30-09 ResolutionRECORD OF RESOLUTIONS
Da, ton Legal 31aak, Inc_ Form No 30045
30-09
Resolution No.
Passed 20
APPROVING THE DECLARATION OF MUTUAL SUPPORT
AND AGREEMENT BETWEEN THE CITY OF DUBLIN AND
THE DUBLIN SOCCER LEAGUE, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, on January 15, 2009, the Dublin City Council approved the
implementation of recommendations submitted by the Parks and Recreation Advisory
Commission ("PRAC") that were designed to address ongoing issues among the
various Dublin youth soccer organizations; and
WHEREAS, those recommendations outlined a decision-making process for
resolving youth soccer issues and ascribed responsibility to the Dublin Soccer League
("DSL") Board to preside over the process and take appropriate action to resolve any
conflicts; and
WHEREAS, these recommendations have been consummated in a Declaration of
Mutual Support and Agreement between the City of Dublin and the DSL; and
WHEREAS, this agreement further sets forth the City's reliance upon the DSL to
provide a comprehensive general recreation program, and to form and enforce its own
agreements with other organizations to provide supplementary (middle tier and select)
competitive programs; and
WHEREAS, this agreement has been reviewed and approved by the DSL Board, and
was unanimously recommended by the Parks and Recreation Advisory Commission at
its June 17, 2009 meeting to be submitted to the Dublin City Council for approval.
NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. The Dublin City Council hereby approves the Declaration of Mutual
Support and Agreement between the City of Dublin and DSL, attached hereto as
Exhibit "A" and authorizes the City Manager to execute the Declaration of Mutual
Support and Agreement.
Section 2. This Resolution shall take effect upon adoption in accordance with
Section 4.04(a) of the Revised Charter.
Passed this day of , 2009.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
CITY OF DUBLIN..
OfSce of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490
To:
From:
Members of Dublin City Council
Terry Foegler, City Manager
Date: June 25, 2009
TF~~
Initiated By: Matt Earnran, Director of Recreation Services
Memo
Re: Resolution 30-09 -Agreement between the City of Dublin and Dublin Soccer League
Background
At the January 20, 2009 meeting, Council approved the implementation of recommendations submitted
by the Parks and Recreation Advisory Commission (PRAC) that were designed to address ongoing
issues among the various Dublin youth soccer organizations.
The underlying significance of these recommendations is that they outlined adecision-making process
for resolving youth soccer issues. Additionally, they established the responsibility of the Dublin Soccer
League (DSL) Board to preside over the process and take appropriate action to resolve any conflicts.
A brief review of the individual recommendations is as follows:
Recommendation #1:
Expand the representation of the DSL Board to include voting rights to members of the middle tier and
select/club organizations.
Recommendation #2:
Create more consistency among the elected DSL Board members by scheduling the election process
later in the year to avoid eligibility conflicts.
Recommendation #3:
Establish the role of the DSL Board as the organization to preside over decisions regarding youth
soccer, to align with the City's philosophy that general recreation programs are the City's priority over
snore competitive, exclusive programs.
Recommendation #4:
DSL shall create a subcommittee for the purposes of hearing and discussing "club issues" to allow the
business of the DSL Board to focus more on its recreation program. Recommendations are to be
submitted by this subcommittee to the DSL Board for approval. In order to formally implement these
recommendations, anew agreement between the City and DSL is necessary.
Summary
Attached is a copy of the proposed agreement between the City and DSL, with highlighted sections
reflecting the changes noted above. In essence, this agreement stipulates the reliance on DSL to provide
a comprehensive general recreation program, and to fornl and enforce its own agreements with other
organizations to provide supplementary (middle tier and select) competitive programs. It is understood
Memo re. Resolution 30-09 -Dublin Soccer League Agreement
June 25, 2009
Page 2
that these competitive programs are considered valuable to Dublin's youth soccer program and will be
accommodated to the extent that City resources are available and that they do not have a detrimental
effect on recreational soccer programming.
Taking note of some recent club mergers, organization name changes and other modifications
anticipated at the competitive level, the formal names and specific details about each competitive soccer
organization are generally represented in this agreement in order to maintain relevancy of this document
through any additional progression.
This agreement stipulates that organizations conducting supplementary programs through an agreement
with DSL will require approval by the City to ensure that all legallliability assurances and field
allocation processes are consistent with the City's standards and recreation philosophy. With the
increasing potential for clubs to form teams consisting of more non-residents, the City expressly
reserves the right to impose fees on players, teams or organizations that are not primarily composed of
Dublin or Dublin School District residents.
Staff will continue to work with the DSL Board to determine the appropriate levels of team residency
composition for each age group, monitor these levels, and make recommendations to Council with the
2009 Cost Study Update for fees to be imposed on non-resident players.
Recommendation
Staff recommends approval of Resolution 30-09, authorizing the agreement between the City of Dublin
and the Dublin Soccer League. It should be noted that the proposed agreement was reviewed and
approved by the DSL Board and that PRAC unanimously voted on June 17, 2009 to recommend
approval of this agreement by Council.
If you have any questions regarding this agreement, please feel free to contact Matt Eannan.
Page 1 of 10
DECLARATION OF MUTUAL SUPPORT AND AGREEMENT
THIS AGREEMENT, entered into this the day of , 2009, by and between the City
of Dublin (hereinafter referred to as "Dublin"), 5200 Emerald Parkway, Dublin, Ohio 43017, the
Dublin Soccer League (hereinafter referred to as "DSL', 37 West Bridge Street Dublin, Ohio
43017.
WHEREAS, Dublin recognizes the value of recreational activities for its residents, and has
supported and endorsed community organizations that provide recreational activities to Dublin
residents; and
WHEREAS, DSL is anon-profit community organization inexistence in Dublin for many
years and long recognized by Dublin as its partner in providing outdoor "non-select" soccer
programs for the community; and
WHEREAS, DSL and Dublin have worked and will continue to work with other
organizations to provide supplemental soccer programs for the community; and
WHEREAS, Dublin desires to have DSL oversee and administer all soccer program levels
in the community; and
WHEREAS, Dublin and DSL wish to assure that their successful partnership continues to
thrive, so thatthe community can continue to enjoythe many benefits of soccer activities provided
by community volunteers; and
WHEREAS, DSL recognizes Dublin's philosophy that general recreation is Dublin's
highest priority; however, also recognizes the value of advanced levels of soccer (above general
recreation) as part of the overall program, so long as there is no conflict with the accommodation
of the general recreation program and its participants.
ARTICLE I -OBJECTIVES
Dublin and DSL, in reliance on the mutual covenants and agreements contained herein, agree
to the following objectives:
A. To give every eligible youth in Dublin and the Dublin School District the opportunity to
participate in organized, "non-select" soccer programs.
B. To foster formalized relations with supplemental soccer organizations to provide quality
"middle tier" and "select" programs as well as training opportunities designed for coaches
and participants as complementary services to the general recreation program.
C. To surround these programs with such safeguards as to warrant confidence in the integrity
and administration of DSL.
D. To protect and promote the interests of the youth and adult participants.
E. To educate participants, especially youth, in proper moral, mental and physical values so
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that they may become assets to the community.
F. To provide participation opportunities without regard to the race, color, creed, age, or
national origin of the player, guardian, coach or official.
G. 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.
ARTICLE II - DSL RESPONSIBILITIES
DSL shall be responsible for the following:
A. Organizational Requirements
1. 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.
2. 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 DSL Board to be in the best
interest of the organization.
3. Maintain its offices within Dublin corporate limits. All DSL Board members will
be residents of Dublin, or reside within the Dublin School District. DSL Board
meetings shall be open to the public.
4. Provide its annual tax statement, and those of its affiliates for review/audit by
Dublin.
5. Provide proof of insurance coverage to Dublin at amounts deemed satisfactory to
Dublin and include Dublin as an additional insured.
6. No part of the net earnings of DSL shall inure to the benefit of, or be distributable
to its members, trustees, officers or other private persons, exceptthat DSL shall be
authorized and empowered to pay reasonable compensation for services rendered
and to make payments and distributions in furtherance of the purposes set forth
herein. No substantial part of the activities of DSL shall be the carrying on of
propaganda, or otherwise attempting to influence legislation, and DSL shall not
participate in, or intervene in (including the publishing or distribution of
statements) any political campaign on behalf of or in opposition to any candidate
for public office. Notwithstanding any other provision ofthese Articles, DSL shall
not carryon any other activities not permitted to be carried on (a) by a corporation
of exempt from federal income tax under Section 501 (c) (3) of the Internal
Revenue Code, or (b) by a corporation, contributions to which are deductible under
Section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any
future federal tax code.
7. Upon dissolution of DSL, assets shall be distributed for one or more purposes
within the meaning of Section 501 (c) (3) of the Internal Revenue Code, or
corresponding section of any future federal tax code, or shall be distributed to the
federal, state or local government, for a public purpose. Any such assts not so
disposed of shall be disposed of by the Court of Common Pleas of the County in
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which the principal office of DSL is then located, exclusively for such purposes or
to such organization or organizations, as said Court shall determine, which are
organized and operated exclusively for such purposes.
B. Program Requirements
1. To provide a full range of general recreation ("non-select') soccer programs for
Dublin youth of all ages, skills, and abilities, administering these programs
consistent with the requirements of the United States Youth Soccer Association.
Dublin's general recreation ("non-selecY~ soccerprogram is defined as avolunteer-
basedprogram designed primarily for Dublin residents and Dublin School District
residents, in which exclusionary try-outs are not used as a means of establishing
eligibility to participate, and only volunteer coaches are used for coaching the
teams.
2. DSL's programs are intended to be a supplement and complement to those
programs offered by school systems. All coaches within the organization are
directed to encourage the participation of their players in Dublin City School's
sports programs. No coach shall interfere in any manner with any child's
participation in any Dublin City School's sports program under pain of removal as
coach with DSL, or such other penalty as the Board of Directors or the Committee
of Ethics shall decide. DSL shall ensure that all levels of services provided are well
balanced, complementary, and do not compromise the opportunities, quality and/or
allocation of Dublin resources to the general recreation program.
3. DSL will develop and administer service agreements with other organizations for
the purpose of ensuring supplemental programs beyond what is considered general
recreation as setforth herein. Any supplemental agreements hereunder are subject
to review and the approval of Dublin, in their sole discretion.
4. DSL shall be responsible for obtaining a list of all of the players and their current
address for any and all of the teams and/or organizations that DSL contracts with
under this Agreement. Dublin expressly reserves the right, attheir sole discretion,
to impose fees for any teams or organizations that are not composed primarily, as
determined by Dublin, of residents of Dublin or the Dublin School District.
5. Assure compliance with any legal requirements for operation of its programs,
including notification and/or background checks of its staff and volunteers
regularly alone with children. Specifically, assure compliance with all child safety
measures required by the United States Soccer Federation, Soccer Association for
Youth Times Two program or any replacement program adopted.
6. Assume all responsibility for the conduct of its employees, agents, officers,
officials, volunteers, or others in the conduct of its programs and activities.
7. To establish and enforce rules and regulations for conduct of its programs,
including the conduct of coaches, parents, participants, volunteers, and officials.
8. To develop a dispute resolution procedure to be used by parents, participants, or
others with disagreements regardingthe application ofthese rules and regulations,
or the conduct of DSL programs or those of its affiliates.
9. Maintain membership in good standing with the Ohio South Youth Soccer
Association. The DSL Executive Director serves as the official representative and
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contact to the Association.
10. Maintain membership in good standing with the Mid Ohio Select Soccer League.
The DSL Executive Director serves as the official representative and contactto the
League.
C. Field Use, Conditions and/or Requirements
1. Obtain all permits from Dublin necessary for use of playing fields and support
facilities. Recognizes, for permit purposes, the seasonal year consists of two
seasons. The fall season begins two Mondays before Labor Day and continues
through the weekend following October 31. The spring season starts eight weeks
prior to Memorial Day weekend or April 1st, whichever is earliest. Spring season
ends the second Sunday in June.
2. Schedule and coordinate the use of those playing fields designated by Dublin for
use by DSL (the "Permitted Fields") during the spring and fall program periods as
defined herein. DSL will also schedule and coordinate the use of the Permitted
Fields by other programs which have obtained permission from Dublin pursuantto
this Agreement, where these needs are not in conflict with DSL programs. DSL
expressly pledges to accommodate requests from other Dublin community youth
organizations, which have obtained permission from Dublin, where such requests
do not conflict with DSL activities or with playing field integrity.
3. Comply with and communicate Dublin rules and regulations regarding conduct in
Dublin parks during periods of DSL use.
4. Meet with designated Dublin representatives on a regular basis to review playing
field and park conditions.
5. Maintain fields (lined, goals in place, assigned) at Avery Park and Darree Fields in
Dublin during the two seasonal periods defined above. Additional costs may be
incurred for activities or events planned outside the specified seasonal periods.
6. Assign and maintain field assignments including but not limited to practices,
games, camps and tournaments, as necessary for the monitored and controlled use
offield resources at Avery Park and Darree Fields, or other field space as approved
by Dublin during permit periods.
7. Assign fields giving priority to DSLJMSSA/HSSA recreation games over any
supplemental programs.
D. Equipment
1. Provide goals, nets, and other equipment necessary for its programs, along with
marking offields, and provide training, and coaches, officials, and other personnel
necessary for its programs and activities, through use of volunteers, affiliates, or
contractors.
2. Any equipment or capital improvements received through Dublin Bed Tax Funds
grants shall become property of Dublin, and will be used by DSL consistent with
the terms of this agreement and other applicable rules and regulations of Dublin.
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ARTICLE III-DUBLIN'S RESPONSIBILITIES
Dublin shall:
A. Provide a representative of Dublin to serve as a voting member of the DSL Board of
Directors.
B. Keep DSL informed as to proposed approved capital improvements, which may affect DSL
programs, activities, and ability to provide service.
C. Consider input from DSL for the development of the Dublin's capital improvement
program.
D. Consider all DSL applications for permits necessary to secure the use of those playing
fields designated by Dublin for use by DSL. Dublin may issue permits for supporting
facilities specifically regarding all camps, tournaments/clinics or other special events.
Agreements maybe entered into regarding the use of concession stands.
E. Maintain all Dublin playing fields in good playable condition, and meet with DSL
representatives regularly to jointly review field conditions, scheduled uses and mutual
needs.
F. Waive all fees associated with the use of Dublin's playing fields and supporting facilities
permitted for use by DSL. DSL may not sub-lease any Dublin facility without Dublin's
permission. Dublin reserves the right to charge fee(s) for subleases and for services
provided and/or permitted by Dublin.
G. Review and Approve all supporting Agreements between DSL and all other supplemental
soccer organizations.
H. Perform audits, at their sole discretion, to ensure that DSL or any ofthe other organizations
hereunder provide the materials and information required herein
L To enforce the terms of this Agreement.
ARTICLE IV -ORGANIZATION
A. The DSL will insure its bylaws reflectthe organizational structure presented in this Article.
B. A Board of Directors shall govern the DSL.
1. The DSL Board of Directors shall be comprised of the following voting members:
a. Two (2) at-large representatives of the members of the DSL. Members
consist of any parent and/or guardian who paid a fee for any child/adult to
participate. To be an active member, the individual must have paid afee in
the current year (year just completed). Voting privileges shall be accorded
fee-paying members of DSL. The term of the at-large representatives shall
be for two years.
b. Two (2) parent/volunteer coaches of DSL. These may be a Head Coach or
Assistant Coach. The term shall be for two years.
c. One (1) representative of Dublin: Director of Recreation Services or as
otherwise designated by Dublin.
d. One (1) ex-officio representative from each of the programs approved by
DSL and Dublin providing supplemental programs.
2. The DSL membership will elect the two at-large representatives and the two
parent/volunteerrnach representatives for "staggered"terms. Elections will be held
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annually at the beginning of the Fall season The method by which elections are
conducted, vacancies filled, terms staggered, and Board member eligibility
requirements will be specified in the DSL bylaws. Term limits of the existing
elected board members in office on the date of execution ofthis Agreement shall be
extended by one year in order to fully implement this Agreement and to
accommodate the modifications to elections schedules as stated herein.
3. At the first meeting in October of each year, the members of the Board of Directors
shall elect a Chair and Vice Chair by majority vote.
a. The duties of the Chair shall be to: preside at all meetings; serve as an ex-
officio member of all sub/committees; possess signatory authority as may
be necessary; and perform such other duties as may be required in the DSL
bylaws or as assigned by the Board of Directors.
b. The duties of the Vice Chair shall be to: preside at all meetings in the
absence of the Chair; when delegated serve as an ex-officio member of
sub/committees; possess necessary signatory authority in the absence ofthe
Chair; and perform such other duties as may be required in the DSL bylaws
or assigned by the Board of Directors.
4. DSL will have a contractual full-time Executive Director. The Executive Director
will:
a. Serve as the Secretary to the Board of Directors: keep correct records of all
meetings, attend to all correspondence; provide notification of all meetings
and maintain all important documents.
b. May serve as Treasurer of DSL. The Treasurer shall have custody of and
signatory authority over all DSL funds. With the assistance of the Finance
Committee Chair, the Treasurer shall receive, account for and properly
expend funds in accordance with the approved budget and in accordance
with the direction of the Board of Directors. Develop, present and seek
approval of an annual budget from the Board of Directors. With the
assistance of the Finance Committee Chair, the Treasurer shall develop and
present accurate budget reports to the Board of Directors on a monthly
basis.
c. Develop and manage all DSL programs.
d. Keep track and maintain memberships and membership information.
e. Ensure, manage and lead appropriate staffing with employees, volunteers
and contractors.
f Coordinate all scheduling of field usage, organizations providing
supplemental programs and other users.
g. Serve as an ex-officio member of sub/committees.
h. Receive, investigate and present all grievances from DSL members to the
Board of Directors.
i. Perform such other duties as may be prescribed or assigned by the Board of
Directors.
j. Maintain appropriate certifications, licenses and membership/affiliations as
prescribed by the Board of Directors.
k. Maintain the confidence of the Board of Directors.
5. The DSL Board of Directors will be responsible for resolving issues that arise
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among the providers of supplemental youth soccer programs including, but not
limited to, the programming, levels of service and the overall organization of youth
soccer in Dublin. In doing so, the DSL Board of Directors understands that the
success and accommodation of the general recreation program (DSL) is the
Dublin's top priority; although, Dublin also recognizes the value ofmultiple levels
of play that fortify a holistic community youth soccer program, and will
accommodate supplemental programs providing Dublin resources are available.
6. DSL shall maintain a subcommittee forthe purpose ofhearing and discussing non-
recreationlevel issues or conflicts that arise. All subcommittee meetings should be
conducted at least quarterly or as deemed necessary by the DSL Board.
Subcommittee meetings should be open to the public, with recorded minutes
maintained in a manner that is open and accessible to the general public This
subcommittee shall be chaired by an elected member ofthe DSL Board and consist
of representatives from each of the organizations providing supplemental programs,
including the Dublin's Director of Recreation Services. This subcommittee will be
responsible for making recommendations to the DSL Board for final approval, for
the purpose of resolving issues among the various organizations.
7. Dublin shall be notified, in a timely manner, of any decisions made at the DSL
Board level that result in modifications and/or alterations to the programming,
organizational structure or level of services among the organization. Any and all
modifications shall be communicated to the City via an annual report. The annual
report shall include a breakdown of the total number of teams and players for
middle tier/club (includes any team formed after exclusionary tryouts) and
recreational level. In addition, the report shall include an overall breakdown, by
age-group, ofthe percentages of resident and non-residentparticipants (ofboth City
and school district) on each team at each level. This annual report shall be
submitted to the City no later than October 31~.
8. The Board of Directors may establish additional Standing Committees,
Subcommittees, Advisory Councils, Task Forces and volunteer or contractual
"directors" as deemed necessary or appropriate to provide advice, policy
recommendations and/orto conduct certain business ofthe DSL as specified by the
Board of Directors.
ARTICLE V -SELECT SOCCER PROGRAM
"Select" soccer programs are those programs, in which volunteer and paid professional team
coaches are used, and players are permitted or denied participation based upon an evaluation ofthe
participants' soccer skills. Organizations providing supplemental "select" programs recognized
and approved by Dublin will adhere to the philosophy that general recreational soccer is the
Dublin's highest priority for use of playing fields and its access will be balanced in conjunction
with DSL programs.
ARTICLE VI -MIDDLE TIER PROGRAM
A "middle tier" soccer program is a program in which, primarily, volunteer team coaches
are used and all eligible players are assured participation regardless of skill level.
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"Middle tier" soccer programs provide soccer playing opportunities at ahigher level of competition
than general recreation but at a level of less expense, commitment, competition and travel than the
"select" or elite club teams. In order to be eligible for the "middle tier" program, players must
reside within Dublin and/or Dublin City School limits, unless otherwise determined appropriate and
approved by the DSL Board. Should aplayer be turned away because of lack of sufficient coaches
or players, the "middle tier" organization will provide the player information about opportunities in
the recreational (DSL) and "select" programs. Organizations providing supplemental "middle-tier"
programs recognized by Dublin will adhere to the philosophy that general recreational soccer is
Dublin's highest priority for use of playing fields and its access will be balanced in conjunction
with DSL programs.
ARTICLE VII-TOURNAMENTS, CAMPS/CLINICS, SPECIAL EVENTS
DSL will refer and present any and all tournaments, camps/clinics or other special events
outside the scope of basic recreational soccer programming to be conducted on Dublin's property
to Dublin for review and approval. DS L must have the permission of Dublin prior to committing to
any suchactivity/event to be conducted on Dublin's facilities. Dublin staffwill form a committee
of relevantparties to develop, evaluate and coordinate toumaments, camps/clinics and other special
events proposed on/at Dublin's facilities.
ARTICLE VIII -FACILITY FUND FEES
Facility fund fees have been collected and were approved for use by Dublin for the
construction of a concession stand at Darree Fields for the purpose of expanding, improving,
supporting, maintaining and/or equipping Dublin-owned soccer facilities that are used by or for the
benefit of the soccer community in Dublin. Any collection or application of future Facility Fund
Fees by the DSL, must first be reviewed and approved by the Parks and Recreation Advisory
Committee with final approval from Council.
ARTICLE IX -TERMS AND INTERPRETATION
The term of this Agreement shall be for three (3) years. During each year of the initial
term, the parties are required to hold meetings to review the Agreement. The annual review
meetings shall be at a time and place as designated by Dublin. The parties may non-renew or
terminate this Agreement upon providing at least one year prior notice to the other. Dublin
reserves the right to immediately terminate this Agreement if DSL breached any provision
contained herein.
Should any part ofthe Agreement be declared invalid, any remaining portion shall remain
in full force and effect as ifthis Agreementhad 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.
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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 X -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 exceptby an instrument, in writing,
mutually agreed to and signed by all parties. Nothing in this Agreement shall be construed to
constitute the relationship between DSL and Dublin as apartnership, association, or jointventure.
ARTICLE XI -GOVERNANCE
This is the sole and complete Agreement between the parties and is intended to supersede
any prior Agreements.
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 XII -INSURANCE
DSL shall be responsible for its own protection insurance from claims under worker's
compensation acts, claims for damages because ofbodily 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. DSL shall also be responsible for ensuring that any organization providing supplemental
programs have insurance as required hereunder.
DSL shall be responsible for its own protection insurance from auto claims, property
damage claims, personal injury claims.
Any insurance required hereunder shall be at limits agreeable to Dublin and shall name
Dublin as "an additional insured."
ARTICLE XIII -INDEMNIFICATION
DSL agrees to indemnify, protect and hold harmless 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,
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if such are sustained as a direct consequence of DSL's provision of any services and/or activities
described in this Agreement. DSL shall, at its own expense, satisfy and cause to be discharged
such judgments as may be obtained against Dublin or any of its elected officials, officers,
employees, or volunteers.
IN WITNESS THEREOF, the parties hereto have executedthis Agreement in quadruplicate
originals on the day and year here above written.
THE CITY OF DUBLIN
By:
Terry Foegler
City Manager
Approved as to form:
By:
Stephen J. Smith
Law Director
DUBLIN SOCCER LEAGUE
By:
Daniel Wesner
Chairperson
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DECLARATION OF MUTUAL SUPPORT AND AGREEMENT
THIS AGREEMENT, entered into this the day of 2009, by and
between the City of Dublin (hereinafter referred to as "Dublin"), 5200 Emerald Parkway, Dublin,
Ohio 43017, the Dublin Soccer League (hereinafter referred to as "DSL"), 37 West Bridge Street
Dublin, Ohio 43017.
WHEREAS, Dublin recognizes the value of recreational activities for its residents, and has
supported and endorsed community organizations that provide recreational activities to Dublin
residents; and
WHEREAS, DSL is anon-profit community organization in existence ui Dublin for many
years and long recognized by Dublin as its partner ui providuig outdoor ``non-select" soccer
programs for the community; and
WHEREAS, DSL and Dublin have worked and will continue to work with other
organizations to provide supplemental soccer programs for the conununity; and
in
WHEREAS, Dublin and DSL wish to assure that their successful partnership continues to
thrive, so that the cornnninity can continue to enjoy the many benefits of soccer activities provided
by community volunteers; and
WHEREAS, DSL recognizes Dublin's philosophy that general recreation is Ihiblin's highest
priority; however, also recognizes the value of advanced levels of soccer (above general recreation)
as part ofthe overall program, so long as there is no conflict with the accommodation ofthe general
recreation program and its participants.
.~,.<.,.. ARTICLE I -OBJECTIVES
Dublin and DS L, in reliance on the mutual covenants and agreements contained herein, agree to
the following objectives:
A. To give every eligible youth in Dublin and the Dublin School District the opportunity to
participate in organized, ``non-select'' soccer programs.
B. To foster formalized relations with supplemental soccer orguiizations to provide quality
"middle tier" and "select" programs as well as training opportunities designed for coaches
and participants as complementary services to the general recreation program.
C. To surround these programs with such safeguards as to wan•ant confidence in the integrity
and administration of DSL.
D. To protect and promote the interests ofthe youth and adult participants.
Page2of10
E. To educate participants, especially youth, in proper moral, mental and physical values so
that they may become assets to the community.
F. To provide participation opportunities without regard to the race, color, creed, age, or
national origin ofthe player, guardian, coach or official.
G. 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.
ARTICLE II - DSL RESPONSIBILITIES
DSL shall be responsible for the following:
A. Organizational Requirements
1. 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 firture federal tax code.
2. 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 DSL Board to be in the best
interest of the organization.
3. Maintain its offices ~i~ithin Dublin corporate lunits. All DSL Board members will be
residents of Dublin, or reside within the Dubli~i School District. DSL Board
meetings shall be open to the public.
4. Provide its aiuiual tax statement, and those of its affiliates for review/audit by
5. Provide proof of uisurance coi--erage to Dublin at amounts deemed satisfactory to
Dublin and include Dublin as an additional insured.
6. No part ofthe net eainulgs of DSL shall inure to the benefit of, or be distributable to
its members, trustees, officers or other private persons, except that DSL shall be
authorized and empowered to pay reasonable compensation for services rendered
and to make payments and distributions in furtherance of the purposes set forth
~zn}>
`' herein. No substantial part of the activities of DSL shall be the carrying on of
propaganda, or otherwise attempting to influence legislation, and DSL shall not
participate ui, or intervene in (including the publishing or distribution of statements)
any political campaign on behalf of or in opposition to any candidate for public
office. Notwithstanding any other provision ofthese Articles, DSL shall not carryon
any other activities not permitted to be carried on (a) by a corporation of exempt
from federal income tax under Section 501 (c) (3) ofthe Internal Revenue Code, or
(b) by a corporation, contributions to which are deductible under Section 170 (c) (2)
of the Internal Revenue Code, or corresponding section of any future federal tax
code.
7. Upon dissolution of DSL, assets shall be distributed for one or more purposes within
the meaning of Section 501 (c) (3) of the Internal Revenue Code, or corresponding
section of any future federal tax code, or shall be distributed to the federal, state or
{H7540532.1 }
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local government, for a public purpose. Any such assts not so disposed of shall be
disposed of by the Court of Common Pleas of the County in which the principal
office of DSL is then located, exclusively for such purposes or to such organization
or organizations, as said Court shall determine, which are organized and operated
exclusively for such purposes.
B. Program Requirements
1. To provide a full range of general recreation ("non-select") soccer programs for
Dut~lin youth of all ages, skills, and abilities, administering these programs consistent
with the requi•ements of the United States Youth Soccer Association. Dublin's
general recreation ("non-select"} soccer program is defined as a volunteer-based
program designed primarily for Dublin residents and Dublin School District
residents, in which exclusionary try-outs are not used as a means of establishing
eligibilityto participate, and only volunteer coaches are used forcoachiigtheteams.
2. DSL's programs are intended to be a supplement and complement to those
programs offered by school systenLS. All coaches within the organization are
directed to encourage the participation of their players in Dublii City School's
sports programs. No coach shall interfere i1i any manner with any child's
participation in any Dublin City School's sports program under pain of removal as
coach with DSL, or such other penalty as the Board of Di•ectors or the Committee
of Ethics shall decide. DSL shall ensure that all levels of services provided are well
balanced, complementary, and do not compromise the opportunities, quality and/or
allocation of Dublin resources to the general recreation program.
3. DSL will develop and administer service agreements with other organizations forthe
purpose of ensuring supplemental programs beyond «~hat is considered general
recreation as set forth herein. _4~1y supplemental agreements hereunder are subject
to review and the approval of Dublin, in their sole discretion.
4. DSL shall be responsible for obtainiig a list of all of the players and their current
address for any and all ofthe teams and/or organizations that DSL contracts with
_> under this Agreement. Dublin expressly reserves the right, at their sole discretion, to
impose fees for any teams or organizations that are not composed primarily, as
5. Assure compliance with any legal requi•ements for operation of its programs,
includng notification and/or background checks of its staff and volunteers regularly
alone with children. Specifically, assure compliance with all child safety measures
requi•ed by the United States Soccer Federation, Soccer Association for Youth
Times Two program or any replacement program adopted.
6. Assume all responsibility for the conduct of its employees, agents, officers, officials,
volunteers, or others in the conduct of its programs and activities.
7. To establish and enforce rules and regulations for conduct of its programs, including
the conduct of coaches, parents, participants, volunteers, and officials.
8. To 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 DSL programs or those of its affiliates.
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9. 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.
10. 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.
C. Field LJse, Conditions and/or Requirements
1. Obtain all permits from Dublin necessary for use of playing fields and support
facilities. Recognizes, for permit purposes, the seasonal year consists of two
seasons. The fall season begins two Mondays before Labor Day and continues
through the weekend following October 31. The spring season starts eight weeks
prior to Memorial Day weekend or April 1St, whichever is earliest. Spring season
ends the second Sunday in June.
2. Schedule and coordinate the use ofthose playing fields designated by Dublinfor use
by DSL (the "Permitted Fields") during the spring and fall program periods as
defined herein. DSL will also schedule and coordiiate the use of the Permitted
Fields by other programs ~~-~hich have obtaiied permission from Dublin pursuant to
this Agreement, where these needs are not it conflict with DSL programs. DSL
expressly pledges to accommodate requests from other Dublin community youth
organizations, which have obtained permssion from Dublin, where such requests do
not conflict ~~~ith DSL activities or with playing field integrity.
3. Comply with and conununicate Dublii rules and regulations regarding conduct in
Dublin parks during periods of DSL use.
4. Meet with designated Dublin representatives on a regular basis to review playing
field and park conditions.
~. I4laiitail fields Oiled, goals in place, assigned) at Avery Park and Darree Fields in
Dubinl during the tai-~o seasonal periods defined above. Additional costs may be
incurred for actii--ities or et%ents planned outside the specified seasonal periods.
6. Assign and mailtaii field assignments including but not limited to practices, games,
camps and tournaments, as necessary for the monitored and controlled use of field
resources at Avery Park and Dairee Fields, or other field space as approved by
Dublui during permit periods.
7. Assign fields giving priority to DSL/MSSA/HSSA recreation games over any
supplemental programs.
D. Equipment
1. Provide goals, nets, and other equipment necessary for its programs, along with
marking of fields, and provide training, and coaches, officials, and other personnel
necessary for its programs and activities, through use of volunteers, affiliates, or
contractors.
2. Any equipment or capital improvements received through Dublin Bed Tax Funds
grants shall become property of Dublin, and will be used by DSL consistent withthe
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terms of this agreement and other applicable rules and regulations of Dublin.
ARTICLE III - DLJBLIN'S RESPONSIBILITIES
Dublin shall:
A. Provide a representative of Dublin to serve as a voting member of the DSL Board of
B. Keep DSL informed as to proposed approved capital improvements, which may affect DSL
programs, activities, and ability to provide service.
C. Consider input from DSL for the development. of the Dublin's capital improvement
program.
D. Consider all DSL applications for permits necessary to secure the use ofthose playing fields
designated by Dublin for use by DSL. Dublin may issue permits for supportuig facilities
specifically regarding all camps, tournaments/cluiics or other special events. Agreements
maybe entered into regarding the use of concession stands.
E. Maintain all Dublin playing fields in good playable condition, and meet with DSL
representatives regularly to jointly review field conditions, scheduled uses and mutual needs.
F. Waive all fees associated with the use of Dubin's playing fields and supporting facilities
permitted for use by DSL. DSL may not sub-lease any Dublin facility without Dublin's
permission. Dublin reserves the right to charge fee(s) for subleases and for services provided
andlor permitted by Dublin.
G. Review and Approve all supporting Agreements between DSL and all other supplemental
soccer organizations.
H. Perform audits, at thew sole discretion, to ensure that DSL or any ofthe other organizations
heretuider provide the materials and uifonnation required herein
I. To enforce the terms ofthis Agreement.
- ORGANIZATION
A. The DSL «~ill insure its byla~i~s reflect the organizational structure presented in this Article.
B. A Board of Directors shall govern the DSL.
1. The DSL Board of Directors shall be comprised of the following voting members:
a. Two (2) at-large representatives of the members of the DSL. Members
consist of any parent andlor guardian who paid a fee for any childladult to
participate. To be an active member, the uidividual must have paid a fee in
the current year (year just completed). Voting privileges shall be accorded
fee-paying members of DSL. The term ofthe at-large representatives shall
be for two years.
b. Two (2) parentlvohmteer coaches of DSL. These may be a Head Coach or
Assistant Coach. The term shall be for two years.
c. One (1) representative of Dublin: Director of Recreation Services or as
otherwise designated by Dublin.
d. One (1) eY-officio representative from each of the programs approved by
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DSL and Dublin providing supplemental programs.
2. The DSL membership will elect the two at-large representatives and the two
parent/volunteer coach representatives for "staggered" terms. Elections will be held
annually at the beginning of the Fall season The method by which elections are
conducted, vacancies filled, terms staggered, and Board member eligibility
requu•ements will be specified in the DSL bylaws. Term limits ofthe existuig elected
board members in office on the date of execution of this Agreement shall be
extended by one year in order to fully implement this Agreement and to
accommodate the modifications to elections schedules as stated herein.
3. At the fu•st meeting in October of each year, the members ofthe Board of Directors
shall elect a Chair and Vice Chair by majority vote.
a. The duties of the Chair shall be to: preside at all meetings; serve as an ex-
officio member of all sub/conunittees; possess signatory authority as maybe
necessary; and perform such other duties as may be required in the DSL
bylaws or as assigned by the Board of Du•ectors.
b. The duties ofthe Vice Chair shall be to: preside at all meetings in the absence
of the Chair; when delegated sei•~=e as an ex-officio member of
sub/committees; possess necessary signatory authority in the absence ofthe
Chair; and perform such other duties as ma`s be required In the DSL bylaws
or assigned by the Board of Directors.
4. DSL will have a contractual fiill-time Executive Director. The Executive Director
will:
a. Serve as the Secretaiyto the Board of Directors: keep correct records ofall
meetings, attend to all con•espondence; provide notification of all meetings
b. Nlay serve as Treasurer of DSL. The Treasurer shall have custody of and
signatory authority of--er all DSL funds. With the assistance of the Finance
Conunittee Chau•, the Treasurer shall receive, account for and properly
expend funds ui accordance with the approved budget and in accordance
with the du•ection of the Board of Directors. Develop, present and seek
approval of an annual budget from the Board of Directors. With the
assistance of the Finance Committee Chair, the Treasurer shall develop and
present accurate budget reports to the Board of Directors on a monthly
basis.
c. Develop and manage all DSL programs.
d. Deep track and maintain memberships and membership information.
e. Ensure, manage and lead appropriate staffing with employees, volunteers
and contractors.
f. Coordinate all scheduling of field usage, organizations providing
supplemental programs and other uses.
g. Serve as an ex-officio member of sub/committees.
h. Receive, investigate and present all grievances from DSL members to the
Board of Directors.
i. Perform such other duties as maybe prescribed or assigned by the Board of
Directors.
{H7540532.1 }
Page 7 of 10
j. Maintain appropriate certifications, licenses and membership/affiliations as
prescribed by the Board of Directors.
k. I~laintaul the confidence of the Board of Directors.
5. The DSL Board of Directors will be responsible for resolving issues that arise among
the providers of supplemental youth soccer programs including, but not lunited to,
the progranunulg, levels of service and the overall organization of youth soccer in
Dublin. In doing so, the DSL Board of Directors understands that the success and
accommodation of the general recreation program (DSL) is the Dublin's top
priority; although, Dublin also recognizes the value of multiple levels of play that
fortify a holistic community youth soccer program, and will accommodate
supplemental programs providing Dublin resoLirces are available.
6. DSL shall maintain a subcommittee for the purpose of hearing and discussing non-
recreationlevel issues or conflicts that arise. All subcommittee meetings should be
conducted at least quarterly or as deemed necessary by the DSL Board.
Subcommittee meetings should be open to the public, with recorded minutes
maintained in a manner that is open and accessible to the general public. This
subcommittee shall be chau•ed by an elected member of the DSL Board and consist
of representatives from each ofthe organizations providuig supplemental programs,
including the Dublin's Director of Recreation Services. This subcommittee will be
responsible for making recommendations to the DSL Board for final approval, for
the purpose of resolving issues among the various organizations.
7. Dublin shall be notified, in a timely manner, of any decisions made at the DSL Board
level that result in modifications andlor alterations to the programming,
organizational structure or level of sen~ices among the organization. Any and all
modifications shall be communicated to Dublin's Parks and Recreation Advisory
Commission via an annual re~pot-t from DSL by December 31, of each year.
R. The Board of Directors may establish additional Standing Committees,
Subconunittees, Advisory Councils, Task Forces and volunteer or contractual
"directors" as deemed necessary or appropriate to provide advice, policy
reconunendations andlor to conduct certain business ofthe DSL as specified bythe
Board of Directors.
ARTICLE V -SELECT SOCCER PROGRAM
"Select" soccer programs are those programs, ui which volunteer and paid professionalteam
coaches are used, and players are permitted or denied participation based upon an evaluation ofthe
participants' soccer skills. Organizations providing supplemental "select" programs recognized and
approved by Dublin will adhere to the philosophy that general recreational soccer is the Dublin's
highest priority for use of playing fields and its access will be balanced in conjunction with DSL
programs.
ARTICLE VI -MIDDLE TIER PROGRAM
A "middle tier" soccer program is a program in which, primarily, volunteer team coaches are
used and all eligible players are assured participation regardless of skill level.
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Page8of10
"IVliddle tier" soccer programs provide soccer playing opportunities at a higher level of competition
than general recreation but at a level of less expense, commitment, competition and travel then the
"select" or elite club teams. In order to be eligible for the "middle tier" program, players must reside
~~vithin Dublin andior Dublin City School limits, unless otherwise determined appropriate and
approved by the DSL Board. Should a player be turned away because of lack ofsufficient coaches or
players, the "middle tier" organization will provide the player information about opportunities in the
recreational (DSL) and "select" programs. Organizations providing supplemental "middle-tier"
programs recognized by Dublin will adhere to the philosophy that general recreational soccer is
Dublin's highest priority for use of playing fields and its access will be balanced in conjunction with
DSL programs.
ARTICLE VII -TOURNAMENTS, CAMPSI`CLINICS, SPECIAL EVENTS
DSL will refer and present any and all tournaments, camps;`clinics or other special events
outside the scope of basic recreational soccer programming to be conducted on Dublin's propertyto
Dublii for review and approval. DSL must have the permission of Dublil prior to cornlnitting to any
such activity/event to be conducted on Dublin's facilities. Dublin staff will form a corrunittee of
relevant parties to develop, evaluate and coordinate tournaments, camps/clinics and other special
events proposed on/at Dublin's facilities.
ARTICLE VIII - FACILITI' FUND
Facility fund fees
construction of a co
supporting, maintains
benefit ofthe soccer c
by the DSL, must. fu-st be n
with final approval from C
AR']
The t-es7n ofthis A~
the parties are required to
shall be at a tine and place
Agreement upon
immediately tertr
been collected and «-•ere approved for use by Dublin for the
and at Darree Fields for the purpose of expanding, improving,
~tuipping Dublin-owned soccer facilities that are used by or for the
m Dublil. Any collection or application offuture Facility Fund Fees
'd and approt%ed by the Parks and Recreation Advisory Connnittee
AND INTERPRETATION
;nt shall be for three (3) years. During each year of the initial term,
meetings to review the Agreement. The annual review meetings
:signated by Dublin. The parties may non-renew or terminate this
~.st one year prior notice to the other. Dublin reserves the right to
ement if DSL breached any provision contained herein.
Should any part ofthe 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 partyto enforce at anytime any ofthe provisions ofthis Agreement shall in no way
be construed to be a waiver of such provision or in any way offset the validity ofthe 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 ofthis Agreement shall be held to be a waiver of any other or
subsequent breach.
{H7540532.1 }
Page9of10
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 X -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 DSL and Dublin as a partnership, association, or joint venture.
ARTICLE XI -
This is the sole and complete Agreement
any prior Agreements.
the parties and is urtended to supersede
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 coma
bound by this Agreement and its terms, and
XII
DSL shall be rest
compensation acts, clauns
or disease or death of any ;
clauns or damages becaus
there
orders
programs have insurance as
DS L shall b
claims, personal inj
requirements necessary for it to be
justifiably rely on its terms.
its o~~ n protection insurance from claims under worker's
±s because of bodily injury including personal injury, sickness
toyees or of any person other than such employees, and from
to or destruction of property including loss of use resulting
xescribed by laws, rules, regulations, ordinances, codes, or
for ensuring that any organization providing supplemental
hereunder.
for its own protection/insurancefiom auto claims, property damage
Any insurance required hereunder shall be at limits agreeable to Dublin and shall name
Dublin as "an additional uisured."
ARTICLE XIII - INDEI~•1NIFICATION
DSL agrees to indemnify, protect and hold harmless 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 directlyarising out
{H7540532.1 }
Page l0 of 10
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 any services and/or activities described in this
Agreement. DSL shall, at its own expense, satisfy and cause to be discharged such judgments as
maybe obtained against Dublin or any of its elected officials, officers, employees, or volunteers.
IN WITNESS THEREOF, the parties hereto have executedthis Agreement in quadruplicate
originals on the day and year here above written.
THE CITY OF DUBLIN
By:
Terry Foegler
City Manager
Approved as to form:
By:
Stephen J. Smith
Law Du•ector
DUBLIN SOCCER LEAGUE
By:
Daniel ~~'e~sner
~:, Chairperson
{H7540532.1 }