HomeMy WebLinkAbout79-05 Resolution
RECORD OF RESOLUTIONS
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79-05 Passed
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A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH
DUBLIN SOCCER LEAGUE (DSL) AND
OHIO F.C. SOCCER CLUB (OFC)
WHEREAS, an Agreement has been developed with the input of various community
soccer interests; and
WHEREAS, the City, Dublin Soccer League (DSL) and Ohio F.C. Soccer Club (OFC)
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 OFC 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 1. The City Manager is hereby authorized to enter in the Agreement with the
Dublin Soccer League (DSL) and Ohio F.e. Soccer Club (OFC) 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 thi~ /$ day of 77 0 tJ ~ ~ , 2005
~
Mayor - Presiding Officer
ATTEST:
~ 0- ~~
Clerk of Council
I hereby certify that coples of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Office of the City Manager
5200 Emerald Parkway. Dublin, OR 43017
CITY OF DUBLIN. Phone: 614-4104400. Fax: 614-4104490 Memo
To: Members of Dublin City Council
From: JaneS.Brautigam,CityManageU~S. ~-
Date: November 15, 2005
fuitiated By: Sara Ott, Assistant City Managerllnterim Recreation Services ~~
Re: Resolutions #78-05 and #79-05 Regarding Agreements for Soccer Fie Usage
Summary
In April 2004, City Council authorized entering into an agreement with Dublin Soccer League (DSL)
regarding their provision of recreational soccer programs in Dublin. This master agreement outlined
details about the DSL board structure, the priority of recreational soccer programs over more
competitive leagues for field usage, the collection of facility fees, acknowledged Ohio Premier and Ohio
F.e. Soccer Club as the select and premier soccer providers in Dublin and established mechanism to
create a middle tier soccer organization (MTO) that is a more significant level of play than recreational
while not being as competitive or as significant time and financial commitment as the soccer clubs. The
next step of implementing this master City/DSL agreement is execution of agreements with Ohio
Premier (OP) and Ohio F.e. Soccer Club (OFC). These club specific agreements outline the
responsibilities of each entity in this cooperative partnership ranging from field scheduling to legal and
insurance requirements. Resolutions 78-05 and 79-05 authorize the City Manager to execute agreements
with these clubs and DSL. The proposed agreements are attached for your review.
As background information, DSL serves approximately 2,750 City of DublinlDublin City Schools youth
ages 4 to 18 in the recreational program. OP serves approximately 440 girls ages 8 to 18, with 80%
residing within Dublin City Schools. OFC serves approximately 450 boys ages 8 to 18, with 85% of the
8 - 14 year olds residing in Dublin City Schools.
Field Scheduling
DSL has the primary responsibility for handling field scheduling. The proposed agreements specify the
recreational soccer programs have first priority, clubs teams have second priority, MTO has third
priority and all other soccer users are last priority. This arrangement assures City Council's goal of
recreational soccer first is met. Additionally, it is anticipated the recognized MTO will organize under
GOYSL. Due to timing issues MOSSL games for the clubs will be scheduled before GOYSL games for
the MTO because MOSSL traditionally completes the scheduling process several weeks before GOYSL
identifies its requested times.
Facility Funds
DSL, OP and OFC accumulated over $235,000 in facility fees from players in the past several years. In
accordance with the master DSL agreement, these funds are now managed by DSL. While details about
the use of these funds are not included in the proposed agreements, the DSL Board has approached staff
about constructing a concession stand/storage structure at Darree Fields and used some funds to
purchase replacement goals. These uses align with making a capital improvement to Darree Fields and
would aid in providing highly needed equipment storage while creating an additional revenue stream to
Resolutions 78-05 and 79-05 Page 2
Agreements re Soccer Field Usage
November 17,2005
support the recreational program. Staff is working with DSL to locate potential architects and cost
estimates for the facility. A more thorough report specifically about this project will be brought back to
Council at a later date.
Agreement Terms and Amendments
These agreements are for a period of three years and would automatically renew for three-year periods
unless one party makes a declaration to not renew. Additionally, the agreements can be amended if
mutually agreed upon by all parties. ,
MTO
A middle tier organization, Dublin Middle Tier Soccer Organization (DMTSO) organized for a season
of play in Dublin this fall. The DMTSO is organized under GOYSL and approximately 135 players
ages 7-10 registered. This organization is still in its start up stages and staff is working with the DMTSO
Board to meet all the requirements to be considered as the recognized MTO provider. The club
agreements before City Council now provide that the MTO may become a carded league if it so chooses.
In the event it does, then OFC and OP have the option to terminate their agreement with DSL and the
City. At this time however, DMTSO has not indicated a preference to card players.
Recommendation
StafIrecommends approval of Resolutions 78-05 and 79-05 authorizing the City Manager to execute
agreements with DSL, OP and OFC for the provision of select and premier soccer in Dublin and field
usage.
Page 1 of8
DECLARATION OF MUTUAL SUPPORT AND AGREEMENT
THIS AGREEMENT, entered into as of this _ dayof_, 2005, by and
between the City of Dublin (hereinafter referred to as the "City"), the Ohio F.C. Soccer Club
(hereinafter referred to as "OFC"), 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, OFC 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, OFC, 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, OFC 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 OFC 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 of OFC.
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 1 of8
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 F.e. Soccer Club
(hereinafter referred to as "OFC"), 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, OFC 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, OFC, 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, OFC 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 OFC 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 of OFC.
e. 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.
I
Page 2 of8
ARTICLE II - RESPONSIBILITIES
A. OFC 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. I
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 of OFC 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 OFC Board to be in the best interest ofthe
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 bv United States Youth Soccer Association's Kid Sate Program or anv
replacement program adopted by Ohio South Youth 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.
11. Comply with and communicate City rules and regulations regarding conduct in City
parks during periods of OFC 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 0[8
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 OFC (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 50 I (c) (3) ofthe 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 of teams requiring the use of DSL
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. OFe 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 1st, spring fees are due
June 1st. The amount of the fee will be determined annually by July 1st, prior to the
beginning of the seasonal year. This fee is exclusive to this purpose.
23. Respect City/DSL decisions regarding field closings (for any reason) and refrain from
using them during posted periods. Teams found in violation will be subject to
Page 4 of8
suspension of field use privileges for the remainder of the season.
B. The City shall accomplish the following:
1. Consider all OFC applications for permits necessary to secure the use ofthose playing
fields designated by the City for use by OFC. 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 OFC. The City
shall give at lease one-year notice before implementing any such fee for OFC
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:
1. 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 representative 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.
Page 5 of8
7. Recognize the continuation of specific OFC hosted or sponsored soccer events:
. The Ohio Nike Challenge Cup occurring in late April or early May.
. Organized tryouts from late May through early June. If tryouts extend outside
the DSL permit period, OFC will contact the City to determine field availability.
8. Recognizes OFC has right to sell concessions or other goods at Darree Fields during the
Ohio FC Nike Challenge Cup. The DSL will not compete with OFC 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 OFC
as one of its primary providers of "Select" soccer programs in the City of Dublin. OFC 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
OFC 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, OFC 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 against in coniunction with DSL programs, I
program~;. club programs (Or,F-G & OFC), other Dublin youth/adult sports and other events
"permitted" or otherwise authorized by the City.
ARTICLE V - TOURNAMENTS, CAMPS/CLINICS, SPECIAL EVENTS
OFC 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. OFC must have the permission of the City of Dublin prior to
Page 6 0[8
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.
ARTICLE VI - FACILITIES FUND FEE
OFC, the Dublin Soccer League (DSL) and OP have collected a "Facilities Fund Fee" from
their respective members. Facilities Fund Fees collected by OFC and OP 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 of July 25,
2005. All Facilities Fund Fees collected by DSL, OFC, OP 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, OFC and OP members. It shall
remain the intent of DSL, OFC, OP 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 ofthese. 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 ofthe City of Dublin. Any ongoing application of a Facilities
Fund Fee by the DSL, MTO, OFC and OP 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, OFC 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.
.
.
Page 7 of8
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 of the State of Ohio. This
contract may not be assigned or changed, modified, or altered except by an instrument, in writing,
mutually agreed to and signed by all parties. Nothing in this Agreement shall be construed to
constitute the relationship between OFC 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
OFC 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.
OFC shall be responsible for its own protection/insurance from auto claims, property
damage claims, personal injury claims.
OFC 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 OFC and name OFC as an additional insured. Such
coverages shall be at limits agreeable to OFe.
ARTICLE XI -INDEMNIFICATION
OFC 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 OFC's provision of activities described in this
agreement. OFC 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.
Page 8 of 8
OFC 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
direct consequence ofOFC's provision of activities described in the Agreement. OFC 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 OFC 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 ofDSL'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 FOOTBALL CLUB
B.:vy: By:
Jane S. Brautigam 'fmk FrittsPrinted Name:
City Manager
PresidentTitlc: I
Approved as to form: DUBLIN SOCCER LEAGUE
Bv: Bv:
Stephen J. Smith Chris Clinton
Citv Attornev Chairperson
DUBLIN SOCCERLE^.GUE
By:
Printed Name:
Title:
-.-