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HomeMy WebLinkAboutRaul Castellanos Rd 48 Soccer Memo of Understanding 04.01.212021 MEMORANDUM OF AGREEMENT ROAD 48 SOCCER COMPLEX - Adult Soccer League(s) - The City of Pasco has rented soccer fields for use of adult soccer leagues for about 28 years. For 2021 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 2021 season. To effect the city's decision, the parties to this agreement, Raul Castellanos (Liga Deportiva) and the City of Pasco, agree to the following provisions for the 2021 adult soccer league season. 1. Official Communication: For any official written communication between the City of Pasco and the soccer league run by Raul Castellanos (Liga Deportiva de Futbol Tri-Cities, WA; Fka La Liga Experimental de Futbol Tri- Cities), the following Names and addresses will be used: Raul Castellanos Address: 2020 E. Parkview Blvd. Pasco, WA 99301 Phone number: 509-492-7896 Email: eIrulas7070AgmaiI.com City of Pasco Address: 525 N. Third Ave Pasco, WA 99301 Phone number: 509-545-3456 Email: kubalekb�u_nasco-wa.gov 2. Certification of League Teams: a. Liga Deportiva will certify to the city recreation office, in writing, by 4:00 pm, Wednesday, April 21', the teams that it has committed to play during the 2021 season (There must be a minimum of 10 teams). b. The certification of teams will include: 1) The Team Name, 2) The Name of the Coach/Captain. 3] The Coach/Captain's Phone Number, and 4) (Optional) The Coach/Captain's Email. c. Failure to provide certification by the date and time stated will render this agreement null and void, unless the offending league pays a $300 late fee at which point the deadline to certify the minimum 10 committed teams will be extended until 4:00pm on Wednesday, April 28. If Liga Deportiva 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 2021 soccer season. 3. Field Time: a. For League and Tournament play Liga Deportiva will rent the large soccer field at the Rd 48 sports fields from April 24 — October 17. b. Liga Deportiva will be assigned field time as follows (112 hour before and after will be used. for set-up and clean-up): i. 10 Teams = 10 hours — Sundays 9:00 am — 7:00 pm ii. 12 Teams = 12 hours - Saturdays 5:00 — 7:00 pm and Sundays 9:00 am — 7:00 pm iii. 14 Teams = 14 hours - Saturdays 3:00 — 7:00 pm and Sundays 9:00 am — 7:00 pm iv. Etc. v. If there are more than 14 teams extra hours will need to be rented at the Road 36 soccer complex c. Leagues must adhere to their assigned setup and breakdown times. d. In the event Liga Deportiva does not have the minimum 10 teams, then Days must be rented individually on a first come first served bases and line painting must be paid for separately. Memorandum of Agreement — Rd 36 Soccer e. It is the responsibility of Liga Deportiva to notify the City of Pasco of the final number of teams in their league by Wednesday, April 28`h, 2021 at 4:OOpm as outlined in section 2 above. If it is determined that Liga Deportiva has falsified their list of teams to gain access to additional field time, or is using the complex outside their allotted time, Liga Deportiva will be billed at a rate of $25/hour for each hour of unauthorized use. 4. Reservation Fees: a. Reservation fees shall be as follows: i. 10 hours: $190 per week ii. 12 hours: $222 per week iii. 14 hours: $252 per week iv. Etc. b. Reservation fees shall be paid on a monthly basis and shall be due no later than 4:OOpm on the 20`h day of the preceding Month (i.e. Fees for June are due by 4: OOpm on May 20h, etc). First Payment, for April 24th & 25`' will be due April 15`h. All other months will be due as outlined on the 20th of the preceding month. i. If payment is not received by the deadline a $50 late fee will be charged. When the 201h 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. 5. Field Monitor: a. A field Monitor is now required for all league and tournament rentals. The field monitor will be onsite for approximately 30-45 minutes each Sunday. 6. Field Painting Fee: a. Liga Deportiva will pay a Initial Set -Up Paint fee of $225. b. The City Parks crew will paint the soccer fields every other week throughout the season. c. Extra Field Painting can be requested and will be billed to Liga Deportiva at a rate of $80 per field. 7. Insurance: a. Liga Deportiva 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 Liga Deportiva's Commercial General Liability insurance policy. b. Minimum Amounts of Insurance. Liga Deportiva 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. Liga Deportiva'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 Liga Deportiva's insurance and shall not contribute with it. Memorandum of Agreement — Rd 36 Soccer 2 ii. Liga Deportiva'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. Liga Deportiva 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 Liga Deportiva. 8. Equipment and Maintenance Requirements: Liga Deportiva 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 (6:00 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. Liga Deportiva is prohibited from charging parking fees of any kind in and around the Rd. 48 sports fields. If it is discovered that Liga Deportiva is charging parking fees this use agreement will be immediately terminated. 9. 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 Raul Castellanos and Liga Deportiva's other field supervisors will help to enforce this rule. 10. Participant and Spectator Conduct: Liga Deportiva hereby promises to take all reasonable precautions to avoid fighting, assault, vandalism or other forms of violence while using the facility. Liga Deportiva 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. 11. Trash Pick-up: As the renter of the facility it is Liga Deportiva'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 and City Maintenance staff. 12. Key: A key will be issued to Liga Deportiva to allow access to the trash dumpster during their respective rental times. It is Liga Deportiva's responsibility to ensure that the dumpster is locked securely before they leave the premises. 13. Portable Toilets: A portable toilet(s) will be placed at the facility for use by participants and spectators during Liga Deportiva's specified rental times. The toilets will be placed on a regular service schedule. It is the responsibility of Liga Deportiva's director to inform the city if it appears a service date has been missed and the toilets need additional attention. 14. Use of Fields for Practice: The Road 48 Sports Field Complex is a scheduled use facility. As such all use must be scheduled through the Recreation offices. If a team wishes to use the Field 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 Liga Deportiva'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 3 15. Other Terms and Conditions: Apart from the terms listed above, Liga Deportiva hereby agrees to abide by and enforce all regular Pasco Playing Field Terms and Conditions, listed in Appendix A. Memorandum of Agreement accepted by: 03 - /8 - 20 Z 1 Raul Castellanos ., Date Zach llatkai, Pasco ACS Director Date Memorandum of Agreement — Rd 36 Soccer 4 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 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 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. 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 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. 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:OOpm) 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. 20. COVID-19 protocol. Due to the health issues associated with the current pandemic all field use that is governed and managed by the City of Pasco are required to follow guidelines as set by the Governor of Washington. Any phase that restricts or allows use will need to be adhered to. If these state COVID guidelines require the city to shut the fields down to public use, a full refund will be issued for any unused and previously paid rental time. Practices and games with and without spectators will also fall within this realm. 21. A copy of the organizations COVID-19 opening and operations plan will need to be submitted prior to any field use. Memorandum of Agreement — Rd 36 Soccer 6 ---OQN LIGAEXP-01 JHAN ( 14,11C401IRv- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYYJ 5/6/2021 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 Basin Pacific Insurance & Benefits 6816 W Rio Grande Ave, Ste C120E�cl: (509) 735.7506, No : 509) 491-3322 Kennewick, WA 99336 MNiss,jhanson@basinpacific.com INSURED _ - LIGA DEPORTIVA DE FUTBOL TRI CITIES WA I� 2020 PARK VIEW Pasco, WA 99301 9-MICD A f'_` Ce f`CDTICICATC NIIURPD• RFVIRIQN NUMBER: v 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 H_POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICMMMDY ,YMEXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'LAGGREGATE LIMIT APPLIES PER X POLICY JET LOC OTHER: X X NPP2577775 4/29/2021 1 4129/2022 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 100,000 MED EXP (Any one rson 5,000 PERSONAL &ADV INJURY ,000,000 GENERAL AGGREGATE 2 ,OOD,000 PRODUCTS - COMP/OP AGG 2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTEO�S ONLY AUTOS SSyy AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT ffLaujowju $ BODILY INJURY Per rson S INJURY Per accident S BODILY Perr a r AMAGE UMBRELLA LIAR H EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE 5 AGGREGATE DED I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ FFICERIMEMBER EXCLUDED? Mandatory in NH) • If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate Holder is Additional Insured on this policy CERTIFICATE HOLDER City of Pasco Parks and Recreation 1300D N Oregon Ave Pasco, WA 99301 TION 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 ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD