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HomeMy WebLinkAboutResolution No. 2013-004 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2013- _X). - A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE ATHLETIC FACILITY USAGE/RENTAL POLICY AS AMENDED; PROVIDING AN EFFECTIVE DATE WHEREAS, the Parks and Recreation Department has proposed an amended policy for the usage and rental of athletic facilities within the City of The Colony; and, WHEREAS, the City Council has determined that adopting the amended Athletic Facility Usage / Rental Policy as well as the fees provided therein would be in the best interest of the City: and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. The City Council hereby adopts the Athletic Facility Usage / Rental Policy and the fees provided for therein, which is attached hereto and incorporated herein by reference as Exhibit "A." Section 2. That all provisions of any resolution of the City Council of the City of The Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this resolution shall remain in full forcc and effect. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15th day of January, 2013. ice McCouryy, Mayor rsI~. P rpCity of The~Colony, Texas - ~r Christie Wilson, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moor-, City Attorney THE COLONY PARKS & RECREATION DEPARTMENT ATHLETIC FACILITY USAGE / RENTAL POLICY Approved 3/15/04 Amended 10/01/07 Amended 12/21/10 Amended 1/15/13 I 1 I. AUTHORITY OVER FACILITIES At all times, the Parks & Recreation Department (herein after referred to as the "Department") is responsible for administering City and Departmental policies regarding all City-owned or leased parks and athletic facilities. The Department will take appropriate action regarding misuse of the facilities and/or misconduct by participants. II. VIOLATION OF POLICIES Any person or organization violating the intent of these policies or the rules and regulations implied within may be refused usage of facilities and/or lose co- sponsorship of the city. ALL users are subject to fines for violation of ordinances. III. ATHLETIC FACILITY AVAILABILITY The Parks & Recreation Department maintains exclusive primary usage for any and all Department sponsored leagues, tournaments, special events, activities and scheduled maintenance on all athletic facilities. Following Department sponsored programs, the Department will recognize co- sponsored sport association facility requests. Therefore, before and during the official sport association season, all available practice areas shall be open to co- sponsored associations for practices and scheduled games. For the purpose of this agreement city co-sponsored associations are defined as TCYSA (The Colony Youth Soccer Association), TCYFA (The Colony Youth Football Association), TCYBA The Colony Youth Baseball Association), and TCSA (The Colony Softball Association). Practice and regulation facilities may be assigned / reserved to an organization / person which is not co-sponsored by the Department only after the needs of the Department and co-sponsored organizations have been met. IV. SPECIFIC SPORT SEASONS The Parks & Recreation Department will work cooperatively with each co- sponsored association to establish specific sport seasons that will adhere to as closely as possible the seasons established and followed by the co-sponsored associations, and will also allocate use of athletic facilities in The Colony. The seasons and facility allocation must be adhered to by all organizations desiring co- sponsorship with the Department. 2 V. REQUIREMENTS OF CO-SPONSORED ORGANIZATIONS In order to be co-sponsored by the Department, each organization is required to: 1. Already have an established relationship with the Department (TCYFA, TCYSA, TCYBA, TCSA), or apply for approval by the Parks & Recreation Department (see Exhibit A). New organizations desiring to begin a program in The Colony and seeking co-sponsorship by the Department must meet with the Department at least ninety (90) days prior to the start of the proposed season. 2. Operate, as a member, under the rules and procedures of a larger, governing organization. Within their sport this governing body must be recognized on either a regional, state or national level, and must have a minimum three year history as an organization with established rules and bylaws. References may be required. Final approval is subject to review by The Colony Parks & Recreation Department. 3. Have an insurance policy that provides a minimum of $1,000,000 for general liability and $25,000 accident and medical expense coverage. A copy of the coverage policy or proof of intent to purchase such a policy by each organization must be turned in to the Department office before the first league practice. 4. Contribute financially or through in-kind services to the maintenance, upkeep and improvements to fields and facilities utilized by the association. Any maintenance performed to fields or facilities must be done under the direct supervision of Parks & Recreation Department staff. 5. Enter into an agreement (Exhibit B) between The Colony Parks & Recreation Department and said organization, and must adhere to the following requirements: a. For each youth sports participant, a parent or legal guardian must sign a statement agreeing to release, absolve, indemnify and hold harmless the City of The Colony, its agents, servants, employees, officials and supervisors, any or all of them in event of any accident, injury, or death sustained by the participant while being transported to or from an activity, or while participating in an activity. Forms must be available for review by the Department prior to the start of official practices. b. Provide all records of operation upon request for audit at any time by the Department. I i 3 i I c. Have a board of directors, with a president, vice-president, secretary and treasurer; or, some other type of representative board or group of league officials. Each organization must provide pertinent home and business phone numbers, addresses, and email address of their officers to the Department at the time of the facility request, and must notify the Department immediately of any changes to the information. d. Provide the Department a copy of the organization's constitution, by-laws, and league rules. e. Furnish schedules to the Department at least one-week prior the first official league game or activity, three days prior to the first official practice, and notify the Department of any scheduling changes immediately. f Schedule league games in such a way that maximizes use of single fields prior to scheduling multiple fields on any given day. All schedules must be approved by PARD prior to being released to the association membership. g. Provide a scheduling contact for all other associations that will inter-league with the co-sponsored associations. Notification is required to all inter-league associations that PARD approval is required prior to release of the schedule. h. All persons serving as head coaches must be certified by an approved national youth sports coaches association, as mandated by City ordinance (Ord No. 956). i. Have board, or designee, meet with the Parks & Recreation Department upon request and on a quarterly basis to present a financial statement for all league operations and discuss pertinent issues. j. Provide agendas and minutes from Association board meetings to the Department office, and post for general membership review upon approval. k. Adhere to the Document Checklist (Exhibit C) and the timeline established within for all required information. Submit all paperwork, including the Participation Report form (Exhibit D). 1. Each CSA, and its membership, is expected to adhere to a minimum code of conduct as outlined in Exhibit G. This code 4 of conduct must be published on each organization's website and at the primary game facility as reference for their membership. Each CSA may adopt a more stringent code of conduct as it sees fit. Failure to adhere to timelines may result in delays in scheduling use of fields/facilities. VI. APPLICATION OF CO-SPONSORSHIP After an organization is granted co-sponsorship by the city, the following will apply: 1. Each organization must submit the Seasons Calendar (Exhibit E) form, a schedule of requested dates and times for league games, practices and tournaments, and must specify which facilities are being requested. Items will be due in a timely manner, as determined by the Department, to ensure proper time for processing and scheduling facilities, maintenance and preparation. 2. The Department will limit, if necessary, the frequency and use of practice and regulation facilities by an organization. Examples of having to limit use are: overuse, misuse and/or abuse of facilities, maintenance problems, etc. Examples of abuse and/or misuse may include, but are not limited to: improper storage of equipment on field surfaces, leaving facilities/fields unlocked or improperly secured and subject to vandalism, leaving paint or other hazardous supplies unsecured or not disposing of properly, driving vehicles into non-designated areas such as sidewalks, concession areas, or fields without the proper permits, utilizing fields dining or immediately following inclement weather conditions and causing damage, improper transport of field marking materials resulting in paint and/or chalk stains on sidewalks, leaving lights on fields when not in use, etc. 3. Associations may determine the playability of the specific facilities. The Department has final jurisdiction and may override any decision rendered by the association. The Department may revoke this privilege from the association and/or individuals or teams if proper judgment is not used in determining a playing field's condition. Associations may waive their ability to determine field playability by notifying PARD in writing. 4. Maintenance of practice and regulation facilities will be performed only by the Department unless other arrangements are made through the Department office. All maintenance requests should be submitted using the Maintenance Request form (Exhibit F). Arrangements for volunteer work or game field preparation performed on facilities by representatives of an organization must be made through the Park Maintenance Manager's office. Unauthorized maintenance performed by any organization will be considered a violation of this agreement. Any resulting damage will be 5 repaired by the City and any costs associated with repairs must be reimbursed by the organization within 30 days of completion of repairs. Maintenance will be defined as any task not addressed in Exhibit B, section 4 "Obligations of the CSA." VII. CO-SPONSORED ASSOCIATION FACILITY USAGE Ten (10) days prior to each season's registration period each co-sponsored association will submit a request to the Department for field usage. The Department will review and have final approval of the proposed schedule prior to the start of any practices or games. 6 VIII. FACILITY USAGE USER FEES Co-sponsored organizations that utilize City-owned athletic facilities for league play not directly sponsored by the Department are subject to the following user fees: Resident: $5/participant/season (admin & game usage) OPTIONAL: $5/participant/season (practice usage) Non-Resident: $20/participant/season (For purposes of the user fee, a resident shall be defined as an individual who resides within the jurisdictional boundaries of the co-sponsored associations.) Payment is to be made two weeks after submission of the season report to PARD. PARD will specify a due date for each season's report. The user fee will cover all regularly scheduled games and administrative processing fees. The optional practice user fee will cover all regularly scheduled practices, as arranged through the Department. The practice schedule must be received by PARD 72 business hours prior to the start of the first scheduled practice. Leagues may begin season practices no earlier than five weeks prior to the official opening day of the season. Leagues will be allowed to schedule up to two 1.5 hour practices per week per team prior to the start of the season. These practices will be scheduled in the format that allows for one weekday practice and one weekend practice. Once league play begins, teams will be allowed to retain up to one 1.5 hour practice per team through the duration of the regular season. Any approved post season practices will be scheduled using the pre-season standard. Post season practice requests must be submitted prior to the end of the regular season. Only regular season and district play practices will be covered. Any additional tournament team practices will be subject to regular practice rental rates. Any co- sponsored organization that elects to not pay the optional practice user fee will be subject to the practice rental rates for co-sponsored associations as noted in section IX. IX. FACILITY USAGE RENTAL FEES Organizations and participants that utilize City owned athletic facilities for practice or tournament play not co-sponsored by the Department are subject to rental fees. NO practices will be allowed at the Five Star Complex. Practice Field Rentals: Co-Sponsored Organization $10/hr. w/o lights 7 $15/hr. w/lights Resident Non-Co-Sponsored $15/hr. w/o lights (75% of the roster must reside in The Colony) $25/hr. w/lights Non-Resident Non-Co-Sponsored $20/hr. w/o lights $30/hr. w/lights Tournament Field Rentals: Co-Sponsored Five Star w/lights $65/field/day $12/hr. Co-Sponsored Five Star w/o lights $50/field/day $10/h r. Co-Sponsored other field w/lights $45/field/day $9/hr. Co-Sponsored other field w/o lights $35/field/day $8/hr. Non Co-Sponsored Five Star w/lights $200/field/day $35/hr. Non Co-Sponsored Five Star w/o lights $185/field/day $30/hr. Non Co-Sponsored other field w/lights $175/field/day $25/hr. Non Co-Sponsored other field w/o lights $150/field/day $20/hr. X. FACILITY RESERVATIONS Facility rentals are intended to serve practice and one time tournament usage, not to allow non-co-sponsored leagues the ability to use City owned facilities for ongoing league play. However, a non-co-sponsored organization that provides a program not currently offered by a co-sponsored organization may be allowed to rent fields for ongoing league play. Tournament per game fee rental prices will apply. Reservations will only be accepted from individuals 18 years of age or older, and photo identification will be required. Rentals must be paid for at the time of the reservation. Reservations for any tournament rental usage must be made at least 30 days prior to the usage. Tournament rentals must be paid for at least 48 hours (2 days) in advance. A reservation deposit of 25% of the proposed rental total must be made at the time of the reservation. This amount will be deducted from the total amount due for the reservation. Also due at the time of reservation will be a $500 8 clean-up deposit. This deposit will be held through the duration of the rental, and will only be utilized in the event that the fields are left in poor condition, or in need of repair, as determined by the maintenance staff. If the reservation is cancelled for reasons other than inclement weather or maintenance issues no refund will be made. Organizations or individuals who reserve facilities for tournament play will be required to sign a rental agreement that further defines and clarifies their responsibilities as a facility user. The Department reserves the right to refuse rental to any individual or group that has violated policies or ordinances, has done damage to facilities or has not cleaned up after their event, or whose conduct or actions are not in the best interest of the City. XI. FACILITY USAGE POLICIES/ORDINANCES All users of City-owned athletic facilities are required to adhere to any and all policies and/or ordinances related to usage of athletic facilities: • No smoking or use of tobacco products allowed in athletic facilities, except in designated areas. • No pets allowed on athletic fields. • No golfing allowed on athletic fields. • Usage of athletic facilities is allowed by reservation only. • No alcohol or glass containers allowed at athletic facilities. • No bicycles, skates, skateboards or scooters allowed at athletic facilities, except on trails or designated areas. • Lights on athletic fields will be controlled by the Parks & Recreation Department. • No metal spikes on any pitching mounds. PARR reserves the right to prohibit all use of metal spikes if, at any time, it is deemed to be the cause of excessive damage to the facility. • Vehicles must be parked in designated areas only. Violators ofCity ordinances are subject to fines. 9 ~I Exhibit A THE COLONY PARKS & RECREATION DEPARTMENT CO-SPONSORED ASSOCIATION APPLICATION FOR LEAGUE PLAY Date of application: Name of person: Name of organization: Type of activity: Address: City: State: Zip: Home telephone: Work telephone: Email address: Dates of season: through Estimated number of participants: I have received, read and understand the Parks & Recreation Department Athletic Facility Usage / Rental Policies and agree to abide by them. Applicants signature: Additional Requirements: ■ Provide the Parks & Recreation Department at least ninety (90) days prior to the proposed start of an additional sport/season all dates and information ■ Provide liability and accident insurance prior to the start of practices and games ■ Enter into a contract with the City of The Colony ■ Have parents of participants sign a waiver statement during league registration ■ Elect a board, including: president, vice-president, secretary and treasurer ■ Provide the Department with contact information for all board members ■ Provide the Department with a copy of your league constitution, by-laws, league rules, policies/procedures, etc. before your season begins ■ Present an annual financial statement to and discuss pertinent issues with the Parks & Recreation Department upon request 10 Exhibit B THE COLONY PARKS & RECREATION DEPARTMENT FACILITY USAGE AGREEMENT This Agreement is made by and between (co sponsored association name here) hereafter referred to as the "CSA" (co-sponsored association), and the City of The Colony Parks & Recreation Department, hereafter referred to as the "Department". WHEREAS, the CSA is an independent volunteer board of directors organized to promote youth sports activities through the operation of its program; and WHEREAS, the Department is the owner of that certain public park amenity known as (facility name(s) here) , and hereafter referred to as the "Facility"; and WHEREAS, the CSA and the Department desire to enter this Agreement for the purpose of evidencing the Agreement of the parties with regard to use of the Facility by the CSA and respective obligations of the parties regarding the use and maintenance of the Facility; NOW, THEREFORE in consideration of the promises and the mutual covenants and obligations contained herein, the parties agree as follows L TERM This Agreement shall be for a term of one (1) year beginning on the date of full execution hereof, unless terminated by either party upon thirty (30) days advance written notice to the other party. II. USE OF FACILITIES The CSA shall have the right to use the Facility for its programs as set forth in this Agreement during the season only. Any other events must be scheduled separately through the Department (ex: camps or clinics). The CSA shall have the right to schedule league games at their designated field locations. However, these games must be scheduled in such a way to maximize the use of single fields, prior to the scheduling of additional fields.fields. The exception to this standard would be in cases where specific field dimensions are required and not available on the same space. All schedules and exceptions must be approved by PARD prior to release of schedules to the association membership. In cases where associations inter-league with associations located outside of The Colony, the person creating the schedule must be notified, by the 11 CSA, of these standards and will be required to submit any drafted schedules to the Department prior to release to the inter-league membership. Field usage will be assigned by the Department. If the total number of participants in a league does not decrease but the Department decides to reduce the number of fields for that league for any reason, the Department shall make all reasonable efforts to accommodate the CSA's program. The CSA understands that weather conditions or field conditions beyond the control of either party may result in the Department denying usage of certain fields on certain dates after approval has been granted herein. However, the Department shall make all reasonable efforts to accommodate the CSA by designating other fields and dates for use of the Facility for the CSA's program. The Department shall at all times have the right to inspect the Facility and the CSA's activities related to its use of the Facility to insure compliance with terms and provisions of this Agreement. III. OBLIGATIONS OF THE DEPARTMENT Both parties to this Agreement agree that during the term of this Agreement Department shall: 1.) Provide the following maintenance and repairs in a manner generally equal to normal Department maintenance and repair of similar Department recreational facilities and more specifically as follows: a.) Maintain and repair benches and bleachers. b.) Mow, fertilize and water all areas of the Facility. c.) Haul off trash that has been deposited in trash receptacles. d.) Maintain structural integrity of concession stands and restroonls, including repair or replacements of damaged roofs, doors, and windows. e.) Repair or replace lights, poles, wiring fuses, transformers and other equipment related to the lighting of each field. f.) Maintain, repair parking areas. 2.) Promote the CSA's program in the City's parks and recreation brochure. Fun Times. Take calls for information and refer interested parties to the CSA when necessary. 3.) Issue up to two temporary unloading permits for the Five Star Complex. These permits are to be used solely for the purpose of stocking the concession stand with equipment and supplies. It is understood and agreed the Department's obligations under this Agreement will be performed as soon as, and to the extent, that budgeted funds are available for performance of its obligations. It is further understood and agreed that if the Department is unable to meet its obligations to repair or maintain the Facility that 12 the CSA may at its sole cost and expense perform such repair or maintenance upon written approval by the Department. All new construction or repair projects must follow standard The Colony Building Code Standards and Procedures. The CSA's designated contact person shall submit construction plans and drawings to the Department prior to commencement of any work. 13 IV. OBLIGATIONS OF THE CSA Both parties to this Agreement agree that during the term of this Agreement the CSA shall: 1.) At no cost or expense to the Department, provide the following maintenance, repair or services a.) Provide field layout diagram by the timeline specified on the document checklist. b.) Stripe each field with a substance approved by Department. c.) Set up any and all necessary equipment for league play (player benches, bases, portable mounds, etc.), and properly store all such equipment at the conclusion of each league activity. d.) Ensure that all fields/facilities are properly secured at the conclusion of each league activity. Reimburse cost of supplies lost as a result of leaving facilities unsecured. e.) Ensure that any and all league displays/promotional items are free from stains, tears, or any signs of obvious wear that would detract from the overall appearance of the facility. PARD reserves the right to remove any league promotional material deemed to be in poor condition. f.) Pick up all paper and debris; and place in hash receptacles. Empty full trash receptacles and place bags in designated dumpster. g.) Repair and replace minor items inside concession stands such as light bulbs, etc. h.) Clean concession areas and restrooms and place trash outside concession stand for pick-up by Department. i.) Maintain, repair and replace concession stand equipment. j.) Stock restroom facilities with paper goods. k.) Provide for any special needs or services such as port-a-cans, security or traffic control devices or police officers needed as a result of the CSA's use of the Facility. 2.) Provide the Department with pertinent information regarding registration dates, times, locations, fees, requirements and maintenance issues, etc., by the timeline specified on the document checklist. 3.) Comply with all applicable ordinances, rules and regulations. 4.) Provide a current list of officers, Board of Directors and contact persons with addresses, telephone numbers, and email addresses to the Department and provide notice and agendas at least 72 hours in advance of all Board Meetings and elections. Provide meeting minutes upon approval. Also, the CSA shall promptly notify the Department of any changes to the 14 list of officers, Board of Directors and contact person, which may occur during the term of this Agreement. The CSA shall make the Recreation Manager or his designee an ex-officio member of the Board who may attend regular meetings to represent the Department in all aspects as they relate to the use of the Facility. 5.) Provide a league schedule for all divisions by the timeline on the document checklist. Ensure that any outside associations involved in inter-league play have been properly notified of PARD requirement for schedule approval, prior to release of schedule to general membership. The schedule may be adjusted as the season progresses and will serve as a guide for maintenance of the Facility. Any schedule changes, i.e. rainouts, etc., should be provided to Department, with at least 2 business days advance notice in writing. 6.) Send a representative to athletic association meetings held by the City to discuss issues relating to sports in the City of The Colony. I 7.) During the term hereof the CSA shall operate its own concession stands, and all revenues generated from such use shall be for the sole and exclusive use of the CSA. GSA's may choose to enter into agreements with third party vendors, however, the CSA will still be responsible for ensuring that all guidelines are being followed. The CSA agrees to abide by any and all health code requirements for food services. Storage of flammable, hazardous, or toxic substances at the Facility is prohibited. The CSA is responsible for any of their items stolen or damaged during the course of the year. Any third party agreements must be submitted in writing to PARD to be filed. 8.) The CSA will receive two temporary unloading permits for the purpose of stocking the concession stand with equipment and supplies. Vehicles cannot be left parked at the concession building after unloading, and should be immediately moved to the parking lot. There is to be no unloading during league play. 9.) The CSA shall not discriminate against any person or persons because of race, color, religion, sex, disability or national origin. 10.) The CSA shall not perform any construction, maintenance, repair or alteration to the Facility (unless permitted or required by this Agreement), without the prior written consent of the Department, and without direct supervision of a Department staff member. Any and all capital improvements made to the Facility shall become the property of the Department. 15 11.) Charge reasonable fees for programs offered at the Facility that are reflective of a Department co-sponsored activity. 12.) After the completion of league play, the CSA must submit an audit of its finances, including the number of participants, to Department by the timeline specified on the document list for review by the Department. If a review is requested or needed during the operation of the league, party/parties requesting the audit must pay for the audit. 13.) The CSA shall, at their expense, perform background checks on, and have all of its head coaches certified for coaching youth by a national or state accredited coaching certification program that is recognized/approved by the Department. The CSA shall also provide Department a complete listing of all individuals sewing as head and assistant coaches, as well as documentation of certification for all required coaches by the timeline specified on the document checklist. 14.) CSR's shall enter into written shared use agreements with other associations who share use of fields, concessions, etc. A copy of these agreements will be provided to the Department. 15.) CSA's shall not "sub-contract" field space to other teams or organizations not covered under the insurance and governing rules of their programs. Any such organizations will be required to contact the Department directly to secure available space. Any association deemed to be in violation of this clause will be subject to revocation of their "co-sponsored" status. V. ASSIGNABILITY AND EXCLUSIVITY This Agreement is a privilege for the benefit of the CSA only and may not be assigned in whole or in part by the CSA to any other person or entity. Both parties understand that the CSA's use of the Facility is nonexclusive. VI. INSURANCE AND INDEMNIFICATION The CSA shall at all times during the term of this Agreement maintain in effect general public liability insurance of not less than $1,000,000 and accident and medical expense coverage of not less than $25,000. The City of The Colony shall be named as co-insured on such policy and shall be entitled to thirty (30) days notice of cancellation or changes of any kind regarding such insurance, and certificates of insurance shall be provided by the CSA to the Department on an annual basis by the timeline specified on the document checklist. The CSA shall indemnify and save harmless the Department and its officers, agents and employees from and against any and all suits, actions, or claims of any character, type, or description, including all expenses of litigation, court costs and 16 attorney's fees, brought or made for or on account of any injuries or damages received or sustained by any person or persons or property, arising out of, or occasioned by, the act or failure to act of the CSA or its agents, volunteers, or employees in the use of the Facility arising out of obligations of the CSA as set forth in this Agreement. VII. NOTICES Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed as set forth, but each party may change its address by written notice in accordance with this section. CSA: Department: Jackie Kopsa, Athletics Coordinator CITY OF THE COLONY PARKS & RECREATION DEPARTMENT 5151 N. Colony Blvd. The Colony, TX 75056 Any such notice shall be effective upon receipt if delivered in person or upon actual deposit in an official receptacle of the United States Postal Service, if mailed as aforesaid. VIII. MISCELLANEOUS PROVISIONS 1.) No modification of this Agreement shall be effective unless it is made in writing and is signed by the authorized representatives of the parties hereto. I 17 2.) This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the CSA and the Department created hereunder are performable in Denton County, Texas. 3.) Nothing in this Agreement shall be construed to make the Department or its respective agents or representatives liable in situations it is otherwise immune from liability. 4.) In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or lack of enforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 5.) Each parry represents to the other that the individual signing this Agreement below has been duly authorized to do so by its respective governing body, and that this Agreement is binding and enforceable as to each party. 6.) This agreement may be cancelled by either party by giving the other 30- days written notice. I IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth below - ATTEST: CSA - Secretary President Date: Date: ATTEST: City of The Colony Parks & Recreation Department - Recreation Manager Community Services Director Date: Date: 18 Exhibit C THE COLONY PARKS & RECREATION DEPARTMENT CO-SPONSORED ASSOCIATION DOCUMENT CHECKLIST The following is a checklist and timeline to follow to ensure that the proper documentation is turned into the Parks & Recreation Department in a timely manner. Please see to it that this guide is followed closely so that the communication between your association and the Department runs smoothly. Due Once a Year: Must be Received by January 31st I . Association Board Member List (Include home/work phone numbers & addresses) 2. Facility Usage Agreement (FORM PROVIDED) 3. Seasons Calendar form (FORM PROVIDED) 4. Insurance Certificate (City must be listed as additional insured) 5. Financial Statement, from previous year (Please be very detailed) 6. Association Board Meeting Schedule Due 30 Days Prior to Registratiou: I . Registration Information (Include location, cost, ages, phone number, etc.) 2. Coaches Certification Clinic Schedule (Contact PARD if using NYSCA to request dates) 3. Maintenance Request form (FORM PROVIDED) Due 30 Days Prior to Field Usage: I. Field Layout Diagram Due 1 Week Prior to First Coaches Clinic: I. Coaches List Due I Week Prior to Season Opening Day: I. League Schedules for all Divisions 2. Participation Report form (FORM PROVIDED) (Please indicate resident/non-resident totals) Due 1 Week After Season Opening Day: I . Documentation of Coaching Certification for Required Coaches 2. User Fee Payment Due 19 Exhibit D THE COLONY PARKS & RECREATION DEPARTMENT USER PARTICIPATION REPORT Season/Event and Year: Total # of Participants: Total # of Resident Participants: Total # of Non-Resident Participants: Total # of Male Participants: Total # of Female Participants: League Breakdown: Division Ayes # of Teams # of Participants 20 Exhibit E THE COLONY PARKS & RECREATION DEPARTMENT CO-SPONSORED ASSOCIATION SEASONS CALENDAR Spring Season Registration Begins: Registration Ends: Name of Facility requested: Times and days of week to be used: Practices Begin: Games Begin: Games End: Post Season Play Begins: Post Season Play Ends: PLEASE ALSO SUBMIT A DETAILED WEEKLY SCHEDULE OF TEAM PRACTICES. Fall Season Registration Begins: Registration Ends: Name of Facility requested: Times and days of week to be used: Practices Begin: Games Begin: Games End: Post Season Play Begins: Post Season Play Ends: PLEASE ALSO SUBMIT A DETAILED WEEKLY SCHEDULE OF TEAM PRACTICES. 21 Exhibit F THE COLONY PARKS & RECREATION DEPARTMENT CO-SPONSORED ASSOCIATION FACILITY MODIFICATION/IMPROVEMENT REQUEST All maintenance requests for projects or work other than routine maintenance (mowing, watering, dragging fields, trash pick up) must be requested in writing on this form a minimum of 30 days prior to needed completion date. Requests must be submitted to Jackie Kopsa at the Parks and Recreation Department office at 5151 N. Colony Blvd. Today's Date: Facility Needing Maintenance: Person Making Request: Day Phone: Evening Phone: Please detail the needed maintenance: Date maintenance needs to be completed: Signature: Date: 22 Exhibit G THE COLONY PARKS & RECREATION DEPARTMENT CO-SPONSORED ASSOCIATION CODE OF CONDUCT 1. 1 will promote good sportsmanship by demonstrating support for all players, coaches, and league and game officials at all games and practices. 2. 1 will refrain from making negative statements or using profanity at any league activity. 3. 1 will provide an environment that is free of drugs, tobacco, or alcohol, and I will refrain from their use at organization activities and facilities. 4. 1 will place the physical and emotional well-being of all players above any personal desire to win, and remember that the game is not for adults. 5. 1 will require that all children treat other players, coaches, officials, and spectators with respect, regardless of race, creed, color, sex, or ability. 6. 1 will not personally address game officials unless done so in a professional, calm manner and done through official procedures. 7. 1 will address any concerns privately with appropriate league personnel (coaches, board members, parents, etc.) and not in any public forum involving children. 8. 1 will strive to provide a safe and healthy environment for all league participants. 23