HomeMy WebLinkAboutRESOLUTION NO. 2019-71 RESOLUTION NO. 2019-71
A RESOLUTION TO APPROVE CITY OF FAIRFAX PARKS FORMS
WHEREAS, The City of Fairfax, Iowa has parks with facilities others may want to use,
either for free or with a cost;the Mayor and Parks and Recreation Director may,at their discretion,
reduce or waive the cost to use these facilities for civic or non-profit organizations; and
WHEREAS,the City of Fairfax has established some use guidelines and rental agreements
for Fetter Field and the Fairfax Regional Sports and Park Complex and had these reviewed by the
City Attorney.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Fairfax, Iowa, that they adopt the attached use guidelines and rental agreements for Fetter Field
and the Fairfax Regional Sports and Park Complex.
Passed and approved this 10th day of December, 2019.
AYES: Otto, Daly, Volk, and Wainwright
NAYS: None
One seat is vacant.
Burnell G. Frieden, Mayor
ATTEST:
Cyn is timson, City Clerk/Treasurer
i
a
FAIRFAX REGIONAL SPORTS AND PARK COMPLEX - AGREEMENT FOR USE
City ofFaiifax Parks and Recreation Department
300 80`f Street Court/PO Boz 337, Fairfax,IA, 52228- (319)846-2204—jlcell a)cityoffaiifax.ora
APPLICANT INFORMATION
Name of Individual or Sanctioning Organization Website_
Name of Tournament or Event Name of Contact Person
Mailing Address CityZip Code
Home# Work# Cell#
Primary E-Mail Secondary E-Mail
Is event open to public or invitational only? Will anything be sold at your event? Yes No
FIELD LIGHT USAGE ? Yes No SCOREBOARD USE Yes No
ANTICIPATED # OF TEAMS: ANTICIPATED # OF GAMES:
DATES: DATES:
1st choice: Sat.( / ) Sun.( / )Other( / ) 2nd choice: Sat. / ) Sun.( / )Other
mo. day mo. day mo. day mo. day mo. day mo. day
# OF FIELDS REQUESTED: (2 fields) TIMES: (Sat. 9am-9pm and/or Sun. 8am-4pm)
Saturday Saturday Gates Open Field Start Time Field End Time_
Sunday Sunday Gates Open Field Start"Dime Field End Time
Other Other Gates Open Field Start Time Field End Time
FIELD SET UP &/or
SPECIAL NEEDS:
FEES: Damage/Cleaning Deposit (must accompany"Agreement for Use') $500.00 per weekend
Diamond Rental Fee $650.00 per week-end
Total
—DEPOSITS MUST BE PAID BY EITHER CREDIT CARD(A CARD PROCESSING FEF.MAYBE CHARGED)OR CASHIERS CHECK MADE PAYABLE TO THE
"CITY OF FAIRFAX"
— FEES MUST BE PAID BY CHECK(MADE PAYABLE TO THE CITY OF FAIRFAX), CREDIT CARD(A CARD PROCESSING FEE MAY BE CHARGED),
CASHIERS CHECK OR CASHAND MUST BE RECEIVED 4 WEEKS INAD VANCE OF DA TE OF USE UNLESS POST EVENT BILLING ARRANGEMENTS HA VE
BEEN MADE. NO REFUND OF FEES AFTER THIS DA'L'E UNLESS THE DEPARTMENT CANCELS DUE TO WEATHER OR OTHER UNFORSEEN
CIRCUMSTANCES.
I authot ize.by my signature beloo.the City of Fairfax to charge the following credit card account in the amount of if facility is not returned to its original condition.or there is damage to facility.equipment orgrounds.
or theft attributed to my use.or if]do not timely cancel my reservation for use of the facility. (ncposk,vmm�np
Credit MasterCard_
Card Credit Card Number 3 digit security t3 Visa
InfoDiscover
- ---------
Printed Name signature IAp.Date Am Exp
Billing Address Personal or Corporate card?
The undersigned,being of legal age and in consideration of the opportunity to use above facilities of the Fairfax Parks and Recreation Department,
and to participate in the activities identified above,hereby agrees to assume full responsibility for any risk resulting from participation in any activity
identified above and further agrees to indemnify and hold harmless the City of Fairfax, its officials and officers, employees, agents and
representatives,from any and all claims,causes of action,demands,and expenses of every kind,resulting from or relating to third party or his/her
property,arising out of use of the facilities or relating to the activity which is the subject matter of this executed form. Further,the undersigned has
read and understands the Park Regulations,as codified in,the Fairfax Parks&Recreation Facility Use Policy and the Fairfax Regional Sports and
Park Complex "Agreement for Use'Guidelines,and agrees to abide by them,to ensure that its participants and guests abide by said regulations,
assume responsibility for any theft or damage of equipment,facilities,and grounds as a result of such use,and to fully reimburse the City for the
expense of any theft or damage,including excessive cleanup.
Signature Date
FOR OFFICE USE ONLY
Date of Receipt / Deposit S Check 0 Deposit retumed
ranplovee Initials Rental Fees S Check #
R„..,,i iz,19
FAIRFAX PARKS AND RECREATION FACILITY USE POLICY
I. Introduction
The Fairfax Parks and Recreation Department(the"Department')welcomes and encourages community use of the Fairfax Regional Sports and
Park Complex(the"Complex"). We believe that this public facility should be made available for limited recreation activities,sports competition,by
community groups,organizations,and individuals as a private rental.This document outlines policies and guidelines for use of the"Complex."
II.Eligibility
All users of the Complex must comply with all federal,state,and local equal opportunity laws and regulations prohibiting discrimination including
the American Disabilities Act.
ill.Priority
1. The Department has first priority for use of its facilities for Department sponsored,approved,and co-sponsored programs/events.
2. Retuning events in good standing will receive 2""priority for use.
3. 1"come, I"serve for remaining open dates.
4. Department's main objective is to maximize usage of the Complex. Events attracting more pail icipants will be given higher priority.
IV.Administrative Authority
The Department staff shall develop and execute appropriate guidelines for use of the Complex.
V. General User Responsibility for All Park and Recreation Facility Rentals
D. The City will require a certificate of insurance against liability associated with such usage.See attached Hold Harmless&Insurance
under Section VI below.
In renting,leasing,or making available for use,the City assumes no responsibility for:
1. Loss or damage to any property placed on the premises by the user.
2. Loss or damage to any property or personal effects,including motor vehicles and their contents,of the user,its members,
employees,agents,participants,guests,or attendees.
3.Royalties,licenses,or costs associated with any production or event.
E. The Department reserves the right to cancel or postpone any activity due to conflicts,disregard of rules and regulations,inclement weather,
unsafe playing conditions or other unforeseen circumstances.
F. The Department does not endorse or condone any activities or products represented by the users.
G. All flyers,announcements,advertisers and/or ads to be posted in Park Facilities or used and/or promoted with your event requires prior
approval of the Recreation Program/Facility Supervisor or his/her designee and event shall note on any promotional material that"The
City of Fairfax does not endorse or condone any activities or products represented by this use".
H. The user shall be responsible for reparation of any theft or damages to equipment,facilities,and grounds as a result of such use.
L The individual whose signature appears on the Park Facilities"Agreement for Use"or"Permit"is responsible for the supervision and
behavior of the participants and guests. Children under 18 years of age must have adult supervision.
J. The area(s)described on the Agreement for Use/Permit,and granted for use,are the only Park Facilities available to the user.
K. No sublet or assignment shall be initiated by the user unless written consent is given by the Department.
L. The City reserves the right through its representatives to control all activities and to eject any person(s)from the Park Facility who causes
disfavor to the rules and regulations of said facility or poses a threat to the safety of self or others. In such case,there will be no refund of
user fees or deposits.
M. Prior to use,the user shall notify the Department staff of any damages,deficiency,or similar fact observed by him/her either in the building
or on the grounds,in order that such condition might not be attributable to the user in course of occupancy.
N. If extra lighting and/or sound equipment are required,the Department must approve in advance and the user shall be responsible for all
costs and arrangements. Rental time includes set-up and clean-up time. No person shall use or cause to be used any loudspeaker,
loudspeaker system,sound amplifier or any other machine or device which produces,reproduces,or amplifies sound outside of buildings or
other enclosed structures for the proposes of amplifying a live performance without first obtaining a permit to do so.Use of In-house PA
system is allowed with permission.
O. A Damage Deposit,payable at reservation,will be refunded in full to the user upon returning of the facility to its original condition. The
City retains the right to keep the Damage Deposit in the event that there is excessive cleaning required following the use,damage to the
facility,equipment or grounds or theft attributable to the use. A cancellation made at least 60 days in advance of the use will receive a
refund of rental fees collected. Deposit will not be refunded after cancellation,at any time.
P. FEES must be paid by either check(payable to City of Fairfax),credit card(a card processing fee may charged),cashier's check or cash
and must be paid 4 weeks in advance of date of use unless post event billing has been pre-arranged. NO REFUND OF FEES AFTER THIS
DATE UNLESS DEPARTMENT CANCELS DUE TO WEATHER OR OTHER UNFORSEE-N CIRCUMSTANCES.
Q. Any accidents on the premises occurring during the use shall be reported immediately to the Department staff..
R. Obstruction(s)shall not block aisles,emergency exits,passageways,or be placed as to affect the ingress and/or egress from the facility.
Personal vehicles are not allowed inside Complex.
S. Food and beverages are not allowed brought into the Complex.Concession agreements are in place to provide this service exclusively.
T. Users and their participants and guests must abide by the Iowa Smoke free Air Act.Smoking is prohibited inside the entire Complex.This
includes all areas and buildings inside the fences of the Complex.
U. Coolers are not allowed inside the Complex without prior approval of Recreation Program/Facility Supervisor.It is user's responsibility to
inform and enface this with all participants and guests.
V. No pets are allowed.
R-,.]12 2 19
VI.Hold Harmless and Indemnification.
The user shall,and hereby agrees to,protect,defend,indemnify and hold harmless the City of Fairfax,its officers and employees from
any and all claims,demands,suits,settlements,judgments,and damages of every kind and nature made,to include all costs associated
with the investigation and defense of any claim(including all attorney fees),rendered or incurred by or on behalf of the City,its
officers and employees,by reason of any injury or loss,including but not limited to,personal injury,including bodily injury or death,
property damage,including loss of use and economic damages arising out of or in any way connected or associated with this
Agreement or the use or occupancy of City property.
VII.Insurance Requirements_
A. User must provide Liability Insurance Certificate to the City TWO WEEKS prior to the first day of the first day of the tournament. Ifsuch
certificate of insurance is not presented to the City,the tournament will be cancelled and the deposit will not be returned.
B. User,at its own expense,shall procure and maintain during the time of use the following insurance so as to cover all risk which shall arise
directly or indirectly from the user's obligations and activities.
o General Liability Insurance with limits of at least$1,000,000 per occurrence for Bodily Injury and Property Damage.As
a minimum,coverage for Premises,Operations,Products and completed Operations shall be included.This coverage shall
protect the public or any person from injury or property damages sustained by reason of use of City property.
o Qualifying Insurance:Policies shall be issued by insurers authorized to do business in the State of Iowa and currently
having an A.M.Best Rating of"B"or better.All policies shall be occurrence form and not claims made form.The user
shall be responsible for deductibles and self-insured retentions in their insurance policies.
o Additional Insured:The City of Fairfax,its officers and employees shall be named as an additional insured on the liability
insurance policy(s).
o CERTIFICATE OF INSURANCE REQUIREMENTS
A certificate of insurance must be provided to the CITY prior to the city granting approval to use City property.
Certificates may be sent by e-mail,fax(319-846-3480),mail or delivery.
■ In the description area of the certificate of insurance the user must be identified and what facility and dates the
certificate covers.
• The following address must appear in the Certificate Holder section:
City of Fairfax
Parks and Recreation Department
300 80"'Street Court/PO Box 337
Fairfax,IA 52228
R�,-1 12 2 19
FETTER FIELD BASEBALL FACILITY - AGREEMENT FOR USE
City ofFairfax Parks and Recreation Dej)artment
300 80`r'Street Court/PO Box 337, Fairfax,IA, 52228- (319)846-2204–jkell cityoffairfctx.ord.
APPLICANT INFORMATION
Name of Individual or Sanctioning Organization Website
Name of Tournament or Event Name of Contact Person
Mailing Address City -Zip Code
Home# Work# Cell#
Primary E-Mail Secondary E-Mail
Is event open to public or invitational only? Will anything be sold at your event? Yes No
ANTICIPATED# OF TEAMS: ANTICIPATED #OF GAMES:
DATES: DATES:
Ist choice: Sat.( / ) Sun.( / )Other( / ) 2nd choice: Sat.( / ) Sun.( / )Other
mo. day one. day mo. day mo. day mo. day no. day
#OF FIELDS AVAILABLE (1): TIMES: (Sat. 9am-7pm and/or Sun. 8am-7pm)
Saturday Saturday Gates Open Field Start Time Field End Time
Sunday Sunday Gates Open Field Start Time Field End Time
Other Other Gates Open Field Start Time Field End Time
FIELD SET UP &/or
SPECIAL NEEDS: —_
FEES: Damage/Cleaning Deposit (must accompany"Agreement for Use') $500 per weekend
Diamond Rental Fee $325.00 per week-end
Total
—DEPOSITS MUSTBE PAID BYEITHER CREDIT CARD(A CARD PROCESSING FEE MAYBE CHARGED)OR CASHIERS CHECK MADE PA YABLE TO THE
"CITY OF FAIRFAX"
—FEES MUST BE PAID BY CHECK(MADE PAYABLE TO THE CITY OF FAIRFAX), CREDIT CARD (A CARD PROCESSING FEE MAY BE CHARGED),
CASHIERS CHECK OR CASHAND MUST BE RECEIVED 4 WEEKS INAD VANCE OF DA TE OF USE UNLESS POSTE VEN7BILL/NG ARRANGEMENTS HA VE
BEEN MADE. NO REFUND OF FEES AFTER THIS DATE UNLESS THE DEPARTMENT CANCELS DUE TO WEATHER OR OTHER UNFORSEEN
CIRCUMSTANCES.
I authot ize.by my signature below,the City of Fairfax to charge the following credit card account in the amount of S ___if facility is not returned to its original condition.or there is damage to facility.equipment or grounds.
or theft atu ibuted to my use.or if I do not timely cancel my reservation for use of the facility. IMI-4 Amoono
Credit _ MasterCard _
Card Credit Card Number 3 digit security# Visa
Info Discover
Printed Name Signature Exp.Datc Am Exp
13illing Address Personal or Corporate card?
The undersigned,being of legal age and in consideration of the opportunity to use above facilities of the Fairfax Parks and Recreation Department,
and to participate in the activities identified above,hereby agrees to assume full responsibility for any risk resulting from participation in any activity
identified above and further agrees to indemnify and hold harmless the City of Fairfax, its officials and officers, employees, agents and
representatives,from any and all claims,causes of action,demands,and expenses of every kind,resulting from or relating to third party or his/her
property,arising out of use of the facilities or relating to the activity which is the subject matter of this executed form. Further,the undersigned has
read and understands the Park Regulations,as codified in,the Fairfax Parks&Recreation Facility Use Policy and the Fetter Field Baseball Facility
"Agreement for Use" Guidelines, and agrees to abide by them, to ensure that its participants and guests abide by said regulations, assume
responsibility for any theft or damage of equipment,facilities,and grounds as a result of such use,and to fully reimburse the City for the expense of
any theft or damage,including excessive cleanup.
I
Signature Date
FOR OFFICE USE OA/LY
Date of Receipt _. / Deposit S Check # Deposit returned
Employee Initials Rental Fees S _ Check #
R,,js 112/2/19
FAIRFAX PARKS AND RECREATION FACILITY USE POLICY
1. Introduction
The Fairfax Parks and Recreation Department(the"Department')welcomes and encourages community use of Fetter Field Baseball facility(the
"facility"). We believe that this public facility should be made available for limited recreation activities,sports competition,by community groups,
organizations,and individuals as a private rental.This document outlines policies and guidelines for use of the"facility."
I1.Eligibility
All users of the facility must comply with all federal,state,and local equal opportunity laws and regulations prohibiting discrimination including the
American Disabilities Act.
111.Priority
1. The Department has first priority for use of its facilities for Department sponsored,approved,and co-sponsored programs/events.
2. Returning events in good standing will receive 2"'priority for use.
3. 1"come,1"serve for remaining open dates.
4. Department's main objective is to maximize usage of the facility. Events attracting more participants will be given higher priority.
IV.Administrative Authority
The Department staff shall develop and execute appropriate guidelines for use of the facility.
V. General User Responsibility for All Park and Recreation Facility Rentals
A. All users shall comply with all Federal,State and Local laws and ordinances and shall comply with Park Regulations in City
code.
B. If approval is given for use of this Park Facilities and it is thereafter determined the Park Facilities will not be available,notice
of cancellation will be given to the applicant as soon as possible with reasons for the cancellation.
C. The Department reserves the right to withhold or withdraw approval of any reservation.
D. The City will require a certificate of insurance against liability associated with such usage.See attached Hold Harmless&Insurance
under Section VI below.
In renting,leasing,or making available for use,the City assumes no responsibility for:
1. Loss or damage to any property placed on the premises by the user.
2. Loss or damage to any property or personal effects, including motor vehicles and their contents,of the user,its members,
employees,agents,participants,guests,or attendees.
3.Royalties,licenses,or costs associated with any production or event.
E. The Department reserves the right to cancel or postpone any activity due to conflicts,disregard of rules and regulations,inclement weather,
unsafe playing conditions or other unforeseen circumstances.
F. The Department does not endorse or condone any activities or products represented by the users.
G. All flyers,announcements,advertisers and/or ads to be posted in Park Facilities or used and/or promoted with your event requires prior
approval of the Recreation Program/Facility Supervisor or his/her designee and event shall note on any promotional material that"The
City of Fairfax does not endorse or condone any activities or products represented by this use".
H. The user shall be responsible for reparation of any theft or damages to equipment,facilities,and grounds as a result of such use.
I. The individual whose signature appears on the Park Facilities"Agreement for Use"or"Permit"is responsible for the supervision and
behavior of the participants and guests. Children under 18 years of age must have adult supervision.
J. The area(s)described on the Agreement for Use/Permit,and granted for use,are the only Park Facilities available to the user.
K. No sublet or assignment shall be initiated by the user unless written consent is given by the Department.
L. The City reserves the right through its representatives to control all activities and to eject any person(s)from the Park Facility who causes
disfavor to the rules and regulations of said facility or poses a threat to the safety of self or others. In such case,there will be no refund of
user fees or deposits.
M. Prior to use,the user shall notify the Department staff of any damages,deficiency,or similar fact observed by him/her either in the building
or on the grounds,in order that such condition might not be attributable to the user in course of occupancy.
N. If extra lighting and/or sound equipment are required,the Department must approve in advance and the user shall be responsible for all
costs and arrangements. Rental time includes set-up and clean-up time. No person shall use or cause to be used any loudspeaker,
loudspeaker system,sound amplifier or any other machine or device which produces,reproduces,or amplifies sound outside ofbuildings or
other enclosed strictures for the proposes of amplifying a live performance without first obtaining a permit to do so.Use of In-house PA
system is allowed with permission.
O. A Damage Deposit,payable at reservation,will be refunded in full to the user upon returning of the facility to its original condition. The
City retains the right to keep the Damage Deposit in the event that there is excessive cleaning required following the use,damage to the
facility,equipment or grounds or theft attributable to the use. A cancellation made at least 60 days in advance of the use will receive a
refund of rental fees collected. Deposit will not be refunded after cancellation,at any time.
P. FEES must be paid by either check(payable to City of Fairfax),credit card(a card processing fee may be charged),cashier's check or cash
and must be paid 4 weeks in advance of date ofuse unless-post event billing has been pre-arranged. NO REFUND OF FEES AFTER THIS
DATE UNLESS DEPARTMENT CANCELS DUE TO WEATHER OR OTHER UNFORSEEN CIRCUMSTANCES.
Q. Any accidents on the premises occurring during the use shall be reported immediately to the Department staff.
R. Obstruction(s)shall not block aisles,emergency exits,passageways,or be placed as to affect the ingress and/or egress from the facility.
Personal vehicles are not allowed inside facility.
S. Food and beverages are not allowed brought into the facility.Concession agreements are in place to provide this service exclusively.
T. Users and their participants and guests must abide by the Iowa Smoke fiee Air Act.Smoking is prohibited inside the entire facility. This
includes all areas and buildings inside the fences of the facility.
U. Coolers are not allowed inside the facility without prior approval of Recreation Program/Facility Supervisor.It is user's responsibility to
inform and enforce this with all participants and guests.
V. No pets are allowed.
R,,,.i l 12 2 17
Vl.Hold Harmless and Indernnification.
The user shall,and hereby agrees to,protect,defend,indemnify and hold harmless the City of Fairfax,its officers and employees from
any and all claims,demands,suits,settlements,judgments,and damages of every kind and nature made,to include all costs associated
with the investigation and defense of any claim(including all attorney fees),rendered or incurred by or on behalf of the City,its
officers and employees,by reason of any injury or loss,including but not limited to,personal injury,including bodily injury or death,
property damage,including loss of use and economic damages arising out of or in any way connected or associated with this
Agreement or the use or occupancy of City property.
VII.Insurance Requirements.
A. User must provide Liability Insurance Certificate to the City TWO WEEKS prior to the first day of the first day of the tournament. If such
certificate of insurance is not presented to the City,the tournament will be cancelled and the deposit will not be returned.
B. User,at its own expense,shall procure and uraintain during the time of use the following insurance so as to cover all risk which shall arise
directly or indirectly from the user's obligations and activities.
o General Liability Insurance with limits of at least$1,000,000 per Occurence for Bodily Injury and Property Damage.As
a minimum,coverage for Premises,Operations,Products and completed Operations shall be included.This coverage shall
protect the public or any person from injury or property damages sustained by reason of use of City property.
o Qualifying Insurance:Policies shall be issued by insurers authorized to do business in the State of Iowa and currently
having an A.M.Best Rating of"B"or better.All policies shall be occurrence form and not claims made form.The user
shall be responsible for deductibles and self-insured retentions in their insurance policies.
o Additional Insured:The City of Fairfax,its officers and employees shall be named as an additional insured on the liability
insurance policy(s).
o CERTIFICATE OF INSURANCE REQUIREMENTS
• A certificate of insurance must be provided to the CITY prior to the city granting approval to use City property.
Certificates may be sent by e-mail,fax(319-846-3480),mail or delivery.
In the description area of the certificate of insurance the user must be identified and what facility and dates the
certificate covers.
• The following address must appear in the Certificate Holder section:
City of Fairfax
Parks and Recreation Department
300 80"'Street Court/PO Box 337
Fairfax,IA 52228
Revisal 12/2/19