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HomeMy WebLinkAbout5.D.1. Agreement for Youth Sports Association Affiliation with the City of Shakopee S: D. 1 CITY OF SHAKOPEE MEMORANDUM g q W� To: Mayor and City Council Mark McNeill, City Administrator From: Jamie Polley, Director Parks, Recreation and Natural Resources Sherry Dvorak, Recreation Supervisor Meeting Date: July 20, 2010 Subject: Agreement for Youth Sports Association Affiliation with the City of Shakopee INTRODUCTION City Council is asked to approve an amended agreement between the City and the youth sport associations that are affiliated with the City of Shakopee. The original agreement, approved in December 2003 and updated in December 2004, details the responsibilities of both the City and the 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. • • 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. Since 2004, the services that associations request of the City have changed. For example, some associations now utilize their own websites and use on -line registration. Therefore, they do not rely on the City to handle their registration process. Staff has met with the leadership of the various youth sports associations to discuss updates to the agreement. These updates include: • Allowing the use of association specific registration forms. These forms are required to contain the City Waiver and Data Privacy Information. • Creation of one level of service by combining the standard and enhanced services that were highly utilized and eliminating services that were not utilized. • Addition of two add - services that associations may utilize for an additional participant fee. • Clarification 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. REQUESTED ACTION If Council concurs, move to adopt the revised 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 , 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 "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: 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 non- resident fees information, 371576v4 MJM SH155 -23 1 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. 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 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, 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., 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 copying services for distribution of flyers, iii. Schedule facility use for ASSOCIATION, including priority use for Independent School District #720 facilities, 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 meeting space for annual meeting, vi. Prepare billing for CITY services (including, but not limited to registration fees) , and vii. Coordinate annual meeting for all sports association officers. 371576v4 MJM S13155 -23 2 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 ii. Develop practice and game schedules. 4. The ASSOCIATION will compensate the CITY for services provided per the following fee schedule: a. Standard Services: i. For a sports activity occurring from September 1 to May 31: $15 per participant. ii. For a sports activity occurring from June 1 to August 31 ( "summer "): 1. $10 per participant. 2. When the same participant registers for a subsequent camp or lesson in the same sport during the same summer, the fee for that participant is $3. 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 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, 37] 576v4 MJM SH155 -23 3 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, 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 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. 371576v4 MJM SH155 -23 4 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, 2012, 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 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 SH155 -23 5 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 "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: 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 non- resident fees information, 371576v4 MJM SH155 -23 1 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. 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 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, 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: 1. Promote ASSOCIATION in brochures and Independent School District #720 flyers, ii. Develop flyers and provide copying services for distribution of flyers, iii. Schedule facility use for assesiationsASSOCIATION, including priority use for Independent School District #720 facilities, 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 meeting space for annual meeting, vi. Prepare billing for CITY services (including, but not limited to registration fees) , and vii. Coordinate annual meeting for all sports association officers. 371576v4 MJM SH155 -23 2 • 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 ii. Develop practice and game schedules. 4. The ASSOCIATION will compensate the CITY for services provided per the following fee schedule: a. Standard Services: i. For a sports activity occurring from September 1 to May 31: $15 per participant effective August 1 , 2O1•8,,. ii,. For a sports activity occurring from June 1 to August 31 ( "summer "): multiple registrants. $10 per participant 2. When the same participant registers for a subsequent camp or lesson in the same sport during the same summer, the fee for that participant is $3, b. Add -on Services: An additional $2.50 per participant will be charged for each Add -on Service provided. D, Facility Usage: Facility rental fees are waived for direct ASSOCIATION activities: except that: Facility rental fees are not waived for the Ice Arena facility, and c -. Facility Usage: Facility rental fccs arc waived for dircct ASSOCIATION activities, except that Ice Arena facilityFacility rental fees are not waived when CITY incurs staffing costs for facility use during non - scheduled staff times. d. Special Hockcy related Provisions. Where ASSOCIATION is the Shakopee Hockey Association fccs arc waived duc to 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 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 371576v4 MJM SH155 -23 3 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 prepectyproperties, 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 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, 371576v4 MJM SH155 -23 4 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, 2012, 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, 129 Holmoc1255 Fuller Street - South, Shakopee, MN 55379 1328.55379. 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 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 City Clerk Mayor City Administrator 371576v4 MOM SH155 -23 5 ASSOCIATION Its: President 371576v3 MJM 81I155 23 371576v4 MJM SH155 -23 6