Loading...
HomeMy WebLinkAbout78-05 Resolution RECORD OF RESOLUTIONS _____ q~.Yton Legal BI~~~_:__Lnc-, Form No:_~QQ~__ --.-- - -- -----...,.---..-.,.------ --------,-----,---- ---------.-. ..------ --.------.- ...----.--.--- - - -.-----.-.-..----- -~---_.._--- Resolution No. 78-05 Passed ,20_ -------_..-. ------ ..------ ..--..--.--.------ ..----------- ------..-------.----- ----.--- ___4_ _______ _.....____________...__________.._._______._._ - --------_.._,._----_....----_.....--~--'-_._- - A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DUBLIN SOCCER LEAGUE (DSL) AND OHIO PREMIER GIRLS SOCCER CLUB OF DUBLIN, OHIO (OP) WHEREAS, an Agreement has been developed with the input of various community soccer interests; and WHEREAS, the City, Dublin Soccer League (DSL) and Ohio Premier Girls Soccer Club of Dublin, Ohio (OP) recognize the value of "select" soccer activities for the Dublin community and have supported and endorsed community organizations that provide these activities; and WHEREAS, the City, DSL and OP wish to assure that their successful partnership continues to thrive so that the Dublin community can continue to enjoy the many benefits of "select" soccer activities provided by Dublin community volunteers and professionals. NOW, T~~~:~ORE, BE IT RESOLVED by the Council ofthe City of Dublin, State of Ohio, ~ of the elected members concurring that: Section I. The City Manager is hereby authorized to enter in the Agreement with the Dublin Soccer League (DSL) and Ohio Premier Girls Soccer Club of Dublin, Ohio, Inc. (OP) as presented and with any changes directed by Council. Section 2. The City Manager will continue to develop a similar agreement with a Middle Tier Organization for Council review and approval. Section 3. This Resolution shall take effect and be in force on the earliest date permitted by law. Passed this;< Iff day of .A/ tJ tJ ~frL.b ~ , 2005 ATTEST: ~ (! ~~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. f Page 1 of9 DECLARATION OF MUTUAL SUPPORT AND AGREEMENT THIS AGREEMENT, entered into as ofthis _ day of _,2005, by and between the City of Dublin (hereinafter referred to as the "City"), the Ohio Premier Girls' Soccer Club of Dublin, Ohio, Inc. (hereinafter referred to as "OP"), and the Dublin Soccer League (hereinafter referred to as "DSL"). WHEREAS, the City and DSL recognize the value of "select" soccer activities for the Dublin community, and have supported and endorsed community organizations that provide these activities; and WHEREAS, OP is a non-profit community organization in existence in Dublin for many years and long recognized by the City and DSL as a partner in providing outdoor select soccer programs for the Dublin community; and WHEREAS, the City, OP, and DSL wish to assure that their successful partnership continues to thrive, so that the Dublin community can continue to enjoy the many benefits of "select" soccer activities provided by Dublin community volunteers and professionals. WHEREAS, OP recognizes and will adhere to the philosophy that general recreational soccer is the City's highest priority for use of playing fields and club program access will be balanced against DSL programs, "MTO" programs, other Dublin youth/adult sports and events "permitted" or otherwise authorized by the City. ARTICLE I - OBJECTIVES The Dublin City Council, the OP Board of Directors and DSL, in reliance on their mutual covenants and agreements herein contained agree to the following objectives: A. To give interested youth in the City of Dublin and the Dublin School District the opportunity to participate in organized "select" soccer programs. B. To surround these programs with such safeguards as to warrant confidence in the integrity and administration ofOP. C. To protect and promote the interests of the youth and adult "select" participants. D. To educate participants, especially youth, in proper moral, mental and physical values so that they may become assets to their community. E. To provide participation opportunities without regard to the race, color, creed, age, or national origin of the player, guardian, coach or official. F. To promote fair play and good sportsmanship in a safe environment so that players of all ages may have fun playing the game of soccer. . Page 2 of9 ARTICLE II - RESPONSillILITIES A. OP shall accomplish the following: 1. Provide a full range of "select" soccer programs for Dublin youth of all ages, skills, and abilities, administering "select" programs consistent with the requirements of the United States Youth Soccer Association and US Club Soccer. 2. Establish and enforce rules and regulations for conduct of its programs, including the conduct of coaches, parents, participants, volunteers, and officials. 3. Develop a dispute resolution procedure to be used by parents, participants, or others with disagreements regarding the application of these rules and regulations, or the conduct ofOP programs or those of its affiliates. 4. Maintain its non-profit status and assure continued non-profit status, and maintain its membership or sanctioning by the United States Youth Soccer Association or other sanctioning body, as may be deemed by the OP Board to be in the best interest of the organization. 5. Provide its annual tax statement, and those of its affiliates for review/audit by the City. 6. Provide proof of insurance coverage to the City at amounts deemed satisfactory to the City and include the City as an additional insured. 7. Assure compliance with any legal requirements for operation of its programs, including notification and/or background checks of its coaching staff and volunteers regularly alone with children. Specifically, assure compliance with all child safety measures required by United States Youth Soccer Association's Kid Safe Program or any replacement program adopted by Ohio Youth South Soccer Association. 8. Assume all responsibility for the conduct of its employees, agents, officers, officials, volunteers, or others in the conduct of its programs and activities. 9. Provide training, and coaches, officials and other personnel necessary for its programs and activities, through use of volunteers, professional staff, or contractors. 10. Meet with designated DSL representatives on a regular basis to review playing field and park conditions. II. Comply with and communicate City rules and regulations regarding conduct in City parks during periods of OP use. Comply with governing body (eg. Ohio South Youth Soccer Association, US Club Soccer, US SF, etc.) regulations and insurer guidelines regarding general safety as they apply to field conditions and structures (goals, etc.) . Page 3 of9 12. Obtain all permits from DSL necessary for use of playing fields and support facilities. 13. Schedule and coordinate the use of those playing fields designated by the DSL for use by OP (the "Permitted Fields") during the spring and fall program periods. 14. Be organized exclusively for charitable, religious, educational, and scientific purposes, including for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code. 15. Appoint a volunteer to attend and participate in Dublin Soccer League Board Meetings as a non-voting member. 16. Provide input related to the City's CIP program and keep informed regarding proposed CIP projects thru DSL. 17. Provide the DSL, thirty days prior to the start of the fall and spring Mid-Ohio Select Soccer League (MOSSL) season, an official list ofteams requiring the use ofDSL services and/or City facilities, along with their respective coaches and administrators authorized to request field changes. 18. Recognize that beyond the usual and customary MOSSL scheduling process, games will be scheduled on a case-by-case basis and can not be guaranteed. 19. Assert that the Club President or Chief Executive will be the final authority for the purpose of clarifying requests and information from within their organization. 20. Recognize that the DSL leases the Avery Park south concession stand for which it remits rent, pays tax, controls pests, obtains food service permit, operates the stand, owns and repairs all food preparation equipment therein, and contributed significant time and funds toward construction of said building, has exclusive use and control over the stand within the soccer community. OP will not compete with the DSL for concession sales revenue at A very Park or at Darree Fields Park. 21. Recognize that the DSL expends significant time, effort and money in the proper administration of Dublin city fields as a benefit to the community. 22. Pay the DSL, for field maintenance and scheduling related services, a fee per team per season. The fee structure will differentiate between age groups requiring large fields and those requiring smaller fields. Fall fees are due November I st, Spring fees are due June 1 st. The amount of the fee will be determined annually by July 1 st, prior to the beginning ofthe seasonal year. This fee is exclusive to this purpose. 23. Respect City/DSL decisions regarding field closings (for any reason) and refrain from using Page 4 of9 them during posted periods. Teams found in violation will be subject to suspension offield use privileges for the remainder of the season. B. The City shall accomplish the following: l. Consider all OP applications for permits necessary to secure the use ofthose playing fields designated by the City for use by OP. The City may issue permits for supporting facilities specifically regarding all camps, tournaments/clinics or other special events. Agreements may be entered into regarding the use of concession stands. 2. The City reserves the right to charge fees for use of City facilities by OP. The City shall give at least one-year notice before implementing any such fee for OP programs. The City reserves the right to charge a fee at any time for facilities related to tournaments/camps/clinics and/or special events. 3. Enforce the terms of this Agreement. C. DSL shall accomplish the following: l. Maintain membership in good standing with the Ohio South Youth Soccer Association. The DSL Executive Director serves as the official representative and contact to the Association. 2. Maintain membership in good standing with the Mid Ohio Select Soccer League. The DSL Executive Director serves as the official rep and contact to the League. 3. Assign and maintain field assignments as necessary for the monitored and controlled use of field resources at A very Park and Darree Fields in Dublin, Ohio, during permit periods. 4. Assign fields in the following order: . DSL/MSSA Recreation games; . MOSSL League Games . Middle Tier games . Other league games (NL, Buckeye Premier/MOSSL - tournaments and rescheduled games) 5. Recognizes, for permit purposes, the seasonal year consists of two seasons. The fall season begins two Mondays before Labor Day and ends on October 31 st. The spring season starts eight weeks prior to Memorial Day weekend or April 15\ whichever is earliest. Spring season ends the second Sunday in June. 6. Maintain fields (lined, goals in place, assigned) during the two seasonal periods defined above. Additional costs may be incurred for activities or events planned outside the specified seasonal periods. 7. Recognize the continuation of specific OP hosted or sponsored soccer events: . The Ohio Premier Invitational Soccer Tournament occurring during September. . First right of refusal, State Cup Tournament games, one weekend, occurring during the first two weeks of May. . Organized tryouts from late May through early June. . Page 5 of9 8. Recognizes OP has exclusive right to sell concessions or other goods at Darree Fields during the Ohio Premiere Invitational Soccer Tournament. The DSL will not compete with OP for concession sales revenue at Darree Fields during this event. 9. Operate its own spring recreation tournament and middle school divisional tournament games as part of basic recreational programming. ARTICLE III - SELECT SOCCER "Select" soccer programs are those programs in which players are permitted or denied participation based upon an evaluation of the participants' soccer skills. The City recognizes OP as one of its primary providers of "Select" soccer programs in the City of Dublin. OP will adhere to the philosophy that general recreational soccer is the City's highest priority for use of playing fields and its access will be balanced against DSL programs, MTO programs, other Dublin youth/adult sports and events "permitted" or otherwise authorized by the City. ARTICLE IV - MIDDLE TIER PROGRAM OP acknowledges that the City of Dublin may recognize "middle tier" soccer program providers ("MTO"). A "Middle Tier" soccer program is a program that provides recreational soccer playing opportunities at a higher level of competition than general recreation but at a level of less expense, commitment, competition and travel than the "select" or elite club teams. A MTO may be carded and participate in tournaments in the Central Ohio region to include the following counties Franklin, Fairfield, Delaware, Licking, Union, Madison and Pickaway. Teams in this program will not be able to travel and participate in tournaments outside ofthe central Ohio area. This program will be developed and organized as a 501(c)(3) entity/organization separate from DSL, OP and the Ohio Football Club ("OFC"). The MTO will be afforded access to City playing fields, which will be scheduled and coordinated through DSL. The MTO will adhere to the philosophy that general recreational soccer is the City's highest priority for use of playing fields and that access to the playing fields will be balanced in conjunction with DSL programs, club programs (OFC & OP), other Dublin youth/adult sports and other events "permitted" or otherwise authorized by the City. ARTICLE V - TOURNAMENTS, CAMPS/CLINICS, SPECIAL EVENTS OP will present any and all tournaments and camps/clinics or other special events outside the designated spring and fall DSL permitted seasons to be conducted on City property to the City of Dublin for review and approval. OP must have the permission of the City of Dublin prior to committing to any such activity/event to be conducted on City facilities. The City of Dublin staff will form a committee of relevant parties to develop, evaluate and coordinate tournaments, camps/clinics and other special events proposed for City facilities. . Page 6 of9 ARTICLE VI - FACILITIES FUND FEE OP, the Dublin Soccer League (DSL) and OFC have collected a "Facilities Fund Fee" from their respective members. Facilities Fund Fees collected by OP and OFC are transferred to DSL and consolidated with those Facilities Fund Fees also collected by DSL. DSL places these Facilities Fund Fees in a "Facilities Fund". The total balance ofthis fund is $235,940 as ofJuly 25, 2005. All Facilities Fund Fees collected by DSL, OP, OFC and the new MTO through the spring of 2005 will be transferred to and placed in the DSL Facilities Fund. These Facilities Funds were collected for the purpose of expanding, improving, supporting, maintaining and/or equipping City- owned soccer facilities that are used by or for the benefit ofDSL, OP and OFC members. It shall remain the intent ofDSL, OP, OFC and the MTO that these shall be used for this purpose. The DSL Board and City staff will develop and present to Dublin City Council a proposed plan for the use of these. These funds will be used to expand, improve, support, maintain and/or equip City- owned soccer facilities and any such expansions, improvements, support, maintenance and/or equipment shall become the property of the City of Dublin. Any ongoing application of a Facilities Fund Fee by the DSL, MTO, OP and OFC beyond the spring 2005 season must first have the approval of Dublin City Council. ARTICLE VII - TERMS AND INTERPRET A TION The initial term of this Agreement shall be for three (3) years. This Agreement will automatically renew for a three-year period, and for successive three-year periods thereafter, absent the declaration of a party not to renew. The parties may non-renew or terminate this Agreement upon providing at least one year prior notice to the other. In the event the city permits a MTO to sponsor carded, competitive teams, OP has the option to terminate this agreement upon completion of the current season. Should any part of the Agreement be declared invalid, any remaining portion shall remain in full force and effect as if this Agreement had been executed with the invalid portion eliminated. Failure of either party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of such provision or in any way offset the validity of the Agreement or any part thereof or the right of such party to thereafter enforce each and every provision of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Nothing contained in this Agreement, expressed or implied, is intended to confer, or shall confer, upon any individual or organization any rights or remedies under or by reason of this Agreement. ARTICLE VIII - AMENDMENTS It is understood and agreed that this Agreement may not be changed, modified, or altered except by an instrument, in writing, signed in accordance with the laws ofthe State of Ohio. This contract may not be assigned or changed, modified, or altered except by an instrument, in writing, . Page 7 of9 mutually agreed to and signed by all parties. Nothing in this Agreement shall be construed to constitute the relationship between OP and Dublin as a partnership, association, or joint venture. ARTICLE IX - GOVERNANCE This Agreement shall be governed by the laws of the State of Ohio. Any legal action regarding this agreement or the rights of the parties shall be brought in a court of competent jurisdiction in Franklin County, Ohio. Each party warrants that it has complied with any legal requirements necessary for it to be bound by this agreement and its terms, and that the other may justifiably rely on its terms. ARTICLE X - INSURANCE OP shall be responsible for its own protection/insurance from claims under worker's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting there from, and any other insurance prescribed by laws, rules, regulations, ordinances, codes, or orders. OP shall be responsible for its own protection/insurance from auto claims, property damage claims, personal injury claims. OP shall provide proof of insurance to the City of Dublin and DSL and name the City and DSL as an additional insured. Such coverages shall be at limits agreeable to the City and DSL. DSL shall provide proof of insurance to OP and name OP as an additional insured. Such coverages shall be at limits agreeable to OP. ARTICLE XI - INDEMNIFICATION OP agrees to indemnify, protect and hold harmless City of Dublin and its elected officials, officers, employees, and volunteers, from and against any claims, costs (including reasonable attorney's fees and court costs), expenses, damages, liabilities, losses or judgments to the extent directly arising out of, or in connection with, any claim, demand or action made by any third party, if such are sustained as a direct consequence of OP's provision of activities described in this agreement. OP agrees that it shall, at its own expense, satisfy and cause to be discharged such judgments as may be obtained against the City or any of its elected officials, officers, employees, or volunteers. OP agrees to indemnify, protect and hold harmless DSL and its officers, employees, and volunteers from and against any claims, costs (including reasonable attorney's fees and court costs), expenses, damages, liabilities, losses or judgments to the extent directly arising out of, or in connection with, any claim, demand or action made by any third party, if such are sustained as a . Page 8 of9 direct consequence of OP's provision of activities described in the Agreement. OP shall, at their own expense, satisfy and cause to be discharged such judgments as may be obtained against DSL or any of its officers, employees, or volunteers. DSL agrees to indemnify, protect and hold harmless OP and its officers, employees, and volunteers from and against any claims, costs (including reasonable attorney's fees and court costs), expenses, damages, liabilities, losses or judgments to the extent directly arising out of, or in connection with, any claim, demand or action made by any third party, if such are sustained as a direct consequence of DSL's provision of activities described in the Agreement. DSL shall, at their own expense, satisfy and cause to be discharged such judgments as may be obtained against DSL or any of its officers, employees, or volunteers. IN WITNESS THEREOF, the parties hereto have executed this Agreement in quadruplicate originals on the day and year here above written. THE CITY OF DUBLIN OHIO PREMIER GIRLS'SOCCER CLUB OF DUBLIN, OHIO, INC. By: By: Jane S. Brautigam Michael Scoliere City Manager President Approved as to form: DUBLIN SOCCER LEAGUE By: By: Stephen J. Smith Chris Clinton City Attorney Chairperson