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HomeMy WebLinkAboutUkiah Pickleball Club 2024-09-30COU No. 2324-214 Page 1 of 3 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF UKIAH AND UKIAH PICKLEBALL CLUB FOR THE FORMATION AND MAINTENACE OF A UKIAH PICKLEBALL FUND This Memorandum of Understanding (“ MOU”), is made by and between the Ukiah Pickleball Club, a 501c7 non-profit (“UPC”), and the City of Ukiah (“ City”), a public entity. Whereas Pickleball is an emerging and popular sport with more than a decade of sustained growth and community interest; and Whereas there are no pickleball specific courts in the Ukiah Valley; and Whereas the City of Ukiah and the UPC share an interest in creating courts designed and built specifically to meet the needs of Pickleball players, and Whereas the City and the UBC share an interest in raising the funds to pay for the creation of pickleball specific courts; and Whereas the UPC has gained 501c7 nonprofit status with a defined leadership infrastructure which provides an accountable representation of the interests of the Pickleball community; and Whereas the City of Ukiah may obtain or dedicate funds with the express purpose of creating pickleball specific facilities, and Whereas the City of Ukiah and the UPC agree that keeping all donations in a single fund is mutually beneficial. Now, therefore, the City of Ukiah and UPC agree to establish a Ukiah Pickleball Court Fund to be used for the conversion of an existing tennis court or the building of one or more new pickleball courts under the following terms and conditions: 1. All funds raised for the purpose of creating pickleball specific facilities will be kept in dedicated, restricted accounts by the City of Ukiah. 2. The funds placed in these accounts will be restricted for the express and exclusive purpose of facilitating and or creating pickleball specific courts. 3. The City will maintain a chart of accounts for this project No. 18403, PICKLEBALL in a designated capital project fund. Preliminary accounts established are included in Attachment A. The City’s Finance Director may create, change, or eliminate certain accounts or funds used to account for these activities and resources based on need but will maintain appropriate accounting of these activities until the project is completed, cancelled by UPC, UPC dissolution or loss of status as a 501c7 non-profit, or when funds are exhausted with no stated intention by UPC of replenishment. 4. If the project is cancelled by UPC, UPC ceases to exist, or UPC loses permanently its 501c7 non-profit status, any remaining funds for this project will be donated to the City for unrestricted use in City park development not exclusive to pickleball. 5. The City will monitor the Ukiah Pickleball Fund's financials, encompassing both the City's contributions and those from donors. The City's contributions may comprise in-kind assets, including, but not limited to, the use or donation of personnel, capital assets (land, equipment, vehicles, buildings, improvements), rights-of-way, other City property and facilities, transfers from other funds, and donations. 6. The City will provide Ukiah Pickleball Court financial reports to the UPC upon request. 7. Ukiah Pickleball will maintain all necessary records on individual volunteer donations and provide receipts and gift acknowledgements as requested by donors as deemed necessary by the Club. The City will COU No. 2324-214 Page 2 of 3 maintain such records within the scope of its most recent documents retention and destruction policy. A copy of which can be obtained from the Ukiah City Clerk upon request. 8. Ukiah Pickleball will provide the City of Ukiah with an annual donor report including the donor and donation amount. 9. Use of Ukiah Pickleball funds will be restricted for pickleball infrastructure unless mutually agreed to otherwise by the City and the UPC. 10. If no progress has been made in pursuit of improved Pickleball infrastructure by January 1, 2028, the restriction on any unexpended and unencumbered funds and financial resources may be changed to include non-infrastructure Pickleball expenses with written notification from UPC. 11. UPC may request, with concurrence by the City’s Finance Director, changing the restriction on these funds at any time, including unrestricting them upon written notice to the City. 12. The City and UPC will comply with all federal, state, and local laws, ordinances, and generally accepted accounting principles as may be applicable in performing under this Addendum to the MOU. 13. The Term of this Addendum shall commence on ____________ 2024 and shall continue until ______________ 2034 or until the court conversion is complete. City of Ukiah Ukiah Pickleball Club President ________________ ________________________ Date Date ATTEST; ______________________________ City Clerk APPROVED AS TO FORM; _____________________________ __________________________________ City Attorney Ukiah Pickleball Representative IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate original the day and year first above written. Darcy Vaughn (Sep 27, 2024 14:07 PDT) Darcy Vaughn Sep 30, 2024 Kristine Lawler (Sep 30, 2024 11:19 PDT) Kristine Lawler COU No. 2324-214 Page 3 of 3