The URL can be used to link to this page

Home My WebLink AboutRESOLUTION NO. 2023-02RESOLUTION NO. 2023-02 RESOLUTION ENTERING INTO A PARTNERSHIP AGREEMENT WITH THE FAIRFAX YOUTH SPORTS ASSOCIATION WHEREAS, The Fairfax Youth Sports Association wishes to provide their concession stand equipment and youth recreation sporting equipment to the City of Fairfax at no cost; and WHEREAS, the City of Fairfax wishes to provide park facilities to volunteers and other civic organizations for fundraising and other community events at no cost; and WHEREAS, the City of Fairfax and the Fairfax Youth Sports Association have drafted a Partnership Agreement that details the responsibilities and rights of each group concerning these park facilities and other equipment owned by the Fairfax Youth Sports Association. NOW, THEREFORE, BE IT RESOLVED that the Fairfax City Council does hereby approve and enter into the attached Partnership Agreement with Fairfax Youth Sports Association. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor Pro Tempore and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this l Oth day of January 2023. AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None <,...�.,. � ,• Marianne Wai right, Mayor Pro Tempore ATTEST: , , li �; r �' �; - ��,�,� y thia Stimson, City Clerk/Treasurer .; ,. � The following Partnership Agreement between the City of Fairfax (City) and the Fairfax Youth Sports Association (FYSA) is a yearly agreement and shall be reviewed annually by both parties. 1. Priority A. First priority of use of the Fairfax Regional Sports and Park Complex (Complex), Fetter Field, and City Park Field or any other park facility will be given to the Fairfax Parks & Rec programs and other approved events. B. Community events such as Fairfax Civic Coalition events shall have second priority. C. Partner tournaments and other activities shall have the last priority. D. All events will be scheduled by the Fairfax Parks & Rec director. 2. Fees A. Use of the Complex, Fetter Field, and City Park Field or any other park facility shall be free of charge for the Fairfax-Parks & Rec programs and other approved community events such as but not limited to Fairfax Civic Coalition events, USA Days, or the Leon Evans Car Cruise In. B. The City shall retain all non-refundable deposits and use fees paid by partner tournaments and other identified activities. C. All fees will be collected by the Fairfax Parks & Rec director and turned into the City Clerk's office in a timely manner. 3. Insurance A. The FYSA shall provide at its own expense insurance for equipment and/or supplies owned by the FYSA and stored in any City-owned building covered by this Partnership Agreement. B. Name the City as also insured on their liability insurance. C. Provide liability insurance in amounts not less than $2,000,000 aggregate and $1,000,000 per occurrence; products and completed operations insurance not less than $1,000,000; and medical expense insurance not less than $5,000. D. Agrees to assume full and absolute responsibility for, and to defend, hold harmless and indemnify the City and its officers, volunteers, agents, and employees for any and all claims, damages, and losses to persons or property in any way resulting from the FYSA's care or operation of the concession or sports equipment covered by this Partnership Agreement. E. Provide a certificate of insurance showing these provisions. F. The City shall provide at its own expense insurance for the buildings, lighting, and fencing. G. Provide at its own expense insurance for any City-owned equipment stored in any City-owned building covered by this Partnership Agreement. H. Provide liability insurance for any property covered by this Partnership Agreement. 4. Concession Stand and other revenue-generating events A. The Fairfax Parks & Rec Director shall establish or direct City staff to establish credit accounts with current food vendors in the name of the City B. The Fairfax Parks & Rec Director, or assigned employee or volunteer, will purchase and stock all food products for sale through the Fairfax concession stand including condiments, paper products, and all other supplies needed to operate a concession stand. If a volunteer performs these duties, they will be entitled to reimbursement of personal expenses in performing these duties. The Fairfax Parks & Rec Director shall approve all invoices to pay all vendors in a timely fashion. Concession Stand and other revenue-generating events (continued) C. The Fairfax Parks & Rec Director will be responsible to secure all licenses, permits, and certificates required by law to operate a concession stand in the City of Fairfax, Linn County, lowa, including the Food Protection Manager Certification. D. The FYSA will provide use of any and all of the large appliances and/ or equipment that are currently in their possession or in the concession stand to the City of Fairfax at no charge. This shall be for any approved Fairfax Parks & Rec activities including T-ball, baseball and softball, soccer, Fairfax USA Days, the Leon Evans Car Cruise-In, partner tournaments, and activities, or other events that the City would reasonably need the use of the concession stand. E. The City will bank all concession deposits for any event in which they supply paid staff to work the concession stand. This includes partner tournaments and events, Fairfax Parks & Rec activities at the Complex, Fetter Field, City Park Field, and other park facilities, not described in section 4-D. The Fairfax Parks & Rec Director will turn over concession receipts to the City Clerk's office in a timely manner. The City will provide staffing to operate the concession stand for any activity as referenced in Sections 4-D and 4-E, including paying all costs associated with staffing the concession stand. G. The FYSA will provide any routine maintenance to said equipment at no cost to the City. 5. Volunteer and civic organizations working the concessions stand A. The Fairfax Parks & Rec Director, or City, may approve volunteer or civic organizations to work the concession stand for mutually agreed upon events. Said volunteer or civic organizations will provide their own staff for the concession stand (with the exception of 4- B) during these events and pay the cost of food percentage sold during said activities in accordance with section 5-D. B. The Fairfax Parks & Rec Department will provide two (2) paid concession workers or volunteers to oversee concession operations during use by an approved volunteer or civic organization if required. This requirement will be determined by the Parks & Rec Director. C. There will be no alcohol sales of any kind by the City or any volunteer or civic organization at any of the Fairfax Sports facilities, other park facilities, or other city property at any time. D. Approved volunteer or civic organizations will pay the cost of food sold at the concession stand during partner tournaments and other activities to the City of Fairfax. This figure includes licenses and permits, condiments, paper products, and all other supplies needed to run a concession stand. This figure has been determined to be 45.00% of the total sales for 2023. If a volunteer or civic organization runs the concession stand during any approved event, the Parks & Rec Director or assigned agent will collect the concession receipts at the end of each day and confirm the amount. Once confirmed a request for 55.00% of the total days' receipts will be included on the claims list at the next monthly City Council meeting for approval of payment to the volunteer or civic organization involved. The FYSA, as a volunteer organization shall pay all costs associated with, and bank and all proceeds from other fundraising events such as but not limited to the annual pancake breakfast or spaghetti dinner, substitutes for those events, and the selling of inerchandise for the sole purpose of fundraising. 6. Sporting equipment A. The FYSA shall supply all current sporting equipment in its possession as needed for any Fairfax Parks & Rec activity at the Complex, Fetter Field, or City Park Field at no charge to the City. This includes but is not limited to bats, balls, catcher gear, soccer nets, equipment bags, pitching machines, batting cage nets, and any other equipment that would be reasonably associated with a youth rec sports program. B. The FYSA will provide any routine maintenance to said equipment in their possession at no cost to the city. C. The FYSA shall provide the above equipment until said equipment is no longer functional or is in need of a replacement for any reason at which time the City will replace it. 7. Field supplies and equipment A. The FYSA shall provide field supplies and equipment in its possession as needed to prep sports fields for any event at the Complex, Fetter Field, or City Park Field at no charge to the City. This includes but is not limited to chalk, paint, drying agents, bases, pitching mounds, motorized vehicles, and any other equipment that would be reasonably associated with prepping and maintaining sports fields. B. The FYSA will provide any routine maintenance to said equipment at no cost to the City. C. The FYSA shall provide the above supplies and equipment until the current stock has been depleted or said supplies or equipment are no longer functional or is in need of a replacement for any reason at which time the City will replace them. � City of Fairfa , a By: F G`"�' ,, � � Marianne Wainwrig , Mayor Pro Tempore Date: � �"-�, -�U,� '� � Fair x uth S s Associatio gy; _ � � �. Date: S eT�-� � �