Sample Youth Sports Facility Agreement
YOUTH SPORTS ASSOCIATION FACILITY AGREEMENT
The City of Peachtree City, Recreation Department
BACKGROUND: The City of Peachtree City is fortunate to have volunteers who execute youth sports programs on behalf of the City. In this unique partnership, the City provides manpower, budget and resources to construct and maintain quality sports fields and facilities. Youth sports associations provide volunteer personnel, and in some cases paid staff, to staff, organize, plan and administer outstanding youth sports programs. Together, this team ensures that wholesome, healthy and enjoyable recreation activities are available to literally thousands of youth in the City. While the City Administration does not get closely involved with the structure, organization or administration of Association operations, the City Recreation Department must remain accountable and responsible to citizens for any actions taken on its behalf by any affiliate organization, including youth sports associations. Since the City provides valuable assets that are funded by tax paying citizens and the city allows use of these assets to the Associations, Associations must be prepared to provide their services in consonance with existing City policies, ordinances and good business practices. In addition, there may be times when the city is asked to become involved in issues related to association operations. In these instances, the association must be prepared to cooperate with the Parks and Recreation Department, the Recreation Commission or the City Council to resolve issues in cases not specifically covered by this agreement.
1. The Association agrees to provide a RECREATIONAL youth sports program as a service for the City. In return for providing the youth sports program and for fulfilling the other requirements of this Agreement, the City hereby waives all usual fees for field usage, which are routinely charged to other non-affiliated organizations. Such fees may be levied, however, if it is determined that fields are being used to subsidize individual income of paid or volunteer Association staff, or that events are outside of routine Association activities.
2. The term of this Agreement will begin ____________________ and continue through
________________. A new agreement must be signed annually. Either party may terminate this agreement, provided written notice is given at least thirty (30) days in advance.
3. The City agrees to authorize the ___________________________________________
to use the field(s) and facilities on a non-exclusive basis to conduct a recreational program at the following locations:
This agreement includes use of all support structures, unless otherwise specified:
For purposes of this agreement, a recreational program is designed as a program where all
children who register under existing guidelines will be able to play on a team that matches their age and ability. This agreement also covers other Georgia State sponsored youth sports, such as traveling teams, All Star teams. As such, these programs fall under the same policies of this agreement.
4. The Association must provide annually, prior to the beginning of their first (or only) playing season, to the Recreation Department the current versions of:
- a list of Board of Directors and/or Association Officers
- a current roster of participants, to show how many youth participate, and where they reside (individual city or out of county)
- a proposed budget for the upcoming year
- a complete financial statement from the previous year
- current set of by-laws, with amendments if applicable
- proof of liability insurance/certificate of insurance coverage: coverage should include, at a minimum, one million dollars with not less than $1,000 deductible per incident or claim
5. Each Association is responsible for the appropriate certification of coaches in accordance with the rules and requirements of their governing organizations. Records of certification may be requested by the Recreation Department, but are not a requirement at this time.
6. The Association will provide the Recreation Department copies of minutes of all regular meetings, and all annual or special called meetings of the officers, Board of Directors or general membership within 30 days of each meeting. In addition, the City requests that the Association provide copies of any newsletters or special correspondence to membership.
7. The Recreation Department (Recreation Administrator) will hold periodic Sports Council meetings, attended by presidents and/or designated representatives of every association. This is a forum to discuss common issues, coordinate schedules, and otherwise engage in useful communication with the Recreation Department and other associations. The Association president understands that it is his/her responsibility and obligation to attend these meetings, held at the Recreation Department, or to appoint a representative who can speak for the association.
8. The Association is empowered by the City to control the behavior of participants and spectators during the sporting event to the same extent the City is so empowered. The Association can eject an unruly or dangerous participant, coach, parent or spectator from the premises during sporting events. Any Association, officer, coach, umpire or other official can exercise this authority. The Association, through these people, may contact the Police Department for assistance, if necessary.
9. The Association agrees to provide the Recreation Department with a written general schedule of games and practice times prior to the first scheduled game or practice. Dual seasons (fall/spring) will require dual schedules. Schedules should list, at a minimum, fields/facility, dates and times. The Association will also provide updates or changes to the original schedule. It is understood by both parties that this schedule can be of a general nature with blocks of time required for games and practices. The Recreation Department must review the schedule (which must include all times needed for games, practices and field maintenance) before the Association can use the fields. Once the Recreation Department has approved the schedule, the Association shall have exclusive use of the fields for all times listed on the approved schedule.
10. The Association may coordinate the use of the fields by other groups or entities approved by the Recreation Department if the Association has confirmed the use does not conflict with maintenance requirements or planned activities by the Recreation Department. No other group, to whom a field has been assigned, may charge a fee or allow another group to use the field(s) in their place. If payment is appropriate (as determined by the Recreation Staff on a case by case basis), the Recreation Department shall require payment from the requesting group or entity at the rates established by the Recreation Commission (see attachment). The Recreation Department shall receive from such group or entity the payment of all deposits, all insurance information, all liability waivers required by the Recreation Commission, and a completed users agreement before the group may use the field. Any group that has an outstanding balance with the City for prior field rental shall not be allowed to use the field until all monies owed have been paid to the City.
11. The Association agrees to police all areas being used to ensure that trash and litter are cleaned up after use. These areas include any support structures at a facility used by the Association. A cleanup deposit of $250 will be assessed at the beginning of each Association’s season. If cleanup for each event is not done in a reasonable amount of time and the City is required to do the cleanup, then the cost to the City will be deducted from that deposit. It is the Association’s responsibility to ensure that the cleanup deposit is restored to $250 if deductions have been made. The assessment will be implemented only if there is repeated abuse. This deposit is traditionally carried over to the next year.
12. The Association should notify the Recreation Department of any damage, vandalism, needed repairs and/or safety issues at their respective parks as soon as possible, not later than the next working day. If damage is a result of Association members’ negligence or failure to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the city for all or part of repair costs.
13. The Association is responsible for monitoring the restrooms during their use of the facility. Hourly inspections are suggested to ensure that their members are not purposely or inadvertently causing damage to the facilities. Repairs to damage that can be specifically tracked to Association members will be deducted from the security deposit, and it will be the association’s responsibility to restore the fund to $250. The Association is also responsible for locking restrooms at the conclusion of each usage of the facility.
14. The Association must not allow any alcoholic beverages and/or illegal drugs to be consumed on City property or in City facilities.
15. The Association shall allow no vehicles in other-than designated parking areas, including concession buildings and office areas, unless specifically authorized by the Recreation Department. The City’s police department may issue citations for illegally parked vehicles, or for reckless operation (speeding, etc.) of vehicles on City property.
16. The Associations will be responsible for lining their fields for play. In some cases, supplies (i.e. line marker and marble dust) may be provided by the City, via the Recreation Department, for association use only during their regular season and post-season tournaments. In such cases, Associations do not have the authority to allow other organizations to use the supplies, or to use the supplies as barter for in-kind trades.
17. The Association is responsible for turning off all applicable lights (field and facility) at the conclusion of each night’s activities, and locking any designated gates or doors. A monetary penalty may be assessed against the association for lights left on unnecessarily, or for damage caused by doors or gates not being properly secured. There is a constant and significant expense associated with field lighting that requires constant management by the Association. If energy management initiatives are not aggressively pursued by the Associations, then the Associations may be responsible for funding the field lighting costs.
18. The Association shall not be allowed to alter, add, delete or improve the facilities without prior written consent by the Recreation Department. Such alterations, additions or improvements shall meet existing applicable City codes, and become and remain City property.
19. For any tournaments or other activities outside routine recreational activities where
large amounts of trash are expected, Associations should rent adequately sized dumpsters for the duration of the activity, and ensure that trash bags are deposited in the dumpster(s). Dumpsters should be removed from the site the last day of or the day after the tournament or activity.
20. The Association will be required to complete a separate contract for every tournament hosted above and beyond their regular season. The City will incur the cost of lighting the fields for any of the Peachtree City Youth Association’s tournaments with the stipulation that all funds generated at these tournaments be reinvested either to maintain fields, to keep the cost of registration in the Association down or to provide scholarships to needy children. Net proceeds will be equally divided between all recipients (i.e. schools, city, association, etc.) A clean-up deposit of $250 will be required and will be refunded if trash and litter is placed in provided trashcans or dumpsters within 24 hours following the conclusion of the tournament hosted by a Peachtree City Youth Association. Following every tournament, a revenue/expense report will be required within four to six weeks explaining the cost incurred in hosting the tournament and projections of where the revenues are going.
21. The Association will be required to complete a separate contract for each camp or
clinic sponsored or co-sponsored by the Association. A refundable $250 deposit will be required for each camp or clinic held. The deposit will be refunded providing no damage has occurred and all trash has been removed in a timely manner. Following every camp or clinic, a revenue/expense report will be required within four to six weeks explaining the cost incurred in hosting the camp or clinic and projections of where the revenues are going. Field rental fees will not be assessed by the city so long as it is shown that the camps and clinics are not subsidizing individual income of paid or volunteer staff, and that they are part of the routine activities of the Association.
22. Associations that want to serve food items should be inspected by the Fayette County
Health Department. The Association has the prerogative to choose one of the following:
1. Not to serve anything; 2. Serve only items that are acceptable based on Health Department inspection, i.e. pre-packaged, individually wrapped food items that have already been inspected. Foods such as chips, candy bars, even canned drinks served out of a cooler, could be offered for sale. These are basic non-hazardous items that don’t involve food handling; 3. (A) Obtain a Basic Food Service Permit, such as McDonald’s, or Outback Steakhouse would have. This permit would enable anything to be sold at concession stands. There would be no fees for the Association to obtain for this type permit. (B) Obtain a Restricted Food Service Permit: This is a permit the majority of food concession stands could operate under with minimal changes inside the facility. There is an inspection and a permit requirement. There would be no fees imposed for these inspections; however, the permit would be menu specific. The equipment required would be based solely on the proposed menus. Under this permit, only food requiring immediate cooking, such as hot dogs and hamburgers, could be served. If foods were being purchased from an approved food source only, and being placed on a cooking surface to serve the consumer, it could be done under a Restricted Food Service Permit. It will be the responsibility of the association to contact the County Health Department to explain the level of food service the association will be using. It is also the association’s responsibility to provide the city with documentation, from the Health Department, as to the permit issued.
23. The Association is encouraged to hire a parks maintenance employee to assist with the trash pick-up and restroom checks during a large event (i.e. tournament) or for large regular season events. The employee should be contracted by the Association at a rate of $18.00 per hour. Payment would need to be made directly to the employee but scheduling would be coordinated through the Recreation Department.
24. The City and the Association acknowledge that a comprehensive field maintenance
program is required to preserve the life of the fields, reduce long-term capital expenditures and ensure safe playing conditions. The City provides certain services in accordance with the available budget and human resources. In turn, the Association will supplement this maintenance effort either with materials, funding or other available resources at their disposal. Within sixty (60) days prior to the signing of the 2006 agreement, key representatives of the Association and the City will meet to develop a joint maintenance program outlining frequencies, services and which party will perform these functions. The City and the Association will coordinate to ensure compliance with the program.
25. The city's insurance covers only the city's buildings and fields. It is the responsibility of the Association to insure any contents stored in its concession stands, office and storage buildings.
26. THE ASSOCIATION WILL CONTINUE TO BE REQUIRED TO HAVE A BACKGROUND CHECK PROCESS IN PLACE FOR ALL COACHES AND ASSISTANT COACHES INVOLVED WITH THE ASSOCIATION. THE CITY DOES NOT WISH ASSOCIATIONS TO ENGAGE COACHES OR STAFF WHO HAVE QUESTIONABLE BACKGROUND CHECKS.
27. Financial Records: Detailed financial records (monthly/annually) shall be maintained by the Association for inspection by the City, including Receipts and Disbursements, Beginning and Ending Cash Balances and Bank Reconciliation. The Association’s Board of Directors shall approve all financial reports on a monthly/annual basis. Overall accounting for camps and clinics should also be included in the financial reporting.
28. Receipts and Disbursements: The Association shall properly maintain records on receipts and disbursements of all funds. The appropriate invoice or documentation shall support all disbursements. In addition, all disbursements by check in excess of $300.00 shall require dual signatures.
29. Audit: The City reserves the right to conduct an internal audit (conducted by City staff) of the Association’s financial records at any time. Audits can be conducted with no advance notice and the Association should be prepared to produce the requested information or documentation. The City will absorb the cost of conducting these internal audits. Moreover, if warranted by the City based on results of the internal audit, an independent audit (on the cash basis of accounting) by a Certified Public Accounting firm may be required. The Association will be responsible for the cost associated with this independent audit.
30. THE ASSOCIATION WILL CREATE AND MAINTAIN A FIELD MAINTENANCE LINE ITEM, IN THEIR BUDGET, TO BE FUNDED IN ACCORDANCE WITH STIPULATIONS IN THE ADDENDUM TO THEIR AGREEMENT.
31. For associations sharing facilities, following the conclusion of a season, the entire concession stand and storage area will be cleared for the next association’s season. Should an association choose to sell another association remaining concession products, this transaction needs to take place prior to the beginning of the next association’s season.
32. As soon as possible, but prior to the conclusion of the season, the association must submit back-up documentation (based on registration numbers) to support the per season/per player facility maintenance fee assessed to each association. The city and the association must agree upon expenditures from their special account.
Signed and agreed upon this date by:
Youth Association President Recreation Administrator