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HomeMy WebLinkAboutGerman Abarca - Rd 36 Adult Soccer 2020 Agreement2020 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 27 years. For the 2020 soccer season (April 25th -October 4`"), 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 2020 season. To effect the city's decision, the parties to this agreement, German Abarca and the City of Pasco, agree to the following provisions for the 2020 adult soccer league season. 1. Official Communication: For any official written communication between the City of Pasco and the soccer league run by German Abarca (La Liga), the following Names and addresses will be used: German Abarca (La Liga) City of Pasco Address: 429 Canada Ct. Address: 525 N. Third Ave Pasco, WA 99301 Pasco, WA 99301 Phone number: 509-380-2950 Phone number: 509-545-3456 Email: german. 1020ra, icloud.com. Email: kubalekb(ci asco-wa. o OR Alfredo alcantaraiui.keybank.com 2. Certification of League Teams: a. La Liga will certify to the city recreation office, in writing, by 4:00 pm, Wednesday, April 1 st, that it has at least 16 teams committed to play during the 2020 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 if possible. 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 8th. If La Liga 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 2020 soccer season. d. FINAL TEAM LIST: After providing the certification of the minimum 16 teams, La Liga will then provide, to the city, a final list of teams playing in their league by 4:OOpm Wednesday, April 29'', 2020. The number of teams in the league will determine the hours assigned for game play each weekend. 3. 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. La Liga will be assigned field time as follows (with '/z hour set up and cleanup time before and after): i. 16 Teams = 4 hours (All 4 Fields) — Sundays 9: OOam —1: OOpm ii. 17 — 24 Teams = 6 hours (All 4 Fields) — Saturdays 5:30 — 7:30pm & Sundays 9: OOam — 1: OOpm iii. 25 — 32 Teams = 8 hours (All 4 Fields) — Saturdays 5:30 — 7:30pm & Sundays 9: OOam — 3: OOpm c. Leagues must adhere to their assigned setup and breakdown times. Memorandum of Agreement — Rd 36 Soccer d. It is the responsibility of La Liga to notify the City of Pasco of the final number of teams in their league by Wednesday, April 29th, 2020 at 4:O0pm as outlined in section 2.d. above. If it is determined that La Liga has falsified their list of teams to gain access to additional field time, or is using the complex outside their allotted time, La Liga will be billed at a rate of $50/hour for each hour of unauthorized use. 4. Fees: a. Reservation Fees i. Reservation fees shall be as follows: 1. League of 16 teams: $192 per week (4 hours) 2. League of 17-24 teams: $260 per week (6 hours) 3. League of 25-32 teams: $330 per week (8 hours) 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`", etc). As there is only one available weekend in April, the first payment, for April's field use, will be due on Tuesday, April 14th, 2020, with the second payment for May's field use due on Monday, April 201h 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: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 league or transferred to a new date. b. Field Monitor/Supervisor Fee: i. A field Monitor is now required for all league and tournament rentals. The field monitor fee is $36 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 1.5 to 2 hours of the rental and during clean up. c. Field Painting Fees: i. An initial Field setup and Painting fee of $500 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 $80 per field. 5. 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 $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: 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. Memorandum of Agreement — Rd 36 Soccer 2 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. 6. 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 (7:00 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. 7. 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 German Abarca and La Liga's other field supervisors will help to enforce this rule. 8. 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. 9. 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. 10. Key: A key will be issued to La Liga to allow access to the trash dumpster during their respective rental times. It is La Liga's responsibility to ensure that the dumpster is locked securely before they leave the premises. 11. 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. 12. 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 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. Memorandum of Agreement — Rd 36 Soccer 13. 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: �-\-U aaf !L German Abarca ., Date Zach Ratkar.-Pasco ACS Director Memorandum of Agreement - Rd 36 Soccer 4 17 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 staV later than your 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 5 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 $10 processing fee. e. No changes less than 7 business days prior to event date. % Initial ( ' 18. Disturbance of the grounds is prohibited. There is no staking, digging, rutting, or other means of disturbance allowed in any City of Pasco Park. 19. If when you arrive at the facility you have problems and need to speak with a city staff person you will need to call our office during working hours (Mon -Friday 8:00 am to 5:00pm) after working hours you will need to call non- emergency dispatch at (509-628- 0333) and have them contact the Parks and Recreation on-call staff. Memorandum of Agreement — Rd 36 Soccer 6 AC40 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY1) 04/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HIScox Inc. PHONE FAX 520 Madison Avenue EMAIL (888) 202-3007 ____iA/c No):. 32nd Floor ADDRESS: contact@hiscox.com New York, NY 10022 INSURER($) AFFORDING COVERAGE NAIC # INSURER A • Hiscox Insurance Company Inc 10200 INSURED INSURER B La Liga 4413 Vermilion Ln INSURER C Pasco WA 99301 INSURER D : INSURER E: COVERAGES CERTIFICATE NUMRFR- RFVIRIAN NIIMRFR- 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DDPOLICY/YYYY MM70DEFF Y EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000.000 CLAIMS -MADE � PREMOCCUR DAMAGE T ENTE PREMISES We occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 A _ _ UDC -4129039 -CGL -19 04/11/2019 04/11/2020 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X JEa LOC POLICY 1:1 PRODUCTS - COMP/OP AGG $SIT Gen. Agg. $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED . HIREDAUTO5 AUTOS PROPERTY DAMAGE $ Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE $ DED RETENTION WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 1620 Rd. 48, Pasco, Wa 99301 Rd.36 & Argent, Pasco, Wa 99301 IrCK I Iri%,A I r- MULUCK GANGtLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Pasco ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD