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HomeMy WebLinkAbout5.D.2. Facility Use Agreement between Shakopee Area Catholic Education Center and the City of Shakopee s: D.;LJ CITY OF SHAKOPEE MEMORANDUM cn~;"~~~~'~T ?,,~u: .1~' ~ a~ To: Mayor and City Council Mark McNeill, City Administrator From: Sherry Dvorak, Recreation Supervisor Date: May 1, 2007 Subject: Facility Use Agreement between Shakopee Area Catholic Education Center and the City of Shakopee INTRODUCTION This agenda item seeks review and approval of an agreement between Shakopee Area Catholic Education Center and the City of Shakopee for shared facility use. BACKGROUND Prior to the construction of the SACEC campus and the 1 ih Avenue Sports Complex, the City and SACEC entered into a Joint Powers Agreement concerning the access roads off of Independence Drive and 1 ih Avenue and the shared responsibilities of the well construction. When construction of the SACED campus and the soccer fields were complete, representatives from the City and SACEC met to discuss usage of each organization's facilities. The outcome of the discussions is the proposed Facility Use Agreement. During the timeframe of drafting this agreement, input was taken from the Parks Division regarding the additional maintenance of the outdoor facilities that is included in the agreement. The proposed agreement has the basic philosophy of providing access to activity space for each organization at no charge (except where noted). This relationship will be advantageous to both organizations by providing shared access to facilities. Without shared access, there would be a lack of activity space for both the City and SACEC activities. In addition to City programs, several city affiliated sports associations gain access to SACEC facilities through this agreement. It should be noted that this is a facility use agreement and it is different that the current Joint Powers Agreement that the City has with Shakopee School District #720. The Joint Powers Agreement gives priority use of all City and School District facilities to the other party. In this proposed facility use agreement, only certain City facilities are included and SACECactivities will be scheduled after City activities and Shakopee School District #720 activities. A draft of the facility use agreement was recommended for approval by the Parks and Recreation Board in September 2006; however, the SACEC Board did not approve the draft as written at their October 2006 meeting. SACEC's reasoning for not accepting the agreement as' originally written was they wanted the agreement to state that SACEC had priority use for field 7 at the 1 ih Avenue Sports Complex. However, the City currently has an agreement with Independent School District #720 that grants them pr!ority usage of City facilities. Since that time, representatives from the City and SACEC have discussed the issue and have come to what both parties feel is an acceptable compromise to the priority usage of field 7. To ensure the City has flexibility in the rotation of field sizes for the entire complex, usage will not be listed as only Field 7. A specific field will be allocated to SACEC on an annual basis. An annual meeting between representatives of the City and SACEC will meet to discuss facility needs for the year. Should the City not be able to allocate a field to SACEC because the growth of the Shakopee Soccer Association dictates use of all fields, the agreement will be re-negotiated or dissolved as written by written gO-day notice by either party. This may impact the City's future use of SACEC facilities so it would be in the best interest of both organizations to cooperate in the use of their facilities. The Shakopee Parks and Recreation Advisory Board recommended approval of the agreement at the March 2007 meeting, and the SACEC Board approved the agreement at their April meeting. RELATIONSHIP TO VISION D. Vibrant, Resilient, and Stable REQUESTED ACTION If City Council concurs, move to authorize execution of the Facility Use Agreement between Shakopee Area Catholic Education Center and the City of Shakopee by appropriate city officials, pending final review by the City Attorney. FACILITY USE AGREEMENT BETWEEN SHAKOPEE AREA CATHOLIC EDUCATION CENTER AND THE CITY OF SHAKOPEE THIS AGREEMENT made and entered into this day of , 2007, by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY", and Shakopee Area Catholic Education Center, 2700 1ih Avenue East, hereinafter referred to as "SACEC"; and WITNESSETH: WHEREAS, the CITY has constructed and operates facilities within its Parks and Recreation System that are made available for a multitude of active and passive recreation and education activities; and WHEREAS, SACEC has constructed similar facilities and operates among other education programs and activities, a physical education program, extra curricular activities programs, and athletic programs; and WHEREAS, the CITY operates recreational facilities that will be made available to SACEC at: 1 ih Avenue Sports Complex Muenchow Fields Riverview Park Tahpah Park Schleper Stadium Shakopee Community Center and; WHEREAS, SACEC operates educational and recreational facilities that will be made available to the CITY at: Shakopee Area Catholic Education Center Shakopee Area Catholic Education Center Fields and; WHEREAS, that it is determined to be in the best interest of the citizens of the CITY and SACEC to provide for the shared use of facilities as much as possible so as to reduce need to duplicate facilities, which results in a cost savings to both the CITY and SACEC; and; WHEREAS, the CITY has agreements with CITY-affiliated youth athletic associations that would allow those CITY-affiliated youth athletic associations access to SACEC facilities under the terms of this agreement; and; WHEREAS, the CITY and the SACEC acknowledge in consideration of this Agreement certain existing, further and additional agreements and activities and understandings may be reached from time to time by CITY and SACEC for use of lands and properties and the maintenance of the same. WHEREAS, the CITY acknowledges that SACEC is a religious based campus and therefore activities will not be scheduled at SACEC facilities that would be in conflict with SACEC's religious teachings. Likewise, SACEC acknowledges that the CITY will not promote any religious based activities on CITY facilities. NOW, THEREFORE, it is hereby agreed by and between CITY and SACEC as follows: A. GENERAL CONDITIONS 1. That it is understood and agreed by and between CITY and SACEC that unless otherwise specified in this agreement that personal property of the CITY situated on or within CITY facilities and SACEC shall at all times during the term of this Agreement be the property of the CITY and the responsibility of the CITY. Correspondingly, personal property of the SACEC situated on or within CITY facilities and SACEC facilities shall at all times for purposes of this Agreement remain the property of the SACEC and the responsibility of the SACEC. 2. The CITY shall keep CITY facilities pursuant to the terms of this agreement insured for fire, windstorm and extended coverage and maintain a policy of general liability insurance coverage in the minimum amount of $1,000,000 per occurrence, and the SACEC shall be named as additionally insured. 3. The SACEC shall keep SACEC facilities pursuant to the terms of this agreement insured for fire, windstorm and extended coverage and maintain a policy of general liability insurance coverage in the minimum amount of $1,000,000 per occurrence, and the CITY shall be named as additionally insured. 4. The CITY shall conduct their activities so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the SACEC and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the CITY, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by the CITY. 5. The SACEC shall conduct their activities so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the SACEC, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by the SACEC. 6. The CITY and SACEC agree to comply with the Americans with Disabilities Act and not to discriminate on the basis of disability in the admission or access to its services, programs, or activities. Upon request, reasonable accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY and SACEC agree to hold harmless and indemnify the each other from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA for their respective facilities, programs, or services. 7. That while SACEC is using a portion of CITY facilities pursuant to the terms of this Agreement, SACEC agrees to comply with the policies for use, operation and supervision of the facility as established by the CITY and such other policies as established by SACEC. That while the SACEC is using any of the CITY facilities pursuant to the terms of this Agreement, the employees and agents of the SACEC shall be considered employees and agents of the SACEC. Furthermore, that while SACEC is using any of the CITY facilities pursuant to the terms of this Agreement, SACEC shall be responsible for control and safety of participants and spectators who attend such scheduled events. 8. That while the CITY is using any of the SACEC facilities pursuant to the terms of this Agreement, CITY agrees to comply with the policies for use, operation and supervision of the facility as established by the SACEC. That while the CITY is using any of the SACEC facilities pursuant to the terms of this Agreement, the employees and agents of the CITY shall be considered employees and agents of the CITY. Furthermore, that while the CITY is using any SACEC facilities pursuant to the terms of this Agreement, CITY shall be responsible for control and safety of participants and spectators who attend such scheduled events. g. The CITY and SACEC mutually agree that they will provide individuals to supervise programs 'to be conducted upon the premises to be utilized. The facility owner and user shall determine the method and degree of supervision necessary to ensure public safety. The facility user shall provide adult supervision when program participants are on the facility premises. 10. This Agreement shall be valid through December 31, 2010, and may be modified through mutual agreement or dissolved by written gO-day notice by either party. The agreement shall automatically renew on an annual basis upon expiration of the initial term of the agreement, unless modified by mutual agreement or dissolved by written gO-day notice by either party. B. FACILITY MAINTENANCE AND OPERATIONS 1. That it shall be the responsibility of the CITY to keep and maintain CITY facilities in a good order and repair except as otherwise provided in this agreement. 2. That it shall be the responsibility of the SACEC to keep and maintain SACEC facilities in good order and repair except as otherwise provided in this agreement. 3. SACEC does hereby agree to maintain and cover all costs associated with the provision of facilities located on SACEC property except as otherwise provided in this agreement. Correspondingly, the CITY does hereby agree to maintain and cover the costs associated with the provision of facilities located on City property except as otherwise provided in this agreement. 4. The CITY and SACEC do hereby agree to the following special facility maintenance and operation considerations: CITY RESPONSIBILITIES: a. Annually provide restroom facilities (portable or permanent) at CITY facilities as needed for CITY or SACEC activities. If additional restroom facilities are needed for CITY special events, the CITY shall be responsible for those costs. b. Maintain CITY athletic turf used for SACEC activities at a height not to exceed 2.5 inches. c. Drag ball fields and paint lines on SACEC and CITY property during the SACEC and CITY baseball/softball season as needed based on the CITY's criteria for field maintenance and available CITYstaffing resources. d. Deposit and grade ag lime on SACEC fields as needed, based on the CITY's criteria for field maintenance and available CITY staffing resources. e. Trim grass edges around SACEC infields as needed based on the CITY's criteria for field maintenance and available CITY staffing resources. f. Additional staffing costs incurred for the maintenance and operation of CITY facilities for SACEC activities shall be the responsibility of the SACEC during times when CITY staff is not already scheduled. Costs will be billed on January 1 and July 1 of each calendar year. SACEC RESPONSIBILITIES: a. Annually provide restroom facilities (portable or permanent) at SACEC facilities as needed for SACEC and CITY activities. If additional restroom facilities are needed for SACEC special events, SACEC shall be responsible for those costs. b. Maintain SACEC athletic turf used for CITY activities at a height not to exceed 2.5 inches. c. Reimburse CITY for supplies associated with maintenance supplies including ag lime, paint, etc. d. Additional staffing costs incurred for the maintenance and operation of SACEC facilities for CITY activities shall be the responsibility of the CITY during times when SACEC staff are not already scheduled. Costs will be billed on January 1 and July 1 of each calendar year. C. FACILITY USE AND SCHEDULING 1. The CITY does hereby agree to allow SACEC use of CITY facilities after CITY and Independent School District #720 are scheduled at the following locations: Muenchow Fields Riverview Park Tahpah Park Schleper Stadium Shakopee Community Center 2. Although the CITY has a joint use agreement with Independent School District #720 for priority usage of CITY facilities, it is not anticipated that the entire 1ih Avenue Sports Complex will be scheduled by Independent School District #720 at a given time; therefore the CITY does hereby agree to allow SACEC priority scheduling of one field. at the 1 ih Avenue Sports Complex. In the unlikely event of the Independent School District #720 requests use of the entire 1 th Avenue Sports Complex, the CITY will negotiate with both the Independent School District #720 and SACEC for facility usage that is agreeable to all parties involved. 3. SACEC does hereby agree to allow CITY priority scheduling and use of SACEC facilities after SACEC activities are scheduled. 4. The CITY and SACEC shall issue contracts and/or permits for use of facilities under their jurisdiction. Once contracts and/or permits for use are issued, use shall be considered confirmed. Changes to these contracts and/or permits shall only be made if space is available and change is agreeable to all parties involved. 5. The following procedures shall be used for scheduling facilities: INDOOR SACEC FACILITIES: a. CITY must submit a facility request form to the SACEC at least three weeks prior to the proposed activity. b. SACEC will issue a use permit once the activity and facility use is approved. c. Re-quests for changes should be submitted seven days in advance. d. Annual facility requests must be submitted for priority consideration by July 1 for Fall activities, January 15 for Spring activities, and September 15 for Winter activities. OUTDOOR SACEC FACILITIES a. SACEC will convey responsibility for scheduling outdoor SACEC athletic facilities to the CITY. If a request for use of an outdoor SACEC athletic facility is unique or special, the CITY will contact SACEC for approval prior to scheduling. The SACEC may also require a special use permit and insurance for the activity. INDOOR AND OUTDOOR CITY FACILITIES a. SACEC must submit a facility request form to the CITY at least three weeks prior to the proposed activity. b. The CITY will issue a use permit once the activity and facility use is approved. c. Requests for changes should be submitted seven days in advance. d. Annual facility requests must be submitted for priority consideration by July 1 for Fall activities, January 15 for Spring activities, and September 15 for Winter activities. 6. The CITY and SACEC mutually agree to share usage of each others parking facilities for recreational sports programs, teacher conferences, special event and or church related activities. Proper notification of such events shall be coordinated by the Parks and Recreation Office and SACEC's Administration. This Agreement shall be interpreted under the laws of the State of Minnesota and the covenants, stipulations and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto and may be amended if necessary to comply with statutory or regulatory requirements that may be required of the parties. IN WITNESS WHEREOF, the parties hereto have caused these presence to be executed the day and year first above written. CITY OF SHAKOPEE By: Its: By: Its: By: Its: SHAKOPEE AREA CATHOLIC EDUCATION CENTER By: Its: By: Its: