AGREEMENT UNITED CITY OF YORKVILLE YORKVILLE PARKS AND RECREATION DEPARTMENT and YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION

Transcription

1 AGREEMENT UNITED CITY OF YORKVILLE YORKVILLE PARKS AND RECREATION DEPARTMENT and YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION This agreement is made and entered into this 15 tl day of 1"1U!1J11M 2009, by and between THE UNITED CITY OF YORKVILLE an Illinois municipal corporat~'city"), and the YORKVILLE YOUTH BASEBALL / SOFTBALL ASSOCIATION, an Illinois not-for-profit corporation (the "Association"). WITNESSETH WHEREAS, the city is the owner of certain fields and parks (the "parks") which the Association wishes to utilize from time to time with the prior written permission from the city and the city wishes to accommodate the Association's use of the parks on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, it is mutually agreed by and between the parties hereto as follows: 1. Use of Parks by the Association. The city agrees to permit the Association to utilize certain parks designated by the city at those times that are mutually acceptable to each ofthe parties for a term commencing Aprill, 2009 and ending September 30, The parties agree that the Association's use of the parks designated by the city shall be nonexclusive. The Association's use of the parks designated by the city shall be subject to the city's ordinances, policies and direction of the city's officers and as otherwise hereinafter provided. Master Schedules must be submitted to the city for use of the fields, inclusive of rain dates by March 1,2009. Schedules will be approved by the city based on availability. 2. Use. The Association agrees to adhere to the approved athletic field reservation policy. Furthermore, by using the parks and fields of the city, the Association agrees to adhere to all city ordinances, use policies and procedures while in the parks and fields. 3. Fees. A fee equal to the amount of $1 0 per player for all registered players ofyybsa that use city owned fields and facilities shall be paid by YYBSA to the city according to the following payment schedule: 60% by March 1,2009, 10% by April 1, 2009, 10% by May 1, 2009, 10% by June 1,2009, and 10% by July 1, YYBSA registration records for 2009 shall be used to determine the total fee to be paid to the city, with said records being open for city review upon request. Fees for 2009 described herein shall be applied toward maintenance costs of the fields and facilities to be used by the Association in The fees exclude certain tournaments which have a separate fee structure.

2 The city Parks and Recreation Department agrees to inform the Association by September 30, 2009 of its intent to charge a maintenance fee for the 2010 season, its amount, and a date by which the fee must be paid in full.. The fee is to be applied toward the maintenance costs ofthe fields and facilities to be used by the Association in 2010, excluding certain tournaments which have a separate fee structure. The intent to charge this fee and its amount will be proposed in the 2010 Agreement between the city and the Association and is subject to approval by the City Council 4. Maintenance Standards. In agreeing to use the city parks the Association agrees to participate in completing the routine maintenance items while using the parks. Inspect the fields prior to use daily Litter control through daily collection when scheduled use by the Association Immediately reporting of any damages and/or maintenance concerns to the City. FURTHERMORE, The city agrees to prepare the fields/parks prior and throughout the season to maintain quality conditions for use. The city shall maintain the right to add, delete or modify maintenance procedures as deemed necessary. The responsibility of the common areas and turf will be the responsibility of the city unless otherwise identified 5. Insurance The Association shall maintain commercial general liability (CGL) and commercial umbrella liability insurance with a limit of not less than $2,000,000 for each occurrence. If such insurance policy contains a general aggregate limit, it shall apply separately to this Agreement. 1. Occurrence basis coverage. This CGL and umbrella insurance shall be written on an occurrence basis and shall cover liability arising from premises, operation, independent contractors, products-completed operations, bodily and personal injury, property damage, as well as liability assumed by the Association under this Agreement. 11. Additional insured. The city shall be named as an insured under the CGL and umbrella insurance using an additional endorsement to the city for claims arising out of or as result of this Agreement Waiver of subrogation. The Association waives all rights against the city for recovery of damages to the extent these damages are covered by the CGL or commercial umbrella liability insurance maintained pursuant to this Agreement. B. Delivery to city of certificates. Within 10 days from the start date of this Agreement, the Association shall furnish the city with copies of its current certificates of insurance documenting each such policy along with the additional insured endorsements required in this section.

3 C. Cancellation. All such insurance provided for herein shall be non-cancelable, except upon 30 days' prior written notice to the city, and shall contain the following endorsement (or its equivalent) and shall appear on the policies respective insurance certificates: It is hereby understood and agreed that this insurance policy may not be canceled by the surety or the intention not to renew be signed by the surety until 30 days after receipt by the city of Yorkville by registered mail of written notice of such intention to cancel or not to renew. D. No Limitation on liability. The minimum amounts set forth in this Agreement for such insurance shall not be construed as a limitation or satisfaction of the Association's liability, including indemnification, to the city under the Agreement as to the amount of such msurance. E. No Waiver. The failure or delay of the city at any time to require performance by the Association of any provision of this section, even if known, shall not affect the right of the city to require performance of that provision or to exercise any right, power or remedy under this Agreement, and any waiver by the city of any breach of any provision in this section shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. F. Primary coverage. The coverage shall apply as primary coverage with respect to any 0 other insurance or self-insurance program afforded to the city. There shall be no endorsement or modification of this coverage to make it excess over other available insurance / coverage; alternatively, if the CGL and umbrella, excess of reinsurance states that it is pro rata, it shall be endorsed to be primary with respect to the city. 6. Liability, Indemnification and Waiver A. Assumption of liability. Except as specifically provided by law or this Agreement, the city assumes no liability or responsibility for any injury to or death of any person or persons including officers and employees of the Association and participants in the Association's program and activities or any other person and assumes no liability or responsibility for any damage to property sustained by any person(s). In addition the Association will report all injuries to the city within 24 hours. B. Indemnification. To the fullest extent permitted by law, the Association will defend, indemnify and hold the city harmless from all claims arising directly or indirectly from or in connection with (i) the conduct or management of the programs and activities of the Association; (ii) any act, omission or negligence of the Association or any of its directors, officers, agents, employees, invitees or contractors of the Association; (iii) any accidents, injury or damage whatsoever occurring on or at the parks arising from, directly or indirectly, the use of the parks by the Association or any of its directors, officers, agents, employees, invitees or contractors, as well as participants in the Association's programs and activities except to the extent of any negligent or wrongful act or omission of the city. However, this limitation shall not in any way limit the Association's duty to defend the city. c. Defense of City. In the event any claims shall arise, the Association shall defend and pay any judgment or settlement against the city in such claims. The city shall tender the

4 defense to the Association. The Association and the city shall mutually agree to counsel to defend of such claims. The city, in its sole discretion, may participate in the defense of such claims at the Association's sole expense, but such participation shall not relieve the Association from its duty to defend and to pay any judgment or settlement against the city in such claims. Except where a settlement completely and forever releases the city from any and all liabilities without financial contribution by the city or its insurer, the Association shall not agree to any settlement of the claims without the city's approval. D. Waiver of defenses. In any and all claims against the city or any of its agents or employees the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for the Association under applicable law. The Association waives all defenses available to the Association which limit the amount of the Association's liability to the city. 7. No Alteration. The Association shall not make structural improvements, changes or alteration to the parks without first obtaining the written consent of the city. Any improvements to the parks will be through a donation to the city, and therefore become the property of the city. 8. No Assignment. The Association shall not assign its interest in this Agreement without obtaining the written consent and approval of the city. 9. Binding upon successors. This Agreement shall be binding upon the successors and assigns of the parties hereto. 10. Reimbursement for increased insurance costs. Any increase of insurance premium on the parks resulting for such use by the Association shall be paid for by the Association. 11. Integration of all terms into Agreement. This Agreement contains all of the terms, conditions and agreements between the parties hereto and no amendments, additions or changes hereto shall be valid unless attached hereto in writing and signed by the city and the Association. Failure to abide by the policies and rules set forth in this agreement could result in additional fees assessed to the Association and/or loss of privileges regarding the use of parks and fields. IN WITNESS WHEREOF, the parties hereto have, the day and year first above written, signed and executed this Agreement by virtue of authority given and granted by the respective corporate authorities of the parties hereto. THE UNITED CITY OF YORKVILLE By: ~t/all~):)~~~'js""",---=- ~~_ Mayor, United City of Yorkville

5 ~ ,. ' YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION BY: ~ President A~tJ: i( _ ~ Representative /08 DRAFT agreement.2009.doc

6 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT ATHLETIC FIELD RESERVATION POLICY The Athletic Field Reservation policy of the United City of Yorkville has been established to provide a systematic method by which athletic fields (baseball, softball and soccer) may be reserved by the residents of the community. A reservation is not required for athletic field use for occasional play or pick up games. For league play (which includes multiple days, or week play for both games and practices) a permit is required and will guarantee use for the dates and times specified on the pennit. Objective To provide maximum utilization of athletic fields through centralized scheduling To provide an impartial distribution of athletic fields to the various community groups who wish to reserve fields. To plan cooperatively with other community agencies to enhance individual and group recreational needs. To provide recreational activities which take into consideration the needs of the community. To provide the best possible maintenance of athletic fields using available manpower and monetary resources. RENTAL CATEGORIES Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E (Category B). Category F Private groups and individuals who do not fall into the predominately resident classification Business or corporations which are located outside of the United City of Yorkville boundaries. Athletic Field Use Priorities When scheduling reserved use of athletic fields, the following priorities shall be established: 1. United City of Yorkville Park and Recreation sponsored programs 2. Yorkville School District 3. Youth Leagues that have approved cooperative agreements with the City of Yorkville. 4. Other athletic programs within the community requesting to reserve an athletic fie1d(s) on a seasonal basis. 5. Private groups or individuals requesting to reserve an athletic fie1d(s) on a single or multiple dates. 6. Other 1

7 Resident groups (groups with 80% or more United City of Yorkville residents) shall be given priority over non-resident groups. The 80% residency requirement shall be calculated based on the total number of people using the field. Athletic fields may be used on a drop-in basis by any group or individual without a reservation on a first come first serve basis. Drop-in use is limited to 2 hours and does not include any organized league games. Groups or individuals with an approved reservation or permit and City programs will have priority use. In case of inclement weather, the United City of Yorkville Park and Recreation Department shall make the final decision regarding playability of all fields. Request for Athletic Field Reservation Organizations, groups and individuals desiring to reserve athletic fields shall complete the standard application for athletic field reservation. In addition, organizations, groups, and individuals shall be required to submit the following with the application form: A certificate of insurance - co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation The team roster(s) with addresses and signed waiver forms from each player or guardian. The Recreation Department may request additional information from the desired individual or groups if it is considered to be in the best interest of the City or necessary to make a decision regarding the use of a field. Reservation requests shall be approved beginning on the following dates: Spring Season (March - May) Summer Season (June - August) Fall Season (September - November) Tournament Schedule - beginning (due from YYBSA by Nov. 30 th ) March 1st April 15th July 15 th Dec. 1 st Holiday Maintenance Schedule It will be at the discretion ofthe Superintendent of Parks on a case by case basis as to the availability of field preparation on a holiday or holiday weekend. 2

8 TOURNAMENT ATHLETIC FIELD RESERVATION Any groups wishing to host a tournament shall have an approved athletic field reservation prior to submitting a bid to host a tournament. Applications for Tournament requests may be submitted beginning Dec. 1 st for the general public. The scheduling and approval is on a first come, first serve basis. A. MAJOR TOURNAMENTS Athletic field reservation requests for major tournaments shall be submitted beginning Dec. 1st. Major tournaments shall include, but are not limited to, national, regional and state tournaments. B. SMALL TOURNAMENTS Athletic field reservation requests for small tournaments shall be submitted in writing at least forty five (45) days prior to the tournament date, with a response from the Park and Recreation Department guaranteed at least thirty (30) days prior to the tournament date. Small tournaments shall include, but not limited to, city-wide or county tournaments. C. SPECIAL REQUESTS Any special tournament requests for any variances shall be submitted in writing along with the athletic field reservation request. Special tournament requests shall include, but are not limited to, use of field lights, fundraising activities, extended park hours use, use of a public address system, admission charges, additional bleachers, additional field maintenance, use of temporary fencing, and water or electrical access. D. PROCEDURE Written requests for tournament athletic field reservations and special requests shall be submitted to the Recreation Department according to the deadlines listed above. In addition, certificate of insurance, team rosters and signed waiver forms for each player participant shall be submitted to the Recreation Department at least one week prior to the tournament date. Athletic field reservation requests shall be approved by the Recreation Department. Special tournament and use requests shall be approved by the Park Board. The group or organization requesting the use of the fields for tournament use is responsible for all participant and players conduct while on the fields, park, surrounding areas including parking lot. All players attending a tournament or other uses of the athletic fields should adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES. Any violation of these policies can impact the current and future uses of all City fields and / or facilities. Furthermore, the group assumes all responsibility for the repair or replacement of damage as a result of misuse of the field, equipment or park amenities. 3

9 GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES No equipment or permanent signage will be added or installed to the park without the permission of the United City of Yorkville Park and Recreation Department. No ball hitting or pitching into fences or dugouts is allowed, with the exception oflight weight plastic practice balls. Each party will report any damage and or maintenance concerns to the park department immediately. Coordination of work involving the park department staff or use of the equipment will generally require a two-week notice, for scheduling purposes. Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed on the fields proper. All requests for use of fields, or parke s) must be in writing. Each group must complete a checklist ensuring that the fields are in acceptable condition after their scheduled use. This form must be turned into the Park and Recreation Department at the end of the season or maintenance obligation. Due to the scheduling or early setups for the other functions, all groups and organizations are requested to use only the area, field, or park that has been assigned to them. No group may meet in the United City of Yorkville parks that practices discrimination in any manner, or partisan political activities of any kind. Non-partisan public meetings and information forums are permitted. No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the premises. Failure to follow this rule will result in forfeit of deposit, assessed damage fees and privileges immediately. Recreation and Park Department staff as well as the Yorkville Police Department may be patrolling and monitoring the event at the discretion of the United City of Yorkville staff. Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. Damage or excessive litter may result in a loss of privileges and use. Groups may not use the fields or parks when the weather conditions are dangerous or when the field conditions are not acceptable. All groups must adhere to the inclement weather practice for field conditions; (no standing water, saturated turf conditions, or times when safety is a concern). Groups must adhere to all city ordinances, policies and procedures when using the facilities, parks and fields. (Sign Ordinance, Building Rental Policies, Lightening Prediction Policy, and weather warning alarm system, and any other city guidelines that pertain to the use of City Owned property). When ball field lights are utilized, a park and recreation department employee, tournament director, or the representative of a private rental, will be the designee for acquiring the key for the electrical box and turning lights on and off according to posted instructions and for unlocking and locking the bathrooms. The use of lights will require the payment of a fee to offset electrical costs. In addition, a refundable deposit may be required prior to the beginning of the season or event, which can be forfeited for unauthorized or inappropriate use of the lights. Lights may not be on past 10PM Sun. - Thurs., 10:30PM Fri., Sat. 4

10 ATHLETIC FIELD RESERVATION FEES A. Establishment The Park Board shall annually (based on fiscal year) recommend fees for the reserved use of athletic fields based on the premise that fees charged shall be used to partially offset the cost of maintaining and upgrading the city's athletic fields. Fees shall be established in the following categories: 1. Soccer Fields and football fields 2. Baseball and softball fields, daylight use 3. Baseball and softball fields, night use with lights[ 4. Resident, non-resident and commercial use fees 5. Single or multiple and seasonal use fees 6. Tournament use 7. Special use B. Resident / Non-Resident Users To qualify for resident fees a group shall consist of 80% or more residents of the United City of Yorkville, City boundaries. The 80% residency requirement shall be calculated based on the total number of players using the field, not just on the group requesting use of the field. Residency shall be determined based on the home address of the individuals as opposed to the business address or the address of other family members. The Parks and Recreation Department may waive the residency requirement if it is considered to be in the best interest of the City. C. Commercial Users Any group reserving an athletic field for profit making purposes shall be charged the commercial fee. D. Waiver of Fees to School District, private school groups, or youth organizations. Public and parochial schools that provide school facilities to the City of Yorkville at no charge shall have free reserved use of City athletic fields. These schools shall provide their own set-up of athletic fields including, but not limited to, lining, base set-up and hand raking. Should these schools wish to reserve an athletic field at night with lights, the established lighting costs shall be paid by the school. The Parks and Recreation Department may give consideration to the waiver or partial waiver of fees for youth organizations who are party to a cooperative agreement with the City. E. Payment of Fees Groups reserving an athletic field on a seasonal basis shall be billed by the Parks and Recreation Department with payment expected according to the following schedule: one half by the first usage date, and one half by the midpoint of the season. At the end of the season, adjustments will be made and either an additional billing or a refund of fees paid in excess will occur, whichever is necessary. A 20% deposit shall be required to guarantee the reservation. Groups or individuals reserving athletic fields on a single or multiple use basis, shall be required to pay the established fee at least two weeks prior to the date reserved. A pennit shall be issued upon payment ofthe fee. Tournament Fees shall be paid in full at the time of written request to secure the dates. 5

11 Payment of fees shall be made at the Parks and Recreation Department Administration Office 201 W Hydraulic St. (old Post Office). F. Security Deposit A security deposit will be required per event, tournament or program. The amount will be $100 per day (no lights) or $150 per day (with lights), to a maximum of$500. The deposit maybe forfeited for incidents such as, but not limited to, those described below: If an athletic field is damaged due to improper use by the group or individual and requires more than normal maintenance and/or repair to be restored to its original condition, the group or individual shall be charged the amount necessary to cover the cost of the required maintenance and/or repair. If the security deposit does not cover the cost of the damage, an additional charge will be assessed. The need for excess clean-up above and beyond normal use. Unauthorized or inappropriate use of lights. Barring an incident warranting the forfeiture of part or all of the security deposit, a full refund of the security deposit shall be paid within thirty (30) days following the event, program or league. G. Refund of Tournament Fees A tournament is considered one entity even though it may span multiple days. To receive a full refund ofthe tournament package the group or individual must provide written notification of cancellation to the Parks and Recreation Department at least eight weeks prior to the date reserved. To receive a 50 percent refund of the tournament package the group or individual must provide written notification of cancellation to the Parks and Recreation Department at least two weeks prior to the date reserved. To rcceive a fifty percent refund due to possible inclement whether the group or individual must provide written or verbal notification of cancellation to the Parks and Recreation Department by 4:00pm the day prior to the date reserved, for a multiple day tournament this would be the first day of the tournament. No refunds after the reserved day has arrived. Athletic Fees. Attached fee schedule. The fee schedule will be reviewed and adjusted annually based on fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the dty's athletic fields. All fees are subjected to changing without notice. 6

12 ATTACHMENT ATHLETIC FIELD RESERVATION POLICY Fiscal Year ATHLETIC FIELD RESERVATION FEES The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's athletic fields. All fees are subjected to changing without notice. Category A CategoryB Category C Category D Category E CategoryF Government and non-profit organization which are located within the United City of Yorkville. Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Business or corporations which are located within the United City of Yorkville boundaries. Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Private groups and individuals who do not fall into the predominately resident classification (Category B). Business or corporations which are located outside of the United City of Yorkville boundaries. DAILY FEES: (per field use) Ctg A CtgB CtgC CtgD CtgE 0-2 hours $10.00 $10.00 $20.00 $30.00 $ hours $15.00 $15.00 $25.00 $40.00 $ hours $20.00 $20.00 $30.00 $45.00 $ hours $25.00 $25.00 $35.00 $50.00 $70.00 CtgF $40.00 $50.00 $60.00 $70.00 Fees are based on a "per field basis" without usage oflights. PREPARATION OF FIELDS - additional fee Baseball / softball field prep - includes bases, fine dragging and lining (one prep per day). Weekday $35.00 per day per field Weekend $45.00 per day per field Soccer field prep - includes nets, lining of the field Initial Layout $ Weekly Fee: Large Field $ Size 100/70 Size 80 / 50 Medium Field $80.00 Size 60 / 40 Size 45/30 Small Field $60.00 Size 35 /25 Size 30 / 20 Lights - additional fee (minimum fee of 1.5 hrs per field for practices or games) 'Weekday $30.00 per hour per field Weekend $30.00 per hour per field 7

13 SPECIAL USE Water or electrical access $20.00 additional Must supply your own extension cords. Please reference the concession stand / vendor operation policy for special use request and tournaments. SEASONAL (Long Term) USE FEES: To be determined for each organization and the requests, per Athletic Reservation Fee Schedule. TOURNAMENT FEES: 2009 Baseball/ Softball Fields - Weekend Tournament Fees PACKAGE 1 Rental Fee $ Includes: Lights at Bridge Fields (available from 6:00pm to 10:00pm each night) Rental Time: Friday 4:00pm through Sunday 10:00pm. 3 Fields Fields will be prepared and lined each morning Friday, Saturday, and Sunday. Field will be dragged and lined before championship game. * Hours may be flexible with approval from the Recreation Dept. * Games will not start before 9:00am. * Additional field may be available for additional fee ($ per field). 8

14 APPLICATION FORM ATHLETIC FIELD RESERVATION UNITED CITY OF YORKVILLE PARKS AND RECREATION DEPARTMENT Reservation requests shall be approved beginning on the following dates: Spring Season (March - May) March lst Summer Season (June - August) April 15th Fall Season (September - November) July 15 th Tournament Reservations - begins Dec. lsi Please indicate type of Group requesting use of athletic field by circling the appropriate category Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). CategoryF Business or corporations which are located outside of the United City of Yorkville boundaries. Group or Individual Name Contact Person: Address Home Phone: Work Phone: FIELDS, DATE(s) / TIME(s) REQUESTED: Special Use requests (lights, concessions, water, electrical, other). In order complete the athletic field request, the following documents must be forwarded to the Recreation Department: A certificate of insurance with minimum coverage of $2,000,000 aggregate - co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation. The team roster(s) with addresses and signed waiver forms from each player or guardian. OFFICIAL USE Addition information requested Reservation Amount Deposit amount Date of Request Date Received Staff Initials Approved / Denied Refund Requested Field(s) Assigned 9