41-06 Resolution
RECORD OF RESOLUTIONS
Dayton Le_~I_~~9-nk, Inc.. Form _~():?Oq45
Resolution No. 41-06 Passed
.20 -
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH DUBLIN
SOCCER LEAGUE (DSL) AND DUBLIN MIDDLE TIER
SOCCER ORGANIZATION (DMTSO)
WHEREAS, an Agreement has been developed with the input of various
community soccer interests; and
WHEREAS, the City, Dublin Soccer League (DSL) and Dublin Middle Tier
Soccer Organization (DMTSO) recognize the value of "middle tier" soccer
activities for the Dublin community and have supported and endorsed community
organizations that provide these activities; and
WHEREAS, the City, DSL and DMTSO wish to assure that their successful
partnership continues so that the Dublin community can continue to enjoy the
many benefits of "middle tier" soccer activities provided by Dublin community
volunteers.
NOW, THEREFOZE, BE IT RESOLVED by the Council of the 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 Dublin Middle Tier Soccer
Organization (DMTSO) attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect and be in force on the earliest date
permitted by law.
"
Passed this Li.:tb....- day of ~ ,2006
~~~
Mayor - Presiding Officer
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.
Office of the City Manager
5200 Emerald Parkway. Dublin, OH 43017
CITY OF DUBLIN_ Phone: 614-410-4400. Fax: 614-410-4490 Memo
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manage(:h~. Q).~~
Date: April 12, 2006
Initiated By: Sara Ott, Assistant City Manager
Re: Res. 41-06 Authorizing the City Manager to Enter into an Agreement
with Dublin Soccer League and Dublin Middle Tier Soccer
Organization
Summary
Over the past several months, staff and the soccer community have been drafting an
agreement between the City, Dublin Soccer League (DSL) and Dublin Middle Tier Soccer
Organization (DMTSO) for a league that provides a level of competition above recreational
programs, but with less time and financial commitment than select soccer. This draft
agreement is attached for your consideration.
Discussion
DMTSO is in its second season of operations in Dublin. It provides playing opportunities for
132 Dublin youth, ages 7 to 10. Currently, it is sanctioned by the Greater Outerbelt Youth
Soccer League and Soccer Association for Youth.
This proposed agreement is the fourth agreement drafted between the City and soccer
community. The first agreement was approved by Council in April 2004 outlining the roles and
responsibilities of DSL and the City for the provision of recreational soccer programming. In
November 2005, City Council authorized entering into agreements with Ohio F .C. Soccer Club
and Ohio Premier Soccer Club for their provision of select level competition for the community.
The draft agreement now before City Council provides intermediate play opportunities for
Dublin area youth.
What is a middle tier program?
The soccer community and staff defined several characteristics that make a league a middle
tier program. Generally, the middle tier provides a level of competition above recreational
programs, but with less time and financial commitment than select soccer. This is further
defined by the ability for players to become carded; limiting geographic area within which
teams may play to seven central Ohio counties; prohibiting tryouts; requiring, in most cases,
accepting all interested players within Dublin City Schools and the City of Dublin corporate
limits; using only volunteer coaches; and being a recognized non-profit organization.
Responsibilities
The City/DSUDMSTO agreement is similar to other soccer agreements. DMTSO is
responsible for its day-ta-day operations, volunteer screening, coach training, remaining in
good standing with its sanctioning organizations, and meeting legal and insurance obligations.
DMTSO field use times would be scheduled by DSL, with the intent of recreational
Memo to City Council
April 12, 2006
Page Two
programs having first priority for field use. Further, DMTSO would host a soccer camp in early
to mid August at Ear1ington Park for their league.
DSL remains responsible for field scheduling during the spring and fall season, ensuring fields
are lined and goals set up for games, remaining in good standing with sanctioning soccer
organizations and working with the City on identifying necessary capital improvements.
In recognition of the services DMTSO is providing the community, the City would agree to
waive field fees.
Term of the Agreement
This agreement is for three years and will automatically renew for successive three-year
periods thereafter. The City has the right to terminate the agreement with one-year notice to
DSL and DMTSO.
Recommendation
Staff recommends approval of Resolution 41-06.
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DECLARATION OF MUTUAL SUPPORT AND AGREEMENT
THIS AGREEMENT, entered into as of this _ day of _,2006, by and between the City of
Dublin (hereinafter referred to as the "City") 5200 Emerald Parkway, Dublin, Ohio 43017, the
Dublin Middle Tier Soccer Organization (hereinafter referred to as "DMTSO") 6475 Perimeter
Drive PMB 118 Dublin, OH 43016 , and the Dublin Soccer League (hereinafter referred to as
"DSL"), 37 West Bridge Street, Dublin, Ohio 43017.
WHEREAS, the City and DSL recognize the value of soccer activities for the Dublin community,
and have supported and endorsed community organizations that provide these activities; and
WHEREAS, DMTSO is a non-profit community organization in existence in Dublin and
recognized by the City and DSL as a partner in providing outdoor soccer programs for the Dublin
community;
WHEREAS, the City, DMTSO 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 soccer activities
provided by Dublin community volunteers and professionals; and
WHEREAS, DMTSO recognizes and will adhere to the philosophy that general recreational soccer
is the City's highest priority for use of playing fields and DMTSO program access will be balanced
with DSL programs, club programs, other Dublin youth/adult sports and events "permitted" or
otherwise authorized by the City.
ARTICLE I - OBJECTNES
The Dublin City Council, the DMTSO 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 City Schools the opportunity
to participate in organized competitive soccer programs.
B. To surround these programs with such safeguards as to warrant confidence in the integrity
and administration of DMTSO.
C. To protect and promote the interests ofthe youth and adult 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.
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ARTICLE IT - RESPONSffiILITIES
A. DMTSO shall accomplish the following:
1. Provide a range of middle tier soccer programs for Dublin youth of all ages, skills, and
abilities, administering middle tier soccer programs consistent with the requirements of
the Soccer Association for Youth/Ohio South Youth Soccer Association and United
States Soccer Federation.
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 ofDMTSO 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 Soccer Federation or other sanctioning
body, as may be deemed by the DMTSO Board to be in the best interest of the
organization.
5. Provide its annual tax statement, and those of its affiliates forreview/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 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.
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 DMTSO use. Comply with governing body (eg. Soccer
Association For Youth/Ohio South Youth Soccer Association, US Club Soccer, USSF,
etc.) regulations and insurer guidelines regarding general safety as they apply to field
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conditions and structures (goals, etc.)
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 DMTSO (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 futernal 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 capital improvement program (CIP) and keep
informed regarding proposed CIP projects thru DSL.
17. Provide the DSL, thirty days prior to the start of the fall and spring season, an official
list of teams requiring the use ofDSL services andlor City facilities, along with their
respective coaches and administrators authorized to request field changes.
18. Recognize that beyond the usual and customary scheduling process, games will be
scheduled on a case-by-case basis and can not be guaranteed.
19. Assert that the DMTSO President or Chief Executive will be the final authority for the
purpose of clarifying requests and information from within the DMTSO organization.
20. Recognize that the DSL leases the A very 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. DMTSO will not compete with the DSL for
concession sales revenue at A very Park or at Darree Fields.
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 1 st, spring fees are due
June 1st. The amount of the fee will be determined annually by July 1 st, prior to the
beginning of the seasonal year. This fee is exclusive to this purpose.
23. Respect CitylDSL decisions regarding field closings (for any reason) and refrain from
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using them during posted periods. Teams found in violation will be subject to
suspension of field use privileges for the remainder of the season.
B. The City shall accomplish the following:
1. Consider all DMTSO applications for permits necessary to secure the use of those
playing fields designated by the City for use by DMTSO. 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 DMTSO. The
City shall give at least one-year notice before implementing any such fee for DMTSO
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 1 st, 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
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specified seasonal periods.
7. Recognize specific DMTSO hosted or sponsored soccer event:
. DMTSO Soccer Camp occurring in early or mid August at Earlington Park.
8. Operate its own spring recreation tournament and middle school divisional tournament
games as part of basic recreational programming.
ARTICLE ill - 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 Ohio
F.C. Soccer Club (OFC) and Ohio Premier Soccer Club (OP) as the primary providers of " Select"
soccer programs in the City of Dublin. OFC and 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 in conjunction with DSL programs, MTO programs, other Dublin youth/adult sports and
events "permitted" or otherwise authorized by the City.
ARTICLE N - MIDDLE TIER PROGRAM
DMTSO acknowledges that the City of Dublin recognizes "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 ofless
expense, commitment, competition and travel than the "select" or elite club teams.
Specifically, a MTO is defined as follows:
1. Player Carding: MTO players may be carded and participate in tournaments located within
the playing area defined in this section.
2. Playing Area: MTO players may only participate in games and 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 of the central Ohio area.
3. Team Formation: MTO is prohibited from using tryouts or another similar process to
exclude participants on the basis of talent or ability. A skills evaluation process may be
used to appropriately place players on teams of mixed talent or ability.
4. Eligibility: MTO accepts all interested players within Dublin City Schools limits and
Dublin City limits, unless sufficient cause exists. Examples of sufficient cause may
include, but is not limited to, litigation, claims, persistent misconduct, misrepresentation,
delinquency or lack of sufficient coaches or players to fulfill a team roster. Should a player
be turned away because of lack of sufficient coaches or players, MTO will provide the
player information about opportunities in the recreational and select programs.
5. Coaches: MTO will make use of volunteer coaches and will not pay any coaches, trainers or
team managers for instruction ofMTO players during season. However, an MTO may pay
coaches or trainers for instruction during an off-season clinic or camp.
6. Field Use: 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
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fields will be balanced in conjunction with DSL programs, club programs (OP & OFC),
other Dublin youth/adult sports and other events "permitted" or otherwise authorized by the
City.
7. Organization: MTO is a separate 501(c)(3) entity/organization from DSL, OP and OFC.
ARTICLE V - TOURNAMENTS, CAMPS/CLINICS, SPECIAL EVENTS
DMTSO will present any and all tournaments and camps/clinics or other special events
outside the designated spring and fall DSL permitted seasons or locations to be conducted on City
property to the City of Dublin for review and approval. DMTSO must have the permission ofthe
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.
ARTICLE VI - FACILITIES FUND FEE
Should DMTSO wish to collect any facility fund fee, it shall only 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. Prior to implementation of any such facility fund fee, DMTSO must first have the approval
of Dublin City Council.
ARTICLE vn - TERMS AND INTERPRETATION
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.
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 VIll- 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
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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 DMTSO 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
DMTSO 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.
DMTSO shall be responsible for its own protection/insurance from auto claims, property
damage claims, personal injury claims.
DMTSO 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 DMTSO and name DMTSO as an additional
insured. Such coverages shall be at limits agreeable to DMTSO.
ARTICLE XI - INDEMNIFICATION
DMTSO 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 DMTSO's provision of activities
described in this agreement. DMTSO 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.
DMTSO 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
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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 ofDMTSO's provision of activities described in the Agreement. DMTSO 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 DMTSO 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 DUBLIN MIDDLE TIER SOCCER
ORGANIZATION
By: By:
Jane S. Brautigam Larry Shilling
City Manager Chairperson
Approved as to form: DUBLIN SOCCER LEAGUE
By: By:
Stephen J. Smith Chris Clinton
City Attorney Chairperson
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