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Home My WebLink About15.A.1. Sport Associations Agreement Revisions-Soccer and Hockey IS. Pr. /~ CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council CONSENT Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Sherry Dvorak, Recreation Supervisor Meeting Date: December 21, 2004 Subject: Sport Association Agreement Revisions INTRODUCTION City Council is asked to approve an amended agreement between the City and youth sport associations that are affiliated with the City of Shakopee. The original agreement which was approved in December 2003 details the responsibilities of both the City and the associations. BACKGROUND In October 2004, the Shakopee Soccer Association (SSA) had an incident arise at their annual meeting and as a result of the incident it was brought to staff's attention that sections of the agreement were vague and non-specific. After the SSA's lawyer reviewed the agreement he provided some recommendations to staff to update the agreement with clear and concise language. Please note that the recommendations that were provided do not change the context ofthe agreement. Also, the Shakopee Hockey Association requested that the agreement for their association be changed to be more directed to how their relationship is with the City. There are several key differences between the Shakopee Hockey Association and the other city-affiliated associations. One key difference is that they are charged a facility rental fee rather than a per participant fee. They have not used the city services for registration or as an administrative clearing house as the other associations. The new agreement would closer reflect the relationship between the City and the association. Therefore, sections of the original agreement have been re-written to correct the vague language (See AttachmentA) and a second agreement was drafted specifically for the Shakopee Hockey Association (See Attachment B). REQUESTED ACTION If Council concurs, move to: 1. Adopt the revised Agreement for Youth Sports Association Affiliation with the City of Shakopee and to adopt the Agreement for Shakopee Youth Hockey Association Affiliation with the City of Shakopee. Aftttchmevt+ A 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-orofit corooration that provides soorts-related activities provides sports rolotod activities through :l non profit entorpriso, 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 coroorationorganiz:ltion 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. Complv with all reauirement of applicable law in fillina Board of Director positions.Devolop and use democratic procedures to fill board roles. g. Hold an annual meeting to inform participants of the activities of the Association over the past vear and plans of the Association over the upcomino year. nnd notify 011 pnrticipants. g. Institute a parent, coach, and participant code of conduct program. h. Develop and use written procedures in handling grievances. i. Conduct program evaluations and submit a season-end evaluation, to be reviewed by the Park and RecreationAdvisory Board. j. 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. k. Attend an annual meeting conducted by the City to discuss association activity. (Additional meetings may be called as needed.) I. 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. 2 b. Enhanced (includes Standard services) i. Act as a clearinghouse for participant questions and answers. 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 reque,st the number of keys needed and maintain a list of individual(s) who have been given keys. The ASSOCIATION further agrees to not 3 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 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, reasonable 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. 4 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 of participants and spectators who attend such scheduled events. 13. This Agreement shall be valid through December 31,2005, and may be modifiedthrough 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 IH+lACt11?1e.n-1 13 AGREEMENT FORSHAKOPEEYOUTH HOCKEY 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 through 3 non profit enterpriso, 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 corporation 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 for all participants and reauire a participant waiver. provided by the City, which contains the City's participant 'l/3iver. 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 fm board roles.Complv with . all reauirements 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 vear.and notify 311 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 orGIP 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.L 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 L 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 d3Y to day administr3ti':e issues. In some cases, mediate grievances between association and particip3nts. iV.Provide one bulk mailing per calend3r year. v-.-iii. Provide free meeting space for month Iv. ad hoc and annual meeting~. vi.Prep3re billing for CITY services. 2 viLCoordinate annu31 meeting for 311 sports association officers. b.Enh3nced (includes St3ndard services) LAct as a clearinghouse for particip3nt questions ~md anS'Ners. iLProvide one additional bulk m3i1ing for associations. iiLAssist in preparing administrative documents, such as bylaws, ~mnual reports, etc. iv.Develop flyers and provide copying services. v.Accept and process registrations in department's soft'I./are system. Produce rosters for associations. vLDevelop practice and game schedules. 4. The ASSOCIATION will compensate the CITY for services provided as part of the standard hourly Ice Arena rental payments., per the following foe schedule*: 3.Standard Services: $10 per p3rticipant; $12 per p3rticipant effective April 1, 2001. *Shakopee Hockey Associ3tion fees are waived due to Ice I\rena rent::tl payments. b.Enh3nced Services: $16 per participant; $18 per p::trticipant eff-ective April 1 , 2004. e-:.a. 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 3 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 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, reasonable 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. 4 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 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 gO-day notice by either party. The agreement shall automatically renew on an annual basis upon expiration of the initial term of the agreement, unless modified by mutual agreement or dissolved by written gO-day notice by either party. 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