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HomeMy WebLinkAboutLa Liga Deportiva - Road 48 Soccer Complex Field Use Agreement - Youth-Teen DivisionCity Pasco 2023 MEMORANDUM OF AGREEMENT r ParlrsandRec ROAD 48 SOCCER COMPLEX - Adult Soccer League(s) - Agreement #: REC23-013 The City of Pasco has rented the soccer fields at Road 48 for sports league use for many years. For the 2023 soccer season (April 22-October), the fields are desired by various youth and adult leagues. In order to ensure the recreational opportunity for the several hundred soccer players and to avoid an improper monopoly of a public facility, the city has determined to divide the field playing time between the leagues for the 2023 season. To effect the city's decision, the parties to this agreement, La Liga Deportiva, hereinafter referred to as "La Liga", and the City of Pasco, hereinafter referred to as "City", agree to the following provisions for the 2023 adult soccer league season. 1. Official Communication: For any official written communication between the City and La Liga, the following Names and addresses will be used: La Liga Deportiva (La Liga) For the Youth/Teen Division Attn: Raul Castellanos Address: 2020 E. Parkview Blvd. Pasco, WA 99301 Phone number: 509-492-7896 Email: olandaa i 7mail.com 2. Field Time: City of Pasco - Recreation Attn: Brent Kubalek Address: 525 N. Third Ave Pasco, WA 99301 Phone number: 509-545-3456 Email: kubalekb(q�pasco-wa.gov a. For recreational training and friendly game play all fields at the Road 48 soccer complex will be rented as a whole and not on an individual field basis. b. From May 6 — Sept 30 La Liga will be assigned field hours as follows (with'/2 hour set up and cleanup time before and after): i. 5.5 hours — Saturdays 9:00 am — 2:30 pm at Rd 48 c. La Liga must adhere to their assigned setup and breakdown times. d. If it is determined that La Liga is 5.5 using the complex outside their allotted time, La Liga will be billed at a rate of $65/hour for each hour of unauthorized use. 3. Fees: a. Reservation Fees i. Reservation fees shall be as follows: 1. 5.5 hours: $99 per week ii. In general reservation fees shall be paid on a monthly basis and shall be due no later than 4:00pm on the 20th day of the preceding Month (i.e. Fees for May are due by 4:00pm on April 20`h, etc.). The payment for May's field use due on Wednesday, April 20th as outlined. 1. If payment is not received by the deadline a $50 late fee will be charged. When the 20th of the month falls on a weekend or Holiday, payment shall be due by 4:00pm the next business day. iii. Reservation fees are day specific. If the fields are not used the paid fees are forfeited and cannot be transferred in whole or in part to a different day. Memorandum of Agreement — Rd 36 Soccer iv. In the event one or more fields are not available on the date(s) previously reserved and the closure is approved by the city recreation office, the reservation fee(s) previously paid, for use of the respective date(s), shall be refunded to the respective league or transferred to a new date. b. Field Painting i. An initial Field setup and Painting fee of $250 per field will be paid by La Liga, The City Parks crew will then paint the soccer fields every other week throughout the season. ii. Extra Field Painting can be requested and will be billed to La Liga at a rate of $85 per field. 4. Insurance: a. La Liga shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the League's operation and use of the leased premises. The City shall be named as additional insured on La Liga's Commercial General Liability insurance policy. b. Minimum Amounts of Insurance. La Liga shall maintain the following insurance limits: i. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: i. La Liga's insurance coverage shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of La Liga's insurance and shall not contribute with it. ii. La Liga's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. e. Verification of Coverage. La Liga shall furnish the City with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of La Liga. 5. Equipment and Maintenance Requirements: La Liga must... a. Provide its own nets b. Collect its own trash c. Follow all park rules as set forth in the specific rental contract. d. Clean the complex (all fields, spectator areas and parking areas) at the end of the reservation periods of each day (7:30 pm on Saturday; 1:00 pm on Sunday). e. Manage the use of the public parking areas during its reservation period to ensure exits/entrances are kept clear and emergency vehicle access is maintained. La Liga is prohibited from charging parking fees of any kind in and around the Rd. 36 soccer complex. If it is discovered that La Liga is charging parking fees this use agreement will be immediately terminated. 6. Vendors: Vendors are not permitted on the grounds or in the parking lot except as permitted individually by the City of Pasco recreation office. Any other vendors, as per city code, must remain at least 300 feet (Length of a football field) away from any and all entrances to the park. It is expected that La Liga Deportiva and La Liga's other field supervisors will help to enforce this rule. Memorandum of Agreement — Rd 36 Soccer 2 7. Participant and Spectator Conduct: La Liga hereby promises to take all reasonable precautions to avoid fighting, assault, vandalism or other forms of violence while using the facility. La Liga is responsible for enforcing this rule among all participants and spectators, and all other facility users during their respective rental times. Failure to do so may result in the termination of this agreement by the city. 8. Trash Pick-up: As the renter of the facility it is La Liga's responsibility to ensure the fields are free from debris before they vacate the facility. Cleanliness of the facility will be verified by the field monitor. 9. Portable Toilets: Portable toilets will be placed at the facility for use by participants and spectators during La Liga's specified rental times. The toilets will be placed on a regular service schedule. It is the responsibility of La Liga's director to inform the city if it appears a service date has been missed and the toilets need additional attention. a. If La Liga determines they have a need above and beyond the portable(s) onsite provided by the city, La Liga has permission to order up to two additional portables onsite that they may keep locked when not onsite but must unlock during La Liga's scheduled use time at the fields. 10. Use of Fields for Practice: The Road 48 Soccer Field Complex is a scheduled use facility. As such all use must be scheduled through the Recreation offices. If a team wishes to use Rd 36 Soccer Fields for practice then they must obtain a rental agreement and pay for use of the fields at the city recreation office. It is the duty of La Liga's director to communicate this to all teams within his league. Failure to do so could result in a breach of this agreement and result in the league forfeiting their use of the fields for the remainder of the season. 11. Other Terms and Conditions: Apart from the terms listed above, La Liga hereby agrees to abide by and enforce all regular Pasco Playing Field Terms and Conditions, listed in Appendix A. Memorandum of Agreement accepted by: La Liga Zach I&kai Pascd'ACS Director Memorandum of Agreement — Rd 36 Soccer 3 z3 Date Date APPENDIX A General Terms & Conditions for All Pasco Playing Fields Signer of this contract assumes all responsibility for this event, including knowledge and adherence to all facility rules and regulations. To ensure a smooth event it is required that you inform other event planners, committee members, caterers, etc, of all applicable policies. Full disclosure of event setup, decorations & activities is required; failure to do so may result in a forfeiture of your deposit. 2. Reservation times are strictly adhered to. Please do not arrive earlier or stay later than our reservation time. Set up and clean up of your event must be within your reserved time. Initial C 3. Groups are responsible for setting up, cleaning up, and leaving the facility as they found it. This is a do-it-yourself facility; custodial service is not provided. Customer will be responsible for any damage to the premises as the result of licensee's use, over and above normal wear and tear. 4. Upon completion of the rental period, staff will inspect the premises. If there has been damage to the premises or if the cleanup obligations have not been met, the City may seek reimbursement as may be necessary to make repairs or accomplish the cleanup. 5. All rental requests must be made at least 10 business days or more in advance of the requested rental date. A facility supervisor might be required to host your rental, if so they must be secured before your rental can be finalized. Payment in full is due at time of reservation. 6. Alcoholic beverages and/or appearance of intoxication are not allowed at any City of Pasco Park. 7. Water balloons are not allowed in any City of Pasco Parks. 8. Gambling of any form is not allowed at City of Pasco Facilities or Parks. 9. Boisterous conduct and profane language shall not be permitted on City of Pasco premises. 10. All pets must be on a leash under 6 feet in length and owners must pick up after their animals. No pets allowed inside the Pasco Softball Complex. 11. Group size is subject to verification by on -site staff. 12. Use of live and/or amplified music (includes bull horns, boom boxes, etc.) is subject to written approval by the City of Pasco in advance (10 days prior notice is required), and may be subject to additional City permit requirements. 13. Children must be monitored at all times and renters are responsible for the conduct of their guests. Memorandum of Agreement — Rd 36 Soccer 4 14. No generators, inflatable jumping equipment, or any other special equipment rentals are allowed. Any exceptions must be requested in writing when rental request is made and written approval must be given by the City of Pasco. 15. The City of Pasco reserves the right to require a certificate of liability insurance naming the City of Pasco as additionally insured at the time and location of the event. This certificate must be attached to contract. 16. The City of Pasco reserves the right to cancel this reservation if it should conflict with a city program or if the facility becomes unavailable due to required maintenance. 17. Refund and cancellation policy: a. More than 30 days notice of cancellation 100% less a $10 processing fee. b. Less than 30 day notice before event date. No refund. c. All deposits if required will be returned for refunds and cancellations. Changes to rental policy: d. Any changes requested more than 7 business days in advance of the event date are subject to a $10 processing fee. e. No changes less than 7 business days prior to event date. !� Initial 18. Disturbance of the grounds is prohibited. There is no staking, digging, rutting, or other means of disturbance allowed in any City of Pasco Park. 19. If when you arrive at the facility you have problems and need to speak with a city staff person you will need to call our office during working hours (Mon -Friday 8:00 am to 5:00pm) after working hours you will need to call non- emergency dispatch at (509-628- 0333) and have them contact the Parks and Recreation on -call staff. Memorandum of Agreement — Rd 36 Soccer 5 LIGAEXP-01 JAN( CERTIFICATE OF LIABILITY INSURANCE DATE 4/2012023 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). _ PRODUCER C NTACT Basin Pacific Insurance &Benefits 6816 W Rio Grande Ave, Ste C120 JANco,Nr o, Exp: (509) 735-7506 jaC, Nol:(509) 491-3322 Kennewick, WA 99336 -AEi%ARILEss:jhanson@basinpacific.com INSURE S AFFORDING COVERAGE NAC # INSURER A:Philadelphia Indemnity Insurance Company INSURED INSURER B: United States Fire Insurance Company LIGA DEPORTIVA DE FUTBOL TRI CITIES WA INSURERC: 2020 PARK VIEW INSURERD: Pasco, WA 99301 INSURER E ; f INSURER F : CAVFRArFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRWVD A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE i OCCUR X X pHPK2402925 4/29/2023 412912024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 MED EXP (Any onePerson) 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY DPEcT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OPAGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY 1 AUTNOSSVyN AUTOS ONLY A�TOS ONLY COMBIINEeD SINGLE LIMIT $ BODILY INJURY Per person $ INJURY Per accident $ BODILY PeOr aaltle^t MAGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE PHUBB10933 4/29/2023 4/2912024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ DIED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ 8AFa SER/M In NHj EXCLUDED? rY If yes, describe under DESCRIPTION OF OPERATIONS below NIA A PER OTH- �STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT B Accident & Disabilit US1833292 4/29/2023 4/29/2024 Participant Accident I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured on this policy 25,000 City of Pasco Parks and Recreation 1300D N Oregon Ave Pasco, WA 99301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PI-AS-010 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED: OWNERS AND / OR LESSORS OF PREMISES, LESSORS OF LEASED EQUIPMENT, SPONSORS OR CO - PROMOTERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This policy is amended to include as an additional Insured any person or organization of the types designated below, but only with respect to liability arising out of your operations: 1. Owners and / or lessors of the premises leased, rented, or loaned to you, subject to the following additional exclusions: a. This insurance applies only to an "occurrence" which takes place while you are a tenant in the premises; b. This insurance does not apply to "bodily injury" or "property damage" resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and / or lessor of the premises; c. This insurance does not apply to liability of the owners and / or lessors for "bodily injury" or "property damage" arising out of any design defect or structural maintenance of the premises or loss caused by a premises defect. With respect to any additional insured included under this policy, this insurance does not apply to the sole negligence of such additional insured. 2. Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s) subject to the following additional exclusions: a. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. Sponsors 4. Co -Promoters Page 1 of 1