Proposal - Management of Bolivar Park

Introduction

BSA (Bolivar Softball Association) is a partnership dedicated to improving

the Management of Bolivar Park, upgrading its existing facilities and
improving neighborhood resident relations to ensure that such park becomes
a preferred destination for Softball players locally and nationally. We
believe that this will be the next evolution, of what will become a highly
successful sports complex. Our partnership has years of combined
experience both professionally and in volunteer capacities, in operation
management, facility management, financial planning, youth athletics, not
for profit organizations and has strong contacts within the business and
sports community. We are in an ideal position to utilize our experience and
contacts to significantly improve the management and services by this
municipally-owned athletic facility.

Our Organization

Bolivar Softball Association (BSA) is a Surrey based non profit organization

that would like to form a joint-partnership with City of Surrey Parks,
Recreation & Culture and National Slopitch Athletics of Canada (NSA).
Together we would be dedicated to the promotion of quality amateur softball
of all levels of play for persons of any race, creed, religion, sex or national
origin, without prejudice. The goal of our association is to provide a sports
outlet for individuals as a means to meet like-minded people, improve their
athletic abilities, promote good sportsmanship and organize and promote
participation by its' members in social, cultural and charitable activities as
may serve our community. We are committed to continued growth of our
Leagues, not only in number, but also in striving to give back to our
community. League fee’s are collected with the sole purpose of funding the
administration of all softball related activities and other related events that
benefit the development of Bolivar Park and Softball in Surrey B.C.
BSA Goals

• To actively look for participation and input from families and

individuals that live in the Bolivar Park area so that we may instill a
sence of community and ownership with the desision making of BSA and
Bolivar park itself.

• To promote all phases of softball including men’s,

women’s, coed and youth, with an emphasis on player safety.

• To establish standard rules and regulations that can be observed by all

members

• To conduct well-organized championship tournaments

• To be represented by teams in local, region, area and national

tournaments

• To promote the City of Surrey as a premier destination for Provincial,

National and World Softball competition.

Association Directors

Saugar Takhar – President

Saugar brings a wealth of experience and commitment as an individual who
has literally spent a lifetime involved in some capacity in amatuer sports.
His unwavering and proven ability to coordinate, staff and form key
partnerships for sporting functions is paramount to his position of President
of our association. Further to his above mentioned traits Saugar has
continuely and selflessly given back to his community by promoting and
organizing charity events, working to help those with substance abuse issues
and working as a Foster Parent all which has leant to him being a role model
to all those he comes in contact with.
Wes D’Arcey – Vice President
Solid would be an understatement when it comes to Wes’ almost two
decades of mangement, marketing and volunteer experience. Wes’ ability to
see the “big picture” and formulate the steps nessesary to achieve goals is a
true asset to our association. As someone who’s primary experience lies in
the set-up, marketing and management of restaraunts and Pubic Houses, his
key responsibilty will be to provide quality food service operations to
Bolivar Park. The exisiting facilities capatalize on their “captive” audiences
with the standard fare of hotdogs and potato chips, forcing many families to
look elswhere. An upgraded facilitiy and menu is desperately needed and
Wes is strongly positioned and committed to lead us in that direction. Good
food at fair prices will be a first for Bolivar Park. It will also prompt
extended use of the facility by family and friends both during
tournaments/games and while players are waiting between games.

Derek Tarumoto – Treasurer

Derek has spent the majority of his adult life using his spare time to
selflessly give back to the community around him. He has always applied
himself to giving back by coordinating, volunteering or managing charity
events. In additon to this, he has mentored youth and those recovering from
addictions thru Softball - he has been an inspiration to many. Dereks’
professional contribution to our association is his detailed and proven ability
in finance. With his many years experience in accounting, estimation and
budgeting, our association can confidently look to a positive fiscal future
that will see Bolivar Park grow expedentialy.

Scott Deacon – Secretary/Business Relations

Is an innovative and forward thinking business professional that is energized
by working to maximize growth opportunities and has a successful track
record of dealing with private, municipal and government agencies. Scott
combines creativity and initiative with a proven record of achievement in
Business Development & Retention. As someone who has been involved at
the highest level of Business in B.C., he has a proven ability to organize,
plan and find solutions to any issues that may arise. His contacts and
relationships with those in the business community are invaluable to our
association as he is committed to securing additional revenue streams
through sponsorship and advertising. Scott has always been someone who
consistently realizes top results when ensuring goals are met.
It his hereby proposed on this 3rd day of December, 2009 that Bolivar
Softball Association would be agreeable with the following items

RENT
1.
The Association covenants and agrees to pay to the City an annual rent of
ONE DOLLAR
($1.00) upon the execution of these presents, the payment of which is hereby
acknowledged.
1.1
The association shall pay as additional Park User Fee’s at rate of $37,402.00
per year as per the City’s request. This sum will be made in two equal half
payments with the first to commence on April 15th, 2010 and the remainder
on September 15th, 2010. This formula will continue for the length of an
agreed contract.

TERM OF OPERATING AGREEMENT

2.
This Agreement relates to the operation of the Playing Fields (Diamonds)
and the buildings containing the concession and washrooms facilities located
at Bolivar Park,
13290 – 115 Street.
2.1
The Agreement will be for the period commencing April 1, 2010 and ending
on March 31, 2015. After the term, both parties will have an option to renew
the Agreement provided that the Association is not then in default of any of
the terms contained therein.
2.2
Any renewal shall not be unreasonably withheld.
2.3
Upon notice from the City that the Agreement is nearing the expiration of
the Term, the Association shall provide the City, within four weeks of
receiving the notice, of their intent to renew the Agreement. The City may
choose not to renew the Agreement if, in the sole opinion and discretion of
the City, this arrangement is not in the best interest of the City.
2.4
Upon receipt by the City of notice of intent to renew, the City shall, in a
reasonable time, deliver to that Association a proposal for the renewal based
upon the policies developed as a result of the review undertaken during the
preceding Term.

CONCESSION OPERATIONS
3.
The Association intends to build a Concession Facility at Bolivar Park and
agrees that that City will not be financially responsible for any costs incurred
for its production, operation or ongoing maintenance. The Building will be
property of the City.
3.1 The association agrees to lease the proposed Concession facility, built by
the association and owned by the City for a sum of $1.00 per year, for a
period of 99 years.
3.1.2 If a mutual renewal is not agreed upon at the expiry of the Bolivar
Management Contract, it is agreed that the Association, will still retain
management rights to such Concession as per the 99 year lease.
3.1.3 The Association holds the rights and option of turning over the
Concession to the City and forfeiting the lease of such building should the
City terminate its Park Management Agreement with the Association.
3.1.4 The Association agrees to provide Temporary Concession Facilities
until such building is completed and agrees that the City will not be
financially responsible for any costs incurred for its production, operation or
ongoing maintenance.
3.2
The Equipment in the Concession will be the property of the Association.
Maintenance and replacement of concession equipment are the responsibility
of the Association.
3.3
The Association will have sole concession rights in relation to the athletic
facilities at the park. Surrey based Community user groups wishing to
operate an in-park concession within Bolivar Park as a fundraising venue
must submit a written application to the City a minimum of six (6) weeks
prior to the event. The Association will respond, in writing, within two
weeks of receiving the request.
3.4
The Association will only entertain proposals from City of Surrey based
non-profit community user groups. The association will provide concessions
for such event, with a percentage of 25% of net revenue going to the user
group.
3.5
The Association will place a permanent sign, no less that twenty-four (24)
inches square in a visible location at the front of the concession. This sign
shall indicate that the concession is operated on a non-profit basis by the
Association and that the concession is available to help fund other non-profit
Associations and community groups utilizing the athletic facilities. The City
of Surrey Service Request phone number will be displayed on the sign.
3.6
If the Association denies an application to use the concession, the
applicant(s) may request that the Manager of the Parks, Recreation &
Culture Department arbitrate the Associations’ decision. All profits
generated by the Association from the concession will be used either to the
benefit of the Association and their members, or to enter into an agreement
with the City for the further development and operation of the Park.
3.7
The Association shall ensure that the concession is open to service the needs
of the user groups on a year round basis, as required. The Association agrees
to keep their service adequately staffed and supplied with merchandise of
good quality at reasonable prices.
3.8
The Association shall not use the Concession in contravention of any by-
laws or policies of the City.
3.9
The Association is responsible for all maintenance and repairs to the interior
and exterior of the concession facility.
4.0
FACILITY USE, OPERATION AND MAINTENANCE
4.1
Playing Fields
4.1.1
It will be the responsibility of the City, based on agreed park User Fee’s to
complete all maintenance and upkeep of the Facility including, but not
limited to...

Trim of all passive grass areas south of 115 avenue

Refuse pickup
Maintenance and repair of the perimeter fencing of the diamond outfields
including major renovation and/or replacement
Graffiti removal
Turf health care
Sport field leaf control and removal
Ball Diamond Infield Renovation
Annual inspection of Gang mowing
Sport field amendments
Sport field irrigation
Sport field aeration
Sport field inspections
Sport field over-seeding
Sport field top dressing
Sport field backstops fencing
Painting of backstops & Bleachers
Minor repair
Maintenance and upkeep of the Concession Facility
Litter pickup through the entire facility
Parking lot floating
Preparation of Diamonds for Softball play

4.2
Washrooms
The City agrees to provide portable washrooms at all four Diamonds and
incur any costs associated for the acquisition and proper upkeep of such.
4.2.1
The permanent washrooms shall be opened and maintained by the
Association throughout the season for all Association games and events.
4.2.2
The washrooms (not including portables) shall be maintained according to
the attached guidelines entitled General Cleaning Procedures
4.2.3
The City will be responsible for all repairs to the interior and exterior of the
washrooms.
4.2.4
During other community sporting events and games that coincide with the
Associations season, the washrooms will be opened and serviced by the
Association.
4.2.5
At any time the concession is operated by the Association at least one
washroom shall be open and serviced by the Association.
4.3
Parking lot
4.3.1
City agrees to conduct semi-annual grading of parking lot (includes
materials).
5.0
FIELD PERMITS / USER FEES
5.1
The Association will receive first priority when permitting the outdoor sport
facilities at the park. The City will allocate the athletic facilities to the
Association, who in turn will schedule activities at the park for all affiliated
sport associations. The Association will be expected to adhere to the City of
Surrey’s Outdoor Sport Facility Allocation and Management Policy in
regards to the scheduling of the athletic facilities. The City will review the
various league registrations to ensure that Surrey resident access to
the athletic facilities at Bolivar Park is fair and equitable in comparison to
Surrey resident access to other outdoor athletic facilities in Surrey of the
same nature.
5.2
At any time when the facilities are not being used by the Association, they
will be made available to the general public based on the City of Surrey’s
Outdoor Sport Facility Allocation and Management Policy. Applicable Fees
and Charges will apply to all groups using the Facilities that are not
affiliated with the Association.
5.3
In an effort to foster cooperation and harmony between the outdoor sport
public and the residents that live in the Bolivar Park area, the Society and
the City will endeavor to provide limited sport programs for youth that live
in the surrounding community. The programs will be at times that do not
adversely affect the regularly scheduled league or tournament play at the
park.
6.0
HYDRO & UTILITIES
6.1
The Association is responsible for all hydro and utility costs related to the
operation of the washroom and concession/storage facilities at Bolivar Park.

7.0
BEER GARDEN PERMITS
7.1
It is agreed that all revenues from Beer Gardens will be directed back into
the Association to offset operating costs or to contribute towards capital
improvements.
8.0
LICENSES AND PERMITS
8.1
The Association must obtain, at their own expense, and submit to the Surrey
Parks, Recreation & Culture Department, on an annual basis, proof of a
Fraser Health Authority Permit, Fire Safety Standards and any applicable
licenses.
8.2
The Association shall comply with the Surrey Fire Prevention By-law and
the B.C. Fire Code Regulations and facilitate Fire Department Inspections at
regular intervals as approved by City Council.
9.0
INSURANCES – COMMERCIAL GENERAL LIABILITY AND
PROPERTY
9.1
The Association shall at its expense, during the whole term and during such
other times as the Association occupies the Pavilion, obtain “Commercial
General Liability Insurance,” including sports participant endorsement,
protecting the City of Surrey, the Parks, Recreation & Culture Department
and all user groups of the facility against any personal or bodily injury, death
or property damage on an occurrence basis against claims arising in
conjunction with the activity with a limit and deductible as specified in the
City of Surrey Insurance Certificate, but in no case shall this limit be
less than five million dollars ($5,000,000) in respect of any one accident or
occurrence. This insurance shall be maintained in force throughout the term
of this agreement, including any subsequent renewals. The Association
agrees that they will be solely responsible for any deductible amounts under
the policies of insurance specified in this agreement.
9.2
All policies of commercial general liability insurance shall contain cross
liability/severability of interest endorsements, so that the policies will
protect the City of Surrey and the Association and other insured’s as if each
were alone insured under such policies. The City of Surrey will be named as
an additional insured to each commercial general liability policy.
9.3
A City of Surrey Insurance Certificate, or copies of insurance policies, must
be received by the City of Surrey prior to the site use. The City does not
warrant that this insurance is adequate for the Association needs. By
accepting this Agreement, the Association acknowledges sole responsibility
for obtaining whatever coverage in excess of that required by the City of
Surrey that the Association deem necessary.
9.4 All volunteers involved with the undertaking of this agreement are
required to register with the City of Surrey as part of the “Partners in Parks”
program.
9.5
The Association agrees that all players participating in the Association
activities shall obtain physicians’ and hospital medical coverage, including
dental coverage.
9.6
The Association will be responsible for coverage of their personal property.
10.0
GENERAL
10.1
The Association will maintain accurate revenue and expenditure records of
the Facility operation and how the profits are dispensed. The City will have
the right, with reasonable notice to access such records as part concession of
the review process.
10.2
No liquor shall be permitted to be sold, possessed or consumed on City of
Surrey property without proper permits or licenses.
10.3
No renovations, construction or alteration to the Facilities shall be made
without the prior written approval of the City, specifically the Parks Division
of the Parks, Recreation & Culture Department. However, such permission
shall not be unreasonably withheld. If the City grants its approval to a
renovation, construction or alteration of the Facilities, the City must be
given an opportunity to review the project in terms of amount and quality of
the work and its cost prior to commencement.
10.4
Renovations and construction must meet the B.C. Building Code, and will
not be commenced until a Surrey building permit, if required, has been
obtained.
10.5
The City shall have the right, at all reasonable times, to enter the Facilities to
inspect the same and to ensure the Buildings are being used, operated and
maintained in accordance with applicable Policies, Standards and
Regulations. Should the Facilities be found to be in disrepair, unsafe or in
contravention of any Policies, Standards and Regulations, the Association
shall be ordered to repair or remedy the problem. Failing to do so may result
in the Facility being closed and/or repairs completed by the City or its agent
and the Association required to remit for the full amount of the cost to
repair.
10.6
The Association indemnify and saves harmless the City, and those for whom
the City is in law responsible, from any and all claims, demands, actions,
suits and other proceedings by whomsoever brought against the City by
reason of or arising out of the Associations use and occupation of the
playing field Facilities.
10.7
The Association is responsible for ensuring that the assigned area is suitable
for the activity, the activity is conducted in a safe orderly manner and that
the activity is restricted to the assigned area.
10.8
The Association shall not commit or suffer to be committed any nuisance or
other thing, which may disturb the quiet enjoyment of the surrounding area.
10.9
The Association shall not assign, sublet or transfer the Operating Agreement
without the prior approval and written consent of the City which consent
may be arbitrarily withheld.
10.10
This Agreement may be terminated by the City if the Association breaches
any bylaw of the City or any Provincial or Federal statute or if the
Association winds up their affairs (i.e. declares bankruptcy).
10.11
Notwithstanding the provision of this Agreement, the City may cancel this
Agreement upon one hundred and eighty (180) days written notice to the
Association if the City requires the premises for other civic purposes.
11. Legal
11.1 It is hereby mutually understood that The Association will seek
independent legal advice before entering into any agreement with the City.
11.12
Upon termination, the City has the right to re-enter and take possession of
the Facilities. (does not include Concession Facility owned by BSA)
12.0
Future Facility Enhancements
12.1
New facilities in the park will lead to a review of the existing operating
agreement to assess for modifications and/or additions to the agreement.