put feet on Community Service facility furniture.
16. Sit for extended periods or lie on the floor in the Community Service facilities.
17. Enter Community Service facilities with exposed wounds or cuts or insects (e.g. scabies, lice, bed bugs etc.).See City's Health & Safety Policy.
18. Leave personal belongings unattended. The Community Service facilities are not responsible for lost, damaged, or stolen items.
19. Refuse to relinquish Community Service facilities, rooms or other resources after scheduled period of use has ended.
20. Bring in excessive baggage such as sleeping bags, bedrolls, luggage and shopping carts. Facility users may bring two items that measure no more than 24" H x 14" D x 12" W.
21. Run, in-line skate, roller skate, bike ride, scooter or skateboard in the Community Service facilities or on Park grounds. Bicycles or shopping carts are not allowed in the Community Service facilities. Mobility devices and occupied baby strollers/carriages are welcome as long as they do not impede the public right of way.
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22. Misuse restrooms, including laundering personal belongings, bathing and intentionally clogging toilets, sinks or throwing restroom supplies on the floor.
23. Spit into trash cans located in the public areas, or perform excessive personal grooming in a public area.
24. Graffiti or otherwise deface Community Service facility furniture or fixtures.
Use of Electronics
Users shall not:
1. Plug in personal electronic equipment (i.e. cell phones and personal computers) so that it creates a tripping hazard or disturbs others. Charging time limited to 30 minutes.
2. Use personal equipment (such as computers, cellular phones and audio players) that is disruptive or noisy. Audio equipment may be used with headphones if it does not disturb others.
While cell phone use is not a prohibited activity; cell phone users and others who speak loudly and disturb other patrons will be asked to speak more quietly or to move outside the Community Service facilities.
Prohibited Activities
1. Neglecting to provide proper adult supervision ofchildren under the age ofnine; caregivers neglecting to attend to their assigned special needs clients, and/or senior clients. Parents or their designated adult caregivers are responsible for their children/client's supervision and appropriate behavior.
2. Loitering for the purpose of engaging anyone under the age of eighteen years of age in unlawful or illegal contact. Adults who are not related to or supervising children shall not loiter in areas conducting youth classes or programs.
Program Participant Expectation:
1. Auditing classes is prohibited. All participants must register, sign in and pay for fee based classes prior to participating.
2. Students may not reserve space inside classes. Class seats and floor space are on a firstcome, first-serve basis.
3. Class participants are asked to arrive to class on time.
4. Be respectful to fellow class participants, instructor, City staff and City facility. Disruption as determined by the instructor or City staff, may result in removal from the class. Repeat occurrences of disruptive behavior may result in suspension from use of the Community Centers and/or class (see Enforcement).
5. Personal items and equipment may not be stored or left unattended in the Community Center or Park grounds.
6. The grievance procedure for class participants is to first address any concerns with the class instructor. If deemed necessary, the overseeing City Supervisor will review any concerns and follow up on any pending actions.
Emergencies
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In the case of an emergency or potential emergency, users shall immediately follow the direction of City staff. If the Community Service buildings are evacuated, users shall leave the building promptly.
Enforcement
l. Violation of the foregoing may result in the user's privilege being limited or revoked, removal of the user from the building, or criminal prosecution if the conduct constitutes a violation of either Local, State, or Federal law.
2. Community Service facility users violating these policies and failing to comply after one warning will be required to leave the Community Service facilities for the remainder of the day.
Individuals who are asked to leave shall do so within 5 minutes, with minimal disturbance of other Center users.
3. Future violations will result in an increase time
4. Based on the severity of the situation, the City staff or an authorized designee may revoke Community Center privileges for multiple days or entirely.
5. A Community Service facility user whose privileges have been revoked may appeal the revocation of their Community Service facility privileges by submitting the request in writing to the Senior Supervisor of the subject Community Service facility or the Supervisor's designee within ten (10) days from the date of the revocation of privileges. No appeals will be heard after that deadline.
6. A user whose privileges have been revoked must schedule a meeting with the Community Service Facility Senior Supervisor or designee prior to resumption of Community Service facility usage. The purpose of the meeting will be to review the Standards of Behavior policy and secure the user's agreement/commitment to follow it
Effective Date: 4/1/2022 Approved:
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EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
ENTITY shall compensate CITY for use of CITY Facilities and DISTRICT Facilities in accordance with the following process and rates:
1. ENTITY shall submit to CITY staff a roster of participants at mid-season and at conclusion of each season. The rosters shall include each child’s name, address and if they are a resident of Beverly Hills and/or non-resident.
2. ENTITY shall pay CITY $10 for every participant that is a resident* of CITY.
3. ENTITY shall pay CITY $30 for every participant that is a non-resident** of the CITY.
4. If non-resident participants make up more than fifty (50) percent of the total number of participants, ENTITY shall pay CITY an additional $5 for every participant over the fifty (50) percent cap.
*RESIDENT: Persons residing in the 90210, 90211, or 90212 zip codes will be considered resident.
**NON-RESIDENT: Persons residing in any zip codes outside of the ones listed above.
ENTITY shall make two (2) payments to CITY. The first payment shall be made mid-way through the sports season and the second payment shall be made no more than one (1) week after the completion of the sports season.
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EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
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City of Beverly Hills
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