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HomeMy WebLinkAbout5.A.2. Request from Shakopee Lacrosse Association to become a City-Affiliated Youth Sports AssociationDate: November 9, 2010 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeil, City Administrator From: Sherry Dvorak, Recreation Supervisor Subject: Request from Shakopee Lacrosse Association to become a City - Affiliated Sports Association 0 • a - INTRODUCTION The City Council is asked to consider a request from the Shakopee Lacrosse Association to accept them as a City - Affiliated Sports Association giving them the same support services as other youth sports organizations in Shakopee. BACKGROUND In 2009, Shakopee Lacrosse began offering lacrosse for boys in high school. They operate as a club, meaning that the Shakopee School District does not recognize them as a high school sport as they do basketball or football. Because of this, they requested assistance from the City for use of facilities. Through our Joint Powers Agreement with the Shakopee School District, staff allocated space at the Middle School. Since they are not a City - Affiliated Association, they City charged Shakopee Lacrosse for the paint that was needed to layout and maintain their playing field. In 2010, Shakopee Lacrosse increased their offerings to include a Boys Varsity, Boys JV, Girls Varsity and Girls JV. Under the same agreement as 2009, the City assisted them in facility use and charged them back for supplies. They had access to the Middle School and also a field located southwest of the Community Center. During the course of the 2010 season, staff met with members of Shakopee Lacrosse to discuss the future of the sport in Shakopee. For them to continue receiving the support of the City, they were informed that they would need to become a City - affiliated association and be required to operate as such. Shakopee Lacrosse is now ready to proceed with the process of becoming a City - Affiliated Association. Attachment 1 is a copy of the newly adopted City - Affiliated Association Agreement. They plan to continue offering their 'club' level teams plus a 7 & 8 Grade Boys team, in addition they will start a youth program for grades 2 -4in the summer of 2011. Attachment 2 is a copy of the Shakopee Lacrosse Association's current by -laws. Representatives of the Shakopee Lacrosse Association presented their proposal in October to the Parks and Recreation Advisory Board. After a brief discussion, the Parks and Recreation Advisory Board recommends that the City Council approve Shakopee Lacrosse as a City - Affiliated Youth Sports Association, giving them the same support services as other youth sports organizations in Shakopee. BUDGET IMPACTS In 2011, all participants of City - affiliated associations pay a participant fee of $15. For associations that choose additional city- services the fee would increase to $17.50 or $20 per participant. In 2010, there were approximately 60 participants in lacrosse. With the additional 7th & 8 grade team and youth program, the program could grow to about +100 participants. For simplicity, the revenue that the City receives would be around $1500.00. (100participants X $15= $1500) Staff met with Bill Egan, Park Maintenance Supervisor, to discuss the implications to their budget and staffing. To add one lacrosse field, it costs a minimum of $1350.00 in supplies and staffing time. The Lacrosse Association will be responsible for purchasing and maintaining their own equipment such as goals, unless they are donated to the City. As with other youth sports associations, the City does not depend on user fees for the Park Maintenance Budget. The use fee is to cover administrative cost of the Recreation Budget. FACILITY IMPACTS In 2011, Shakopee Lacrosse is requesting the use of three fields. Staff has discussed possible site locations with John Janke, Activities Director and with Bill Egan. For the upcoming year, staff believes that the facility needs of lacrosse and other associations will be met within the City's park system and by using the School District facilities. A challenging factor is that field space is limited and in high demand. Other City - affiliated associations are expecting growth in their participant numbers for 2011 and beyond. The 17 Avenue Sports Complex will not be able to accommodate the number of fields in 2011 as in previous years due to concerns of turf conditions. Thus other locations will be utilized to accommodate the facility needs of soccer. The Joint Powers Agreement that we have with the School District, currently allows both the City and School District flexibility in facility usage. However, because of increased use by each other's programs, a time will come that the facilities will not be available because of the need for a facility to rest turf to be restored. RELATIONSHIP TO VISION B. Positively manage the challenges and opportunities presented by growth, development and change. D. Maintain, improve and create strong partnerships with other public and private sector entities. REQUESTED ACTION If City Council concurs, accept the Shakopee Lacrosse Association as a City - Affiliated Youth Sports Association and authorize the proper city officials to enter into the appropriate agreement. 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: 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, 311576v4 MJM SH155 -23 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, 1 g. 371576v4 MJM SH155 -23 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, 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. 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. 371576v4 MJN. SH155 -23 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, 3 g. 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 2H155 -23 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, 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 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. 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. CITY Mayor City Clerk 3"71576v4 KIM SH155 -23 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 Administrator 5 ASSOCIATION President Its: By -Laws of Shakopee Lacrosse Association A Not -For Profit Corporation ARTICLE I- ORGANIZATION AND AFFILIATION 1.1 The name of the organization shall be called Shakopee Lacrosse Association. 1.2 This organization is an Affiliate Member of the Minnesota Lacrosse Association (MLA). MLA is the is the regional chapter of US Lacrosse (USL) and the national governing body for both men and women's lacrosse. ARTICLE II- FISCAL YEAR 2.1 The fiscal year of Shakopee Lacrosse shall begin on the first day of January each year. ARTICLE III- PURPOSE 3.1 The purpose of this organization is to promote and develop the sport of lacrosse in Shakopee, Minnesota. Players by participating will learn the rules, skills, sportsmanship, teamwork and respect for coaches, officials and other players to make them a success. ARTICLE IV- MEMBERSHIP 4.1 Membership in this organization shall be open to adults and youth regardless of race, or creed who reside in the Shakopee area. 4.2 Members must adhere to all club codes of conduct. ARTICLE V- BOARD OF DIRECTORS 5.1 The Board shall consist of 8 members. It shall consist of the president, vice president, treasurer, secretary and 4 directors A. The president shall preside at all meetings of the Board and will have the powers and duties determined by the Board of Directors. B. The vice president shall preside at the board of directors in the absence of the president. The vice president shall exercise other duties and powers designated by the Board of Directors. C. The treasurer shall be the chief financial officer and the chief accounting officer. The treasurer will be in charge of financial affairs, funds, valuable papers and will keep full and accurate records. The treasurer may have other duties designated by the Board of Directors. ARTICLE VI- MEETINGS D. The secretary shall record and maintain records of all meetings of the members and Board of Directors. Minutes will be recorded and saved and be open for inspection by any member. A book shall be maintained including minutes, articles of organization, by -laws, names and addresses of all members and the Board of Directors. 5.2 The Board of Directors shall have full power to conduct, manage, and direct all of the business of the Shakopee Lacrosse Association. 5.3 The Board of Directors and officers shall not be personally liable for any debt, liability, or obligation. 5.4 The Directors and Officers shall be insured by the Directors and Operators Insurance policy. This policy will be reviewed and kept current annually. 5.5 Any Director or Officer can be removed, with cause, by a majority vote of the Board of Directors. Any Officer may resign by giving written notice to the Board of Directors, president or secretary. 6.1 Meetings are open. 6.2 Regular meetings shall be held by the Board of Directors. Time and place of meetings to be determined by the Board. Notice of the meeting shall be given via phone, e-mail, in- person and published on the web page. 6.3 Special meetings of the Board shall be held whenever called by the president. Notice shall be given via phone, e -mail, or in- person. 6.4 An Annual meeting of the membership shall be held in June of each year. ARTICLE VII- PLAYERS CODE OF CONDUCT- 7.1 In becoming a member of the lacrosse community an individual assumes certain obligations and responsibilities to the game of lacrosse and its participants. The essential elements in the "Code of Conduct" are HONESTY and INTEGRITY. Those who conduct themselves in a manner that reflects these elements will bring credit to the sport of lacrosse, themselves, their team, and the organization. It is only through such conduct that our sport can earn and maintain a positive image. The Shakopee Lacrosse Club has adopted this Code of Conduct for Player to read, understand and abide by. Play for Fun Above all, playing sports should be a fun experience. Learn the rules, abide by them and have fun. Team Participation Lacrosse is a team sport. Take pride in your team and contribute to the team's unity. Get along with you teammates and learn teamwork, sportsmanship, and discipline. Respect yourselves, your teammates, you coaches, the game officials, opposing player, coaches and all spectators. Do not criticize teammates play, the officials, coaches or opposing players. Do YOUR best and be a good sport on and off the playing field. Self - Improvement Practice a strong work ethic and work hard to improve you lacrosse skills. The only way to improve your skills is through practice. Be a good listener at practice and work hard to learn and execute every drill during practice. By improving your skills, you will become a better lacrosse player, and you will be able to make greater contributions to your team. Be on Time You should participate in all games and practices unless there is a valid reason for your absence. In order to have a successful team, every member must be committed. If you must miss a game or practice, you need to notify your coach in advance (valid reasons such as illness, school activity, religion class, etc. must be given. Be at the field at the time designated by your coach. You should be focused and ready to play. Show Respect Playing lacrosse is a PRIVILEDGE, not a right. Take pride in your behavior. Always, show consideration and respect to your peers, coaches, parents and lacrosse officials. Derogatory comments are unacceptable. Do not initiate or participate in any behavior that is dangerous or damaging to your own field or others that you visit. Student Athlete Lacrosse is an activity. You r education is important for you entire future. Therefore, it is extremely important that you maintain you schoolwork during the lacrosse season. The Shakopee Lacrosse Board encourages parents to require at least a "C" average and be passing all classes. We encourage parents to uphold this standard. If you are not maintaining satisfactory academic progress parent(s) or guardian(s) can choose to suspend you until satisfactory academic progress is demonstrated. Shakopee Lacrosse Club Student - Athlete Code of Conduct 1. I will treat my parent, coaches, teammates, game officials and property of others with the same respect that I would like to be treated. 2. I will practice and play to the best of my ability. 3. I will be on time (as assigned by the coach) to team events. 4. I will recognize lacrosse as a team sport and will put interests of the team over my own individual interests. 5. I will not criticize another teammate's play. 6. I will not criticize game officials, coaches, or opposing players. 7. I understand that only coaches are allowed to discuss calls with the officials. 8. I will conduct myself in a responsible manner (destructive or delinquent behavior, during or after a practice or game will not be tolerated. 9. I will not attempt to deliberately injure another player(s). 10. I will wear the Shakopee Lacrosse Club uniform with pride and treat it with respect. 11. During the entire season, the use of alcohol, tobacco, marijuana or other mood alter drug(s) is prohibited. During the season, I will not (a) consume a beverage containing alcohol, (b) use tobacco, including chewing tobacco, (c) us or consume, have in my possession, buy, sell or give away any other controlled substance defined by law as a drug. It is not a violation to be in possession of a controlled substance so long as a medical provider has specifically prescribed it for my own use and it is being used according to the prescription directions. 12. I understand that if I am suspended from school for disciplinary reasons, I shall not participate in ANY Shakopee Lacrosse Club function during the duration of the suspension. 13. I will maintain my schoolwork during the entire lacrosse season. If I do not I could be deemed academically ineligible at the discretion of my parent(s) or guardian(s). If I am academically ineligible I will be suspended from play until I demonstrate satisfactory academic progress. I will need to notify my coaches of my suspension in a private meeting with my parent(s) or guardian(s) and my coaches. 14. I promise to abide by Zero Tolerance Rule. I hereby pledge to treat myself, my parent(s) or guardian(s), coaches, teammates, and opponents with respect in my participation of Lacrosse by following this Code of Conduct. If I fail to uphold this Code I will be subject to disciplinary action by my coaches and/or the Shakopee Lacrosse Club Board. Athlete's Name Printed Athlete's Signature Date ARTICLE VIII - COACHES CODE OF CONDUCT I will enforce and support the Players Code of Conduct for coaches, parents, and players. I will refrain from publicly ridiculing or verbally abusing my child, other players, coaches, and officials. I will set a positive example and encourage good sportsmanship at all games. Positive cheering, clapping, and noise making is encouraged. I will place the emotional and physical being of my child and the team ahead of any personal desire to win. I will insist that my child play in a safe and healthy environment. I will help my child be on time for team events. I will demand a drug, alcohol and tobacco free sports environment for my child and agree by refraining from their use at all sports events. I will do my best to make lacrosse fun for my child. I will ask my child to treat other players, coaches, and officials with respect. I will refrain from coaching my child or other players during games and practices, unless I am one of the official coaches of the team. Let the coaches, coach. I will require that child's coaches be trained in the responsibilities of being a youth coach. I will attend parent meetings and be a supportive member of the Shakopee Lacrosse Club. I hereby pledge to provide positive support, care and encouragement for my child participating in Lacrosse by following this Code of Conduct. Parent/Guardian Signature Date ARTICLE IX — AMENDMENTS 9.1 These by -laws may be amended after the approval of the Board of Directors. ARTICLE X — DISSOLUTION OF THE ORGANIZATION 10.1 Upon formal dissolution, the net assets of the Organization shall be distributed to the President Date Vice President Date Secretary Date Treasurer Date