Loading...
HomeMy WebLinkAboutRESOLUTION NO. 2020-06 RESOLUTION NO. 2020-06 RESOLUTION ENTERING INTO A PARTNERSHIP AGREEMENT WITH THE FAIRFAX YOUTH SPORTS ASSOCIATION WHEREAS,The Fairfax Youth Sports Association organizes sports and other community activities in the City of Fairfax; and WHEREAS, the City of Fairfax wishes to provide facilities to hold these sport activities and other community activities; 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 and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 14th day of January, 2020. AYES: Otto, Daly, Pacha, and Wainwright NAYS: None ABSENT: Volk h Burnell G. Frieden, Mayor ATTEST: 4k �. 0V C�thia Stimson, City Clerk/Treasurer ' r Y { The following Partnership Agreement shall replace the current Lease Agreement between the Fairfax Youth Sports Association (FYSA)and the City of Fairfax (the City)entered into on the 19th day February, 2019 and expiring on April 14, 2020.The following Partnership Agreement shall stay in place until changed by the Fairfax City Council. 1. Priority A. FYSA shall have first priority of use of the Fairfax Regional Sports and Park Complex (Complex), Fetter Field and City Park Field for Fairfax Youth Sports 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 last priority. 2. Fees A. Use of the Complex, Fetter Field and City Park Field shall be free of charge for the FYSA and other approved community events such as but not limited to Fairfax Civic Coalition events. B. The City shall retain all non-refundable deposits and fees paid by partner tournaments and other activities. 3. Insurance A. FYSA Shall provide at its own expense insurance for any owned equipment and supplies stored in any City owned building covered by this Partnership Agreement. B. Name the City as an 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, operation or use of the area and activities 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 building, 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 FYSA will purchase and stock all food product for sale through the Fairfax concession stand including condiments, paper products and other supplies needed to run the concession stand. The FYSA will pay all vendors in a timely fashion. B. The FYSA will secure all license, permits and certificates required by law to operate a concession stand in the City of Fairfax, Linn county, Iowa. C. The FYSA will bank concession deposits for all approved Fairfax Youth Sports activities including T-ball, baseball and softball, and soccer, Fairfax USA Days and the Leon Evans Car Cruise In. The FYSA will also bank concession deposits for other activities upon mutual agreement between the FYSA and the City. D. The FYSA will provide volunteer help for the concession stand during these events. E. There is to be no alcohol sales of any kind by the FYSA. F. The City will bank all concession deposits for partner tournaments and for non FYSA activities at the Complex, Fetter Field and City Park Field not described in section 4-C. G. The FYSA will provide use of any and all of the large appliances and/or equipment that are currently in the concession stand to the City at no charge for all partner tournaments and activities or other events that City should need use of the concession stand. H. The FYSA will provide any routine maintenance to said equipment at no cost to the City. I. The City will provide staffing to operate the concession stand during partner tournaments and activities as referenced in Section 4-F, including paying all costs associated with staffing the concession stand. J. The City will pay the cost of food sold during partner tournaments and other activities to the FYSA.This figure includes condiments, paper products and other supplies needed to run a concession stand.This figure has been determined to be 36.00%of the City's total sales. K. The City will pay the FYSA this amount at a mutually agreed upon date or time frame. L. The FYSA shall pay all costs associated with and bank all proceeds from other fundraising events such as but not limited to the annual pancake breakfast and spaghetti dinner, or substitutes for those events, and the selling of merchandise for the sole purpose of fund raising. 5. Sporting equipment A. The FYSA shall supply all current sporting equipment as needed for any use at the at the Complex, Fetter Field or City Park Field at no charge to the City.This includes but not limited to bats, balls, catchers gear, soccer nets, equipment,bags, pitching machines, batting cage nets and any other equipment that would be reasonably associated with a youth sports program. B. The FYSA will provide any routine maintenance to said equipment at no cost to the City. C. FYSA shall provide the above equipment until said equipment is no longer functional or is in need of replacement for any reason. 5. Field supplies and equipment A. FYSA shall provide all current field supplies and equipment as needed to prep sports fields for any event at the Complex or Fetter Field at no charge to the City.This includes but not limited to chalk, paint, drying agents, bases, pitching mounds, motorized vehicle 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. FYSA shall provide the above supplies and equipment until current stock has been depleted or said supplies or equipment is no longer functional or is in need of replacement for any reason. City of F 'r ax, Iowa By: Burnell G. Frieden, Mayor Fairfax Yout Sports Aatio By: . The following Partnership Agreement shall replace the current Lease Agreement between the Fairfax Youth Sports Association (FYSA)and the City of Fairfax(the City)entered into on the 19th day February, 2019 and expiring on April 14, 2020.The following Partnership Agreement shall stay in place until changed by the Fairfax City Council. 1. Priority A. FYSA shall have first priority of use of the Fairfax Regional Sports and Park Complex (Complex), Fetter Field and City Park Field for Fairfax Youth Sports 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 last priority. 2. Fees A. Use of the Complex, Fetter Field and City Park Field shall be free of charge for the FYSA and other approved community events such as but not limited to Fairfax Civic Coalition events. B. The City shall retain all non-refundable deposits and fees paid by partner tournaments and other activities. 3. Insurance A. FYSA Shall provide at its own expense insurance for any owned equipment and supplies stored in any City owned building covered by this Partnership Agreement. B. Name the City as an 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, operation or use of the area and activities 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 building, 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 FYSA will purchase and stock all food product for sale through the Fairfax concession stand including condiments, paper products and other supplies needed to run the concession stand.The FYSA will pay all vendors in a timely fashion. B. The FYSA will secure all license, permits and certificates required by law to operate a concession stand in the City of Fairfax, Linn county, Iowa. C. The FYSA will bank concession deposits for all approved Fairfax Youth Sports activities including T-ball, baseball and softball, and soccer, Fairfax USA Days and the Leon Evans Car Cruise In.The FYSA will also bank concession deposits for other activities upon mutual agreement between the FYSA and the City. D. The FYSA will provide volunteer help for the concession stand during these events. E. There is to be no alcohol sales of any kind by the FYSA. F. The City will bank all concession deposits for partner tournaments and for non FYSA activities at the Complex, Fetter Field and City Park Field not described in section 4-C. G. The FYSA will provide use of any and all of the large appliances and/or equipment that are currently in the concession stand to the City at no charge for all partner tournaments and activities or other events that City should need use of the concession stand. H. The FYSA will provide any routine maintenance to said equipment at no cost to the City. I. The City will provide staffing to operate the concession stand during partner tournaments and activities as referenced in Section 4-F, including paying all costs associated with staffing the concession stand. J. The City will pay the cost of food sold during partner tournaments and other activities to the FYSA. This figure includes condiments, paper products and other supplies needed to run a concession stand.This figure has been determined to be 36.00%of the City's total sales. K. The City will pay the FYSA this amount at a mutually agreed upon date or time frame. L. The FYSA shall pay all costs associated with and bank all proceeds from other fundraising events such as but not limited to the annual pancake breakfast and spaghetti dinner, or substitutes for those events, and the selling of merchandise for the sole purpose of fund raising. 5. Sporting equipment A. The FYSA shall supply all current sporting equipment as needed for any use at the at the Complex, Fetter Field or City Park Field at no charge to the City.This includes but not limited to bats, balls, catchers gear, soccer nets, equipment,bags, pitching machines, batting cage nets and any other equipment that would be reasonably associated with a youth sports program. B. The FYSA will provide any routine maintenance to said equipment at no cost to the City. C. FYSA shall provide the above equipment until said equipment is no longer functional or is in need of replacement for any reason. 5. Field supplies and equipment A. FYSA shall provide all current field supplies and equipment as needed to prep sports fields for any event at the Complex or Fetter Field at no charge to the City. This includes but not limited to chalk, paint, drying agents, bases, pitching mounds, motorized vehicle 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. FYSA shall provide the above supplies and equipment until current stock has been depleted or said supplies or equipment is no longer functional or is in need of replacement for any reason. City of F 'r ax, Iowa By:. �' Burnell G. Frieden, Mayor Fairfax Yout Sports Assoyiatio By: /�