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HomeMy WebLinkAbout4.E.3. Youth Sports Association Agreement Renewal Consent Business 4. E. 3. SHAKOPE F TO: Mayor and City Council FROM: Sherry Dvorak, Recreation Supervisor DATE: 10/20/2015 SUBJECT: Youth Sports Association Agreement Renewal (D, F) Action Sought City Council is asked to approve an amended agreement between the City and the youth sports associations that are affiliated with the City of Shakopee. Background In 2001, the Parks and Recreation Advisory Board initiated a series of formal meetings with all youth sports associations 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. The outcome of these meetings resulted in the approval of the Agreement for Youth Sports Association Affiliation with the City of Shakopee in 2003. The Agreement was updated and approved in 2004 and 2010. Since 2010, the services that associations request of the City have changed. For example, associations now formulate their own schedules based on the facilities that are allocated to them each season. Therefore, they do not rely on the City to create their practice and game schedules. Staff has met with the leadership of the various youth sports associations to discuss updates to the agreement. These updates include: •Requiring the implementation of concussion training in addition to providing general coaches training. •Eliminating the City service of developing practice and game schedules. •Increase the per participant fee from $15 to $17. •Updates on participant fees for summer camps/lessons. •Language updates as requested by City Attorney. The relationship between the City and the youth sports associations continues to be strong and healthy. The revisions to the existing agreement will maintain this relationship with each of them into the future. Relationship to Vision B. Positively manage the challenges and opportunities presented by growth, development and change. F. Housekeeping Item. Requested Action If Council concurs, move to adopt the revised Agreement for Youth Sports Association Affiliation with the City of Shakopee. Attachments: Agreement for Youth Sports Association Affiliation with the City of Shakopee AGREEMENT FOR YOUTH SPORTS ASSOCIATION AFFILIATION WITH THE CITY OF SHAKOPEE THIS AGREEMENT made and entered into this day of 20by 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"ASSOCIATION";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 is a Minnesota non-profit corporation that provides sports-related activities 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 Advisory Board will be the governing body to review such requests and provide a recommendation to the City Council;and NOW, THEREFORE, it is hereby agreed by and between the CITY and the 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 corporation where the articles of incorporation are filed with the State of Minnesota, c. Have participation guidelines,and d. Serve the interests of the citizens of the CITY to the best of its ability. 2. The ASSOCIATION will fulfill the following requirements in conducting its day-to-day business: 371576V4 fiN 59155-93 1 a. Develop and submit selection procedures and participation guidelines for competitive programs, b. Use a registration form, which contains the CITY's participant waiver and nonresident fees information, c. Provide coaches training and implement concussion training and education to coaches, 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. Comply with all requirement of applicable law in filling Board of Director positions, g. Hold an annual meeting to inform participants of the activities of the ASSOCIATION over the past year and plans of the ASSOCIATION over the upcoming year, notifying all participants by email and posting meeting notice on website mail of date,time and location of meeting. The CITY shall receive a copy of the meeting notice, 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 its own facility improvements, it 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.j., I. Attend an annual meeting conducted by the CITY to discuss association activity. (Additional meetings may be called as needed.),and m. Provide supervision of participants before,during,and after activities. 3. The CITY, with the cooperation of the Independent School District #720, will provide certain services to the ASSOCIATION. a. Standard Services include the following: i. Promote ASSOCIATION in brochures and Independent School District #720 flyers, ii. Develop flyers and provide black and white copying services for distribution oH (Formatted:Indent Left 0.98",Hanging: 0.27" flyers, iii. Schedule facility use for ASSOCIATION,including priority use for Independent School District#720 facilities, 351556v4 HM 5H155-23 2 iv. Provide support during the season in day-to-day administrative issues, including in some cases, mediating grievances between ASSOCIATION and participants, v. Provide free(when available)meeting space for annual and monthly meetings, vi. Prepare billing for CITY services(including,but not limited to registration fees) ,and vii. Coordinate annual meeting for all sports association officers. b. The following additional Add-on Services are also available in addition to the Standard Services listed in paragraph a above: i. Accept and process registrations in CITY's software system and produce rosters for the ASSOCIATION,and 4. The ASSOCIATION will compensate the CITY for services provided per the following fee schedule: a. Standard Services: i. For eachasports activity:___-'-: :•- _-: -••:_ : • _ _ :$175 per participant. ii. For a sports camp activi :___- •- :•• __•_ - _••••: 1. $10 por participant. 2. Whon tho same participant rogictors for a subsequent camp or lesson b. Add-on Services:An additional$2.50 per participant will be charged for each Add- on Service provided. c. Facility Usage: Facility rental fees are waived for direct ASSOCIATION activities; except that: i. Facility rental fees are not waived for the Ice Arena facility,and ii. Facility rental fees are not waived when CITY incurs staffing costs for facility use during non-scheduled staff times. d. Where ASSOCIATION is the Shakopee Hockey Association, Ice Arena rental payments shall be paid in lieu of the fees described in this paragraph. 5. If the CITY, in its sole discretion, determines that adequate storage space is available, then the CITY will provide storage for ASSOCIATION equipment and supplies("Storage Space").Storage Space is limited,and the CITY does not guarantee Storage Space to all CITY affiliated sports associations nor does the CITY guarantee any specific amount of Storage Space. The CITY may work with Independent School District #720 to obtain 3115]6v4 HJE 59155-23 3 Storage Space for the ASSOCIATION. The ASSOCIATION's use of Storage Space provided pursuant to this Agreement shall adhere to the following requirements: a. The ASSOCIATION agrees to request, in writing, Storage Space through the CITY's Parks and Recreation Department. Each request shall state the type and quantity of items to be stored, b. The ASSOCIATION further agrees to store only ASSOCIATION-owned property in the Storage Space. No personal property may be stored in the Storage Space, c. The ASSOCIATION agrees to assume responsibility for all contents stored in the Storage Space, d. The ASSOCIATION agrees to make no alterations of or additions to the Storage Space without the prior written approval of the CITY, e. The ASSOCIATION agrees to designate one representative that will act as the ASSOCIATION'S liaison in coordinating the use of the Storage Space 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 Space, f. 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 Space, 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 Space,the ASSOCIATION agrees to maintain a list of all individual(s)who have been given the security code, g. The ASSOCIATION agrees to not assign the Storage Space, or any part thereof, to another organization without prior written approval from the CITY, h. The CITY agrees to provide the necessary maintenance and repair to the Storage Space for CITY-owned facilities, i. The CITY reserves the right to change locks and/or security codes,when the CITY deems it necessary,and j. If the ASSOCIATION desires to provide or construct its own storage facility on either CITY or Independent School District #720 properties, then the ASSOCIATION must obtain prior written approval from the respective organization. Thereafter, the ASSOCIATION is responsible for necessary maintenance and repair to its storage facility. 6. For those facilities used by the ASSOCIATION, the CITY shall maintain fire, windstorm, and extended coverage insurance, and CITY shall 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 its 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 3"11576v1 H.M S1115'_-23 4 the ASSOCIATION, its agents, officers, employees,volunteers, patrons, or any persons associated with or served by the ASSOCIATION. 8. The CITY shall conduct its 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 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 an additional insured. 10. The ASSOCIATION shall comply with all workers compensation laws and all other local, state,and federal laws and regulations. 11. The CITY and ASSOCATION agree to comply with the Americans With Disabilities Act (ADA)and not to discriminate on the basis of disability in the admission or access to its services, programs, or activities. The CITY and ASSOCIATION agree to hold harmless and indemnify each other for 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. While the 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 the Independent School District#720. Furthermore, while the ASSOCATION is using any of the CITY or Independent School District#720 facilities pursuant to the terms of this Agreement,the ASSOCIATON shall be responsible for control of participants and spectators who attend such scheduled events. 13. This Agreement shall be valid through December 31,20182,and may be modified through mutual agreement or dissolved by written 90-day notice to either party. The Agreement must be re-signed whenever the ASSOCIATION elects a new president.The Agreement shall automatically renew on an annual basis upon expiration of the initial term of the Agreement,unless modified or dissolved as provided in this paragraph. 14. Any notice, request, or other communication provided pursuant to this Agreement by a party to the other party to this Agreement shall be sufficiently given or delivered if sent by first class mail, postage prepaid,or delivered personally,as follows: a. To CITY: Director, Parks and Recreation Department, City of Shakopee, 1255 Fuller Street,Shakopee, MN 55379. b. To ASSOCIATION: 15. 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 371576,1 NJN 3E115-23 5 if necessary to comply with statutory or regulatory requirements that may be required of the parties. 16. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date written above. CITY ASSOCIATION Mayor President City Administrator Its: City Clerk 371576v4 MJM..H155-23 6