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HomeMy WebLinkAboutDe La Mora and Abarca Rd 36 Soccer2016 MEMORANDUM OF AGREEMENT ROAD 36 SOCCER COMPLEX - Adult Soccer League(s) - The City of Pasco has rented the four soccer fields at Road 36 for use of an adult soccer league for about 23 years. For the 2016 soccer season (April 30 -September 30), the fields are desired by two separate 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 two leagues for the 2016 season. To effect the city's decision, the parties (German Abarca, Ramiro DeLaMora, and the City of Pasco) agree to the following provisions for the 2016 adult soccer league season. I. Certification of League Teams: a. Each league (DeLaMora and Abarca) will certify to the city recreation office, in writing, by 4:00 pm, Wednesday, April 6, that it has at least 16 teams committed to play during the 2016 season. b. The certification of the 16 teams will include: 1 The Team Name 2) The Name of the Coach/Captain, 3) The Coach/Captain's Phone Number. and 4) The Coach/Captain's Email. c. Failure to provide certification by the above stated date and time will render this agreement null and void, unless the offending league pays a $300 late fee at which point the deadline to certify the 16 committed teams will be extended until 4:OOpm on Wednesday, April 13th. If a league fails to meet the late certification deadline they will forfeit the $300 late fee and their right to use of the fields for the duration of the 2016 soccer season. d. FINAL TEAM LIST: After providing the certification of the minimum 16 teams, each league will then provide, to the city, a final list of teams playing in their league by 4:OOpm Wednesday, April 20, 2016. The number of teams in the league will determine the hours assigned for game play each weekend. 2. Field Time: a. For League and Tournament play all four fields at the road 36 soccer complex will be rented as a whole and not on an individual field basis. b. Each league will be assigned field time as follows: i. 16 Teams = 4 hours (All 4 Fields) ii. 17 — 24 Teams = 6 hours (All 4 Fields) c. If each league has at least 17 teams, field time will be assigned as follows: i. Abarca: 1. APRIL 30 -AUGUST 31: Fields 1-4 each Saturday, S:OOpm — 7:OOpm (Setup 4:30 — S:00pm, breakdown 7:00 — 7:30pm), and each Sunday, 9:OOam — 1:OOpm. (Setup 8:30 — 9:OOam, breakdown 1:00—1:30pm) 2. *SEPTEMBER Proposed Schedule: Fields 1-4 each Saturday, S:OOpm — 7:OOpm (Setup 4:30 — S:OOpm, breakdown 7:00 — 7:30pm), and each Sunday, 8:30am — 12:30pm. (Setup 8:00-8:30pm, breakdown 12:30—12:45pm) ii. DeLaMora: 1. APRIL 30 -AUGUST 31: Fields 1-4 each Sunday, 2:00pm — 8:OOpm (setup 1:30 — 2:00pm, Breakdown 8:00 — 8:30pm) 2. *SEPTEMBER Proposed Schedule: Fields 1-4 each Sunday, 1:OOpm — 7:OOpm (Setup 12:45-1:OOpm, Breakdown 7:00 — 7:30pm) Will meet with leagues in August to finalize September use times. d. Leagues must adhere to their assigned setup and breakdown times. Memorandum of Agreement — Rd 36 Soccer as�c� e. In the event a league only has the minimum 16 teams, then the Sunday reservation hours will be reduced by two hours (16 teams can complete play in four hours). The hours reduced from one league may be offered by the city to the other league, given their league size warrants more time. f. It is the responsibility of each league to notify the City of Pasco of the final number of teams in their league by Wednesday, April 20, 2016 at 4:OOpm as outlined in section l.d. above. If it is determined that a League has falsified their list of teams to gain access to additional field time, or is using the complex outside their allotted time, said League will be billed at a rate of $50/hour for each hour of unauthorized use. 3. Reservation Fees: a. Reservation fees shall be as follows: i. League of 16 teams: $160 per week (4 hours) ii. League of 17-24 teams: $216 per week (6 hours) b. Reservation fees shall be paid on a monthly basis and shall be due no later than 4:OOpm on the 20th day of the preceding Month (i.e. Fees for May are due by 4:OOpm on April 20`x`, etc.). i. 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. c. 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. d. 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. 4. Field Monitor/Supervisor Fee: a. A field Monitor is now required for all league and tournament rentals. The field monitor fee is $30 per weekend rental per league (League time split between Saturday evening and Sunday Morning shall be considered as a single rental). The field monitor will be onsite during the last 1 to 1.5 hours of the rental and during clean up. 5. Field Painting: a. The City Parks crew will paint the soccer fields every other week throughout the season. b. Extra Field Painting During League Playoffs (September) — If both leagues agree, and would like the fields to be painted on an off week during the month of September, an additional field painting fee of $130 per league must be paid for each additional painting. 6. Insurance: a. Each League 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 the League's Commercial General Liability insurance policy. b. Minimum Amounts of Insurance. Each League shall maintain the following insurance limits: i. Commercial General Liability insurance shall be written with limits no less than $1,000,000 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: Memorandum of Agreement — Rd 36 Soccer 2 i. Each League'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 the League's insurance and shall not contribute with it. ii. Each League'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. Each League 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 the League. 7. Equipment and Maintenance Requirements: Each league 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 (7:00 pm on Saturday; 1:00 pm on Sunday; 8:00 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. Leagues are prohibited from charging parking fees of any kind in and around the Rd. 36 soccer complex. If it is discovered that a league is charging parking fees the use agreement with that league will be immediately terminated. 8. 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. 9. Participant and Spectator Conduct: Each league hereby promises to take all reasonable precautions to avoid fighting, assault, vandalism or other forms of violence while using the facility. Each league 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 termination of this agreement by the city. 10. Trash Pick-up: As the renter of the facility it is each league'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. 11. Key: A key will be issued to each league to allow access to thetrash dumpster during their respective rental times. It is each league's responsibility to ensure that the dumpster is locked securely before they leave the premises. 12. Portable Toilets: Portable toilets will be placed at the facility for use by participants and spectators during each leagues specified rental times. The toilets will be placed on a regular service schedule. It is each league director's responsibility to inform the city if it appears a service date has been missed and the toilets need additional attention. 13. 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 Memorandum of Agreement — Rd 36 Soccer 3 the city recreation office. It is the duty of each league director to communicate this to all teams within their respective 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. 14. Other Terms and Conditions: Apart from the terms listed above, each league hereby agrees to abide by and enforce all regular Pasco Playing Field Terms and Conditions, listed in Appendix A. Memorandum of greerryent accepted by: Ramiro LaMor Date � L Ric Terway, Pasb6 ACS Director Date German Abarca Date Memorandum of Agreement — Rd 36 Soccer 4 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 your reservation time. Set up and cleanup of your event must be within your reserved time. 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 7 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. 7. Balloons are not allowed in any City of Pasco Parks (water, helium, or air). 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 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 1000 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. 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 (509-545- 3510) and have them contact the Parks and Recreation on-call staff. Memorandum of Agreement — Rd 36 Soccer