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HomeMy WebLinkAboutYMCA - Agreement No. REC23-011 Road 36 Soccer ComplexvsCity-f 2023 MEMORANDUM OF AGREEMENT SCO ROAD 36 SOCCER COMPLEX r Parks and Rec - Youth Soccer YMCA s - Agreement #: REC23-011 The City of Pasco has rented soccer fields at Road 36 for use by YMCA for many years. For the 2023 soccer season (April 22rd - October 28`h), the fields are desired by various youth and adult Soccer Organizations. In order to ensure the recreational opportunity for the several hundred soccer players, the city has determined to divide the field playing time between the Soccer Organizations for the 2023 season. To effect the city's decision, the parties to this agreement, YMCA and the City of Pasco, agree to the following provisions for the 2023 YMCA youth outdoor soccer season. 1. Official Communication: For any official written communication between the City of Pasco and the YMCA run soccer league, the following Names and addresses will be used: YMCA Address: 1234 Columbia Park Trail Richland, WA 99352 Phone number: 509-374-1908 Email: robAymcatricities.org OR SteveLdymcatricities.org 2. Field Time: City of Pasco Address: 525 N. Third Ave Pasco, WA 99301 Phone number: 509-545-3456 Email: kubalekb u asco-wa. jov a. For YMCA League and Tournament play, 3 fields at the road 36 soccer complex will be rented as a whole and not on an individual field basis. b. YMCA will be assigned field time as follows (with % hour set up and cleanup time before and after): i. Spring: Saturdays, April 22 —June 24, 8: 30am to 3: 00pm ii. Summer: Saturdays, July 15 —August 26, 8: 00am to 3: 00pm iii. NOTE: The above is the max allotment of time. The allocated time will be adjusted down according to the final number of teams in the league. c. YMCA must certify the final number of teams in their league by Monday, April 10 for Spring and by July 6. At which time allotted field time will be adjusted as needed. d. YMCA must adhere to their assigned setup and breakdown times. 3. Fees: a. Reservation Fees i. Reservation fees shall be as follows: 1. SPRING MAX ALLOTMENT: 3 fields (Fields 3a, 3b & 4) 6.5 hours each Saturday: $_143_ per week 2. SUMMER MAX ALLOTMENT: 2 fields (Fields 3a, 3b) 6.5 hours each Saturday: $ 77 per week 3. For each field hour reduction in final field allotment fee will be reduced by $11. ii. In general reservation fees shall be paid on a monthly basis and shall be due no later than 4:00pm on the 20`h day of the preceding Month (i.e. Fees for May are due by 4: 00pm on April 20`h, etc.). As there are only two available weekends in April, the first payment, for April's field use, will be due on Tuesday, April 11`h, 2023, with the second payment for May's field use due on Wednesday, April 20`h as outlined. Memorandum of Agreement — Rd 36 Soccer 1. If payment is not received by the deadline a $50 late fee will be charged. When the 20' of the month falls on a weekend or Holiday, payment shall be due by 4:OOpm 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. 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 YMCA or transferred to a new date. b. Field Painting Fees: i. In the event that field lines are needed an initial Field setup and Painting fee of $250 per field will be paid by YMCA. The City Parks crew will then paint the soccer fields every other week throughout the season as requested. ii. Extra Field Painting can be requested and will be billed to YMCA at a rate of $85 per field. 4. Insurance: a. YMCA 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 YMCA's operation and use of the leased premises. The City shall be named as additional insured on YMCA's Commercial General Liability insurance policy. b. Minimum Amounts of Insurance. YMCA 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. YMCA'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 YMCA's insurance and shall not contribute with it. ii. YMCA'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 A:VII. e. Verification of Coverage. YMCA 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 YMCA. 5. Equipment and Maintenance Requirements: YMCA 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 (2:00 pm on Saturday). 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. YMCA is prohibited from charging parking fees of any kind in and around the Rd. 36 soccer complex. Memorandum of Agreement — Rd 36 Soccer 2 If it is discovered that YMCA 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 YMCA and YMCA's other field supervisors will help to enforce this rule. 7. Participant and Spectator Conduct: YMCA hereby promises to take all reasonable precautions to avoid fighting, assault, vandalism or other forms of violence while using the facility. YMCA 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 YMCA's responsibility to ensure the fields are free from debris before they vacate the facility. Cleanliness of the facility may be verified by park rangers or city staff. 9. Key: A key will be issued to YMCA to allow access to the trash dumpster during their respective rental times. It is YMCA's responsibility to ensure that the dumpster is locked securely before they leave the premises. 10. Portable Toilets: Portable toilets will be placed at the facility for use by participants and spectators during YMCA's specified rental times. The toilets will be placed on a regular service schedule. It is the responsibility of YMCA's director to inform the city if it appears a service date has been missed and the toilets need additional attention. 11. Use of Fields for Practice: The Road 36 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 YMCA's director to communicate this to all teams within the YMCA's league. Failure to do so could result in a breach of this agreement and result in the YMCA forfeiting their use of the fields for the remainder of the season. 12. Other Terms and Conditions: Apart from the terms listed above, YMCA hereby agrees to abide by and enforce all regular Pasco Playing Field Terms and Conditions, listed in Appendix A. Memorandum of Agreement accepted by: YMCA Date Zach`Ratkai, Pasco ARCS birector Memorandum of Agreement — Rd 36 Soccer 3 Date APPENDIX A General Terms & Conditions for All Pasco Playing Fields 1. 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 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