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HomeMy WebLinkAbout15.A.2. Sports Association Agreement / S. fJ · J.., . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Sherry Dvorak, Recreation Supervisor Meeting Date: December 16, 2003 Subject: Sport Association Agreement INTRODUCTION City Council is asked to approve the proposed agreement between the City and youth sport associations wishing to be affiliated with the City of Shakopee. The agreement is a formal agreement that details the responsibilities of both the City and the associations.(See Attachment A) As part of the agreement, City Council is also asked to approve the use of the Shakopee Police Department to perform criminal history background checks on volunteers working with the City affiliated sports associations. BACKGROUND In 2001, the Parks and Recreation Advisory Board initiated a series of formal meetings with all youth sports association and clubs that serve the community. The initial intent was to learn how these associations conducted their business and identify ways to ensure consistency between associations. During the course meeting with the associations, several key issues arose: . What relationship the City has to associations . Liability coverage for association activities. . Selection processes for traveling teams . Worker's compensation rules . Criminal history background checks for volunteers. . Multi-Sport Associations The City's goal was to develop an agreement that would outline the relationship between the City and each association, and clarified the services and expectations for both. Listed below are some the key issues that needed to be clarified before an agreement could be written. Liability Insurance An issue that needed to be clarified at the start of the process was liability insurance. Some associations were under the impression that the City's liability insurance covered their associations programs. In reality, this was not (nor ever has been) the case. Staff received clarification from Ellen Longfellow, attorney with the League of Minnesota Cities on what alternatives the City had in its relationship with the associations related to insurance. According to Ms. Longfellow, the City had three options: 1. Associations become City activities: City assumes liability for the activities and activities are covered under the City's insurance. 2. Associations remain non-profit organizations, but operate as an instrumentality of the City (City controls the Association's budget and operations): City assumes some liability and associations must be specifically named on the City's insurance policy to be covered. 3. Associations remain non-profits, totally separate from the City: City assumes no liability (unless negligent) and associations must supply their own insurance coverage or waivers, but can contract with the City for administrative services and/or use of City's property. (Current relationship) There was consensus from the City Council to support the current relationship with the associations (and the level of service the City provides), but acknowledged that it would be beneficial to clarify the relationship. In addition, the City Council also recognized the amount of volunteer time and commitment it takes for these programs to be a success. The City's liability would come into question only if there was a willful and wanton negligence on the City's behalf. If a participant is injured (and there is no apparent negligence) the participant's personal medical insurance would be avenue for covering costs associated with treatment. In order to help protect the association from the participant's medical insurance from naming them responsible, the association could provide their own liability coverage. According to the proposed agreement each association would need to provide a certificate of general liability insurance naming the City as additionally insured in the amount of $1,000,000. This general liability coverage would serve to protect and indemnify the City from any and all claims for injuries or damages occurred or incurred by virtue of associations activities. Some associations are already affiliated with regional or national programs that provide this type of insurance for them. For the associations that do not currently have this insurance, information was given to how they can purchase this type of insurance. Background Checks Another key issue that had to be resolved was that of criminal history background checks being performed on association volunteers. Significant concerns about logistics of a background check program, including who interprets the results, how to maintain confidentiality and what costs would be involved needed to be addressed. Several options were discussed as to how this could best be accomplished. Attachment B provides a summary of potential background check options.(See Attachment B) The Parks and Recreation Advisory Board reviewed these options and recommended that the associations consider option C, where the Police Department conducts the background checks and the Parks and Recreation Department administers the process. Staff is looking for approval of having the Shakopee Police Department performing the criminal history background checks beginning January 1, 2004. Criminal history background checks would be obtained for volunteer coaches and board members. Staff has developed a process in which these background checks would be performed and administered. Under this procedure the Shakopee Police Department would perform the background check, and the City would bill the association $6 per background check. A database of all checks completed would be kept at the Recreation Office in order to maintain accurate records. If a parent or other adult coaches more than one sport, only one check would need to be performed. At the end of each calendar year, staff will send a bill to each association for the amount owed for these checks. This would allow two or more associations to split the cost of a background check for a coach that has been involved in multiple coaching duties. Attachment C is the consent form and policy association volunteers would need to complete prior to the start of their coaching duties. It would be the responsibility of the association to distribute and collect all forms and forward onto the Park and Recreation Department. When all forms are collected, staff would then forward them into the Shakopee Police Department. Criminal history checks would be based on the criteria set forth in the Minnesota Statute 299C Child Service Worker Act. (See Attachment C) If a volunteer were found to have any of the listed crimes listed on their history, it would automatically disqualify them as a volunteer. Workers Compensation Coverage Each sport association would need to determine on their own if their organization should provide workers compensation coverage. Staff has provided each association a five- factor test to determine if someone is an independent contractor or an employee. Future Discussions At the last meeting between the City and representatives of the sport associations, there were a few of them interested in the possibility of forming a multi-sport association that would help in administering some of the major issues such as liability insurance, background checks and finances. Staff will be meeting with the interested parties to see if we can help develop an organization that would best fit their needs. REQUESTED ACTION If Council concurs, move to: 1. Adopt the Agreement for Youth Sports Association Affiliation with the City of Shakopee. 2. Authorize the use of the Shakopee Police Department for completing criminal history background checks as needed. AGREEMENT FOR YOUTH SPORTS ASSOCIATION AFFiliATION WITH THE CITY OF SHAKOPEE THIS AGREEMENT made and entered into this day of ,20----, by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY", and , hereinafter referred to as "ASSOCIA TION"; and WITNESSETH: WHEREAS, the CITY has constructed and operates facilities within its Parks and Recreation System which are made available for a multitude of active and passive recreation and education activities; and WHEREAS, the CITY recognizes that the ASSOCIATION provides sports related activities through a non-profit enterprise, utilizing the services of numerous volunteers; and WHEREAS, the ASSOCIATION will be a significant user of facilities the CITY operates, as well as those facilities operated by Independent School District #720, which the ASSOCIATION has access to through the CITY; and WHEREAS, that it is determined to be in the best interest of the citizens of the CITY and to work cooperatively with the ASSOCIATION as much as possible so as to reduce the tax burden of the CITY and for the benefit of the citizens of the CITY; and WHEREAS, the CITY will recognize and affiliate with only one association, club, or team (in instances where the participation level only requires one team) representing each sport, and if such a case exists where another association requests to be the CITY-affiliated association, the Parks and Recreation Advisor Board will be the governing body to review such requests and provide a recommendation to City Council; and NOW, THEREFORE, it is hereby agreed by and between CITY and ASSOCIATION as follows: 1. In order to be recognized as the designated CITY-affiliated sports association, the ASSOCIATION must: a. Provide a comprehensive program that serves all skill levels, from recreation/instructional to competitive. b. Be a non-profit organization where the articles of incorporation are filed with the State of Minnesota. c. Have participation guidelines. d. Serve the interests of the citizens of the CITY to the best of their ability. 2. The ASSOCIATION will fulfill the following requirements in conducting their day-to-day business: a. Develop and submit selection procedures and participation guidelines for competitive programs. b. Use a standardized registration form provided by the City, which contains the City's participant waiver. c. Provide coaches training. d. Conduct background checks on all coaches and association representatives. e. Provide verification of non-profit status, bylaws, and an annual financial report to the City. f. Develop and use democratic procedures to fill board roles. g. Hold an annual meeting and notify all participants. h. Institute a parent, coach, and participant code of conduct program. i. Develop and use written procedures in handling grievances. j. Conduct program evaluations and submit a season-end evaluation, to be reviewed by the Park and Recreation Advisory Board. k. Submit written requests for major facility improvements or additions by May 1 of each calendar year. This information will be considered by staff and the Parks and Recreation Advisory Board and, if approved, included in the operating budget or CIP request. If an ASSOCIATION wishes to conduct their own facility improvements, they must obtain written permission from the CITY prior to commencing work. All facility improvements become property of the CITY once complete, except for storage facilities as outlined in 5.i. I. Attend an annual meeting conducted by the City to discuss association activity. (Additional meetings may be called as needed.) m. Provide supervision of participants before, during and after activities. 3. The CITY will provide certain services to the ASSOCIATION. The service level chosen will be the decision of the ASSOCIATION: a. Standard i. Promote association in catalog, Independent School District #720 flyers, newspaper, and cable TV. ii. Schedule facility use for associations, including priority use for Independent School District #720 district facilities. iii. Provide support during the season in day-to-day administrative issues. In some cases, mediate grievances between association and participants. iv. Provide one bulk mailing per calendar year. v. Provide free meeting space for annual meeting. vi. Prepare billing for CITY services. vii. Coordinate annual meeting for all sports association officers. b. Enhanced (includes Standard services) i. Act as a clearinghouse for participant questions and answers. 2 ii. Provide one additional bulk mailing for associations. iii. Assist in preparing administrative documents, such as bylaws, annual reports, etc. iv. Develop flyers and provide copying services. v. Accept and process registrations in department's software system. Produce rosters for associations. vi. Develop practice and game schedules. 4. The ASSOCIATION will compensate the CITY for services provided, per the following fee schedule*: a. Standard Services: $10 per participant; $12 per participant effective April 1, 2004. *Shakopee Hockey Association fees are waived due to Ice Arena rental payments. b. Enhanced Services: $16 per participant; $18 per participant effective April 1 , 2004. c. Facility Usage: Facility rental fees are waived for direct association activities, except for Ice Arena use and when staffing costar are incurred during times when staff are not already scheduled. 5. The CITY will provide storage for ASSOCIATION equipment and supplies, if the CITY deems adequate storage space is available. This availability is limited and does not guarantee storage space to all CITY-affiliated sports associations, nor does it guarantee any specific amount of storage space. In some cases, the CITY may work with Independent School District #720 to obtain storage space for ASSOCIATIONS. Storage shall adhere to the following requirements: a. The ASSOCIATION agrees to request, in writing, equipment storage space through the City's Parks and Recreation Department. Each request shall state the type and quantity of items to be stored. The ASSOCIATION further agrees to store only ASSOCIATION-owned property in the storage area. No personal property may be stored on CITY premises. b. The ASSOCIATION agrees to assume responsibility for all contents stored in designated storage areas. c. The ASSOCIATION agrees to make no alterations of or additions to the premises without the prior written approval of the City. d. The ASSOCIATION agrees to designate one representative that will act as the ASSOCIATION'S liaison in coordinating the use of storage facilities with the City. The ASSOCIATION'S designated liaison will be responsible for controlling access keys or security codes, and for the overall security of the storage area. e. The CITY agrees to inventory and issue key(s) and/or security codes to the ASSOCIATION'S designated liaison. If keys are used to access the storage area, the ASSOCIATION agrees to request the number of keys needed and maintain a list of individual(s) who have been given keys. The ASSOCIATION further agrees to not duplicate keys. If security codes are used to access the storage area, the ASSOCIATION agrees to maintain a list of all individual(s) who have been given the security code. f. The ASSOCIATION agrees to not assign the storage area, or any part thereof, to 3 another organization without prior written approval from the City. g. The CITY agrees to provide the necessary maintenance and repair to the storage space for CITY-owned facilities. h. The CITY reserves the right to change locks and/or security codes, when deemed necessary. i. If the ASSOCIATION desires to provide or construct their own storage facilities on either CITY or Independent School District #720 property, the ASSOCIATION must obtain written approval from the respective organization. In addition, the ASSOCIATION is responsible for necessary maintenance and repair to the storage facility. 6. That it shall be the responsibility of the CITY to 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 for said facilities in accordance with the CITY'S policy for maintaining such insurance on other facilities owned by the CITY. 7. The ASSOCIATION 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, employees, and volunteers 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 ASSOCIATION, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by the ASSOCIATION. 8. The CITY shall conduct their activities so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the ASSOCIATION and all of its officers, agents, employees, and volunteers 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. 9. The CITY and ASSOCIATION agree to provide liability insurance to protect and indemnify the each other from any and all claims for injuries or damages occurred or incurred by virtue of the CITY or ASSOCIATION'S activities. The ASSOCIATION agrees to provide a certificate of insurance showing proof of general liability in the minimum amount of $1,000,000 per occurrence. The required insurance certificate must name City of Shakopee, its officials, agents, employees, and volunteers as additional insured's. 10. If ASSOCIATION hires employees as part of doing business, the ASSOCIATION shall determine the need for workers' compensation coverage. 11. The CITY and ASSOCA TION 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, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY and ASSOCIATION agree to hold harmless and indemnify 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. 12. That while ASSOCIATION is using a CITY or Independent School District #720 facility pursuant to the terms of this Agreement, the ASSOCIATION 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 Independent School District #720. Furthermore, that while ASSOCA TION is using any of the CITY or Independent School District #720 facilities pursuant to the terms of this Agreement, the ASSOCIA TON shall be responsible for control 4 of participants and spectators who attend such scheduled events. 13. This Agreement shall be valid through December 31, 2005, and may be modified through mutual agreement or dissolved by written 90-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 90-day notice by either party. 14. 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 ASSOCIATION Mayor President City Administrator Its: City Clerk ................................................................................................................................................................................................................................................................................................................................. 5 City of Shakopee Affiliated Sports Association Volunteer Background Check Policy As the subject of a City of Shakopee and Affiliated Sports Association Volunteer Background Check, you have the following rights: 1. To be informed that that City would request this check for becoming or continuing as a volunteer. 2. To be informed of the response to the background check, to obtain a copy of the background check and to have a chance to respond in the case of negative information. 3. To obtain a copy of any record that forms the basis for the report. 4. To challenge the accuracy and completeness of any information contained in the report. 5. To be informed if the City or Affiliated Association has denied your application or the continuation of your appointment because of the response to the background check. 6. To not be required to pay the cost of the background check. Data privacy requires that we inform you that you do not need to provide this information, however, if the information is not provided, the City of Shakopee or the Affiliated Association will no longer consider your application for volunteering. Any omission or false representation by your will result in rejection of your application or if not discovered after you are selected, the termination of your appointment to the position. BACKGROUND CHECK CRIMES (under Minnesota Statutes Chapter 299C & the Minnesota Criminal Code) Murder - Manslaughter - Felony level Assault - Any Assault crime committed against a minor - Arson - Kidnapping - Criminal Sexual Conduct - Prostitution related Crimes, OR any of the following Child Abuse Crimes committed against a minor victim, constituting a violation of the following Minnesota Statute Sections: . Murder in the 1 st degree (609.185, (5) . Assault in the 1 st degree (609.221) - Assault in the 2nd degree (609.222) . Assault in the 3rd degree (609.223) - Assault in the 5th degree (609.224) . Solicitation, inducement and promotion of prostitution (609.224) . Receiving Profit Derived from Prostitution (609.322) . Other prohibited acts (609.342) . Criminal Sexual Conduct in the 1 st degree (609.342) . Criminal Sexual Conduct in the 2nd degree (609.343) . Criminal Sexual Conduct in the 3rd degree (609.344) . Criminal Sexual Conduct in the 4th degree (609.345) . Solicitation of Children to Engage in Sexual Conduct (609.353) . Malicious Punishment of a Child (609.377) - Neglect or Endangerment of a Child (609.378) . Controlled Substance Crime in the 1st degree (152.021, subd 1, {4}) . Controlled Substance Crime in the 2nd degree (152.022, subd 1, {5 & 6}) . Controlled Substance Crime in the 3rd degree (152.023, subd 1, {3, 4, 5 & 7}) . Controlled Substance Crime in the 4th degree (152.024, subd {2, 3 & 4}) . Or any act which constitutes a violation of abuse of maltreatment of a vulnerable adult under sections 609.221 to 609.23 to 609.235, 609.322, 609.242, 609.344, or 609.355 of the Minnesota Criminal Code. City of Shakopee Affiliated Sports Association Volunteer Consent for Release of Information Name: Address: City: State: Zip: Over 18 Years Old? Yes No Volunteer Position: Name of Association: Starting Date: Instructions: Complete this cover sheet and attached consent form and copy of identification to appropriate City Affiliated Association. Association will forward all materials to Shakopee Parks and Recreation, which will retain all original documents. Shakopee Parks and Recreation will notify association of any conflicts. Result: Pass Fail Date: City of Shakopee Affiliated Sports Association Volunteer Consent for Release of Information I authorize the Shakopee Police Department or its authorized assignee to conduct the following background check. This information will be used to determine my suitability for volunteering with the city-affiliated sport association. I understand that my continued volunteerism is contingent on receiving satisfactory results from this background check. I further understand that the Shakopee Police Department will use my Minnesota State Driver's License/Minnesota State Identification Card information given below to conduct an investigation of my background, which will include my driver's license status, driving history, and criminal history (if any) as directly related to the position for which I am volunteering. Volunteer's Signature: Date: THE FOLLOWING INFORMATION MUST BE COMPLETE. ALL SPACES MUST BE FILLED IN. Please give us your complete legal name (do not use initials) in the follOWing order: first name, middle name, last name: (First) (Middle) (Last) List any other complete names/aliases by which you have been know within the last ten years: uate or tslrtn l MOntn/ uate/ year: ----1----1_ Social Security Number: - Have you ever been convicted of any crimes listed on the back of this form? _Yes _No If yes, please attach a description of each crime for which you have been convicted including the city, state, date, specific crimes) for which you were charged and any other facts relating to the charge(s) or the conviction(s). Driver's License (copy information from license) # State Class _ Expires Name First Middle Last Address City/State/Zip Other State(s) in which you have lived: State Year State Year \S-?t. ~. ) ~\\~B~CN) Criminal History Background Check Options Option Plusses Minuses Approximate Costs Minnesota Bureau of . Checks conducted under the . Association would need to coordinate $8-$15 Criminal Apprehension Child Service Worker Act submission of consent forms. (BCA) . Specific criteria are checked for . Association would need to review determining eligibility. results and determine eligibility. . If criteria results in a positive . Payment needs to be included with check, determination of consent forms. eligibility is fairly easy. Independent Firm (e.g. . Established process. . Association would need to coordinate $13.50 Southeast Security . Checks are made based on submission of consent forms. (Would need to be Consultants) criteria developed by . Association determines disqualifiers NYSCA charter association. and verifies eligibility. organization. ) . Disputes are handled by firm. . Payment needs to be included with consent forms. Shakopee Police . Checks made by City staff. . City staff would be involved in $20-$50/hour* Department . Although association would determining eligibility, possibly creating need to coordinate getting the additional liability exposure for the consent forms, they could be City. dropped off at the Community . Staff would have a significant role in Center instead of mailing. coordinating and tracking the process . Checks could be made based the process. on criteria being used for City volunteers. *A recent run of approximately 70 City volunteer coaches cost our department approximately $400, or about $5.71/background check. However, most of the checks were done by a Community Service Officer at regular time. If a police officer or detective would run the checks or be asked to assist, the hourly rate increases substantially.