St. Joseph, Illinois

 

The Village of St. Joseph

Sports Organizations Agreement

 

The Village of St. Joseph, Illinois and  __________________________________
hereinafter referred to as the Sports Organization.     (Sport Organizationís Name)

 

I. GENERAL AGREEMENT OVERVIEW

A.  The Village will provide some manpower and some resources to construct and maintain sports facilities and parks.  Sports Organization groups will provide volunteer personnel to staff, organize, plan and administer outstanding youth sports programs. The Village wants to ensure that wholesome, healthy and enjoyable recreation activities are available to community members of St. Joseph.  While the Village Administration does not get closely involved with the structure, the Sports Organization or administration of the Sports Organizationís operations, the Village provides valuable assets that are funded by Village residents and the Village allows use of these assets, Sports Organizations must be prepared to provide their services in accordance with existing Village policies and ordinances.

 

B. The Sports Organization agrees to provide a recreational sports program as a service for the residents of the Village.  To help offset the cost of facility maintenance, repairs, electricity and any other costs associated with the facility use, the Village will charge a seasonal fee.  Please refer to fee schedule attached to contract.  Rosters, fees and deposit must be submitted to Village upon signing of sports agreement.

C. The terms of this Agreement will be valid until ________________, 201__. A new agreement must be signed annually. Either party may terminate this agreement, provided written notice is given at least sixty (60) days in advance.

D.  The Village agrees to authorize the Sports Organization 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 youth who register under existing guidelines will be able to play on a team that matches their age and ability. This agreement also covers other regional sponsored youth sports, such as traveling teams and All Star teams. As such, these programs fall under the same policies of this agreement.


 

            E. Sixty (60) days prior to the beginning of their playing season, the Sports Organization must provide the Village with the following information:
           

                        1. Date of season:  first practice to last game/event, clinics, andclasses.

           

2.  A list of Board of Directors and/or Sports Organization Officers and identify a liaison/contact person that will communicate with the Village Parks & Recreation Director.          


                        3. Current roster of participants, to show how many youth participate, theirage and address.


                        4. Complete set of current bylaws and operating procedures, rules, etc.

 

5. Proof of liability insurance/certificate of insurance coverage: coverage should include, at a minimum, $1,000,000.  The Village shall be named additionally insured.

 

            F. Each Sports Organization is responsible for the appropriate certification/training of coaches in accordance with the rules and requirements of their governing Sports Organizations and sportsmanship.  The Village encourages Sports Organizations to include with their certification/ training the CPR, AED and First Aid.  Records of certification/training may be requested by the Village, but are not a requirement at this time.

G. The Sports Organization will provide the Village with copies of any newsletters, flyers or special correspondence to membership.

            H. The Community Parks & Recreation Committee will hold periodic meetings.  This committee is made up of one representative from each sports organization and two at large community members.  The sports organization president understands that it is his/her responsibility and obligation to appoint a representative to be a member of the Community Parks and Recreation Committee.  The Committee will be recognized by the Village and will be used as a forum to discuss common issues, coordinate schedules, vote on recommendations for the village in regards to the Parks and Recreation programs and engage in useful communications in the best interest of the community.  The Village Parks & Recreation Director will attend and bring the committeeís recommendations to the Village Parks and Recreation Committee to be considered by the Village.
           

I.  The Sports Organization is authorized by the Village to control the behavior of participants and spectators during the sporting event to the same extent the Village is so empowered. The Sports Organization can eject an unruly participant, coach, parent or spectator from the premises during sporting events and shall eject a dangerous participant, coach, parent or spectator from the premises during sporting events. Any Sports Organization, officer, coach, umpire or other official can exercise this authority. The Sports Organization, through these people, may contact the Sheriffís Department for assistance, if necessary.


 

II. TERM

 

The term of this agreement shall be from ___________________ (Beginning date)             through____________________ (Ending date) for the purpose of using the premises for organizing and implementing athletic leagues in the Village of St. Joseph, Illinois. At any time during the term of this agreement, either party may cancel by giving sixty (60) calendar days written notice to the other party. This right to cancel is exercisable with or without an occurrence of default as provided in paragraph XII hereof.

 

III. INDEMNIFICATION/INSURANCE

 

            A. The Village shall not be liable to the Sports Organization or the Sports   Organization's agents, officials, employees, contractors, members or participants for any damage to person or property caused by an act of negligence or   malfeasance of the Sports Organization or the Sports Organizationís agents, officials, employees, contractors, members or participants, and the Sports Organization agrees to indemnify and hold harmless the Village, its agents,officials and employees and any umpire or official from any and all claims for any      such damage arising out of the activities of the Sports Organization, its agents, officials, employees, contractors, members and participants. The Sports    Organization shall provide the Village, at least sixty (60) days prior to the beginning of each playing season, with a policy of public liability insurance at a minimum of $1,000,000.  The Village shall be named as an additionally insured.

           
            B. The Village's insurance covers only the Village's buildings and fields. It is the    responsibility of the Sports Organization to insure any contents stored in its concession stands, office and storage buildings.

IV. DAMAGE DEPOSIT

 

            The Sports Organization shall pay a $300 damage deposit fee due upon signature   of agreement.  Refunded annually at the end of each season or could carry over          annually.  If cleanup for each event is not done in a reasonable amount of timeand the Village is required to do the cleanup, then the cost to the Village will be deducted from that deposit. It is the Sports Organizationís responsibility to ensurethat the cleanup/damage deposit is restored to $300 if deductions have been made. The assessment will be implemented only if there is repeated abuse.

 

V. SCHEDULES/USE

 

A.  The Sports Organization agrees to provide the Village Parks & Recreation Director with a written general schedule of games and practice times thirty (30) days 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 Sports Organization 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 Village Parks & Recreation Director must review and approve the schedule (which must include all times needed for games, practices and field maintenance) before the Sports Organization can use the fields. Once the Village Parks & Recreation Director has approved the schedule, the Sports Organization shall have exclusive use of the fields for all times listed on the approved schedule.

 

B. For any tournaments or other activities outside routine recreational activities where large amounts of trash are expected, Sports Organizations must notify the village and should rent adequately sized dumpsters for the duration of the activity, and ensure that trash bags are deposited in the dumpster(s). Dumpster placement must be approved by village. Dumpsters should be removed from the site the last day of or the day after the tournament or activity.

C. The Sports Organization will be required to complete a separate contract for every tournament hosted above and beyond their regular season. The Village will bill the Sports Organizations at the going rate for the cost of lighting the fields for any St. Joseph Youth Sports Organizationís tournaments. An additional clean-up deposit of $100 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 St. Joseph Youth Sports Organization.

 

            D. The Sports Organization will be required to complete a separate contract for each camp or clinic sponsored or co-sponsored by the Sports Organization. Field rental fees will not be assessed by the village so long as it is shown that the campsand clinics are not subsidizing individual income of paid or volunteer staff, and that they are part of the routine activities of the Sports Organization.

VI. FACILITIES/SECURITY

 

            A. The Sports Organization 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 Sports Organization.

 

B. The Sports Organization should notify the Village Parks & Recreation Director/Village 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 Sports Organization membersí negligence or failure to comply with accepted operational or security measures, the Sports Organization may be held responsible for reimbursing the village for all or part of repair costs.

C. The Sports Organization 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 Sports Organization members will be deducted from the security deposit, and it will be the Sports Organizationís responsibility to restore the fund to $300. The Sports Organization is also responsible for locking restrooms and concession areas at the conclusion of each usage of the facility.

 

D. The Sports Organization must not allow any alcoholic beverages and/or illegal drugs to be consumed on Village property or facilities.

E. The Sports Organization shall allow no vehicles in other-than designated parking areas, including concession buildings and office areas, unless specifically authorized by the Village Parks & Recreation Director/Village.

 

F.  There shall be NO duplication of keys.  If additional keys are needed, the Village Director of Parks and Recreation should be contacted.   Key holders are to return the keys to the Village Director of Parks and Recreation within 2 weeks of the end of their season unless other arrangements have been previously made with the Director.  The Director shall maintain a list of all keys issued and the sport for which the key is needed.

 

VII. MAINTENANCE

 

            A. The Village shall maintain, as available resources allow, all turf areas on the fields to include mowing, weed control, fertilizing, herbicide spraying andirrigation.

 

B. The Village and the Sports Organization 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 Village provides certain services in accordance with the available budget and human resources. In turn, the Sports Organization 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 201__ agreement, key representatives of the Sports Organization and the Village via the Village Parks & Recreation Director will meet to develop a joint maintenance program outlining frequencies, services and which party will perform these functions. The Village and the Sports Organization will coordinate to ensure compliance with the program.

 

C. The Sports Organizations 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 Village, via the Village  Parks & Recreation Director, for Sports Organization use only during their regular season and post-season tournaments. In such cases, Sports Organizations   do not have the authority to allow other Sports Organizations to use the supplies, or to use the supplies as barter for in-kind trades.

 

            D. The Village shall maintain all goals, fences, bleachers and gates.

 

            E. The Village shall be responsible for the maintenance of any field irrigationsystem and watering schedules of turf areas. It will be the Villageís option to  implement any changes as needed in the watering schedules.

 

            F. The Sports Organization is responsible for turning off all applicable lights (field and facility) at the conclusion of each nightís activities, and locking anydesignated gates or doors. A monetary penalty may be assessed against the Sports Organization for lights left on unnecessarily, or for damage caused by doors or gates not being properly secured. There is a constant and significant expenseassociated with field lighting that requires constant management by the Sports Organization. If energy management initiatives are not aggressively pursued by the Sports Organizations, then the Sports Organizations may be responsible forfunding the field lighting costs.


            G.  The Sports Organization shall not be allowed to alter, add, delete or improve    the facilities, fields or turf without prior written consent by the Village Board. Such alterations, additions or improvements shall meet existing applicable Village codes, and become and remain Village property.

H.  The Sports Organization shall be responsible for daily game day policing of all litter on their field(s) to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent park grounds and streets. All litter shall be placed in trash bags for pick up at a designated site. The Village shall provide for the pick up of trash bags. The Sports Organization will be required to remove any loose litter thrown into receptacles or dumpsters.

 

            I. The Sports Organization will be responsible for the storage and the pick up of  all equipment after the completion of each game i.e. bases, drags, ladders, concession boxes, barbecue grills or any other items as needed.


VIII. FOOD/DRINK SALES (see Appendix for detailed concession agreement)

 

            A. All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all Village ordinances, county, state and federal statutes and subject to all applicable terms and conditions set forth in the ďConcession Stand AgreementĒ attached hereto as Appendix B (page 10).

 

            B.For Sports Organizations sharing facilities:

 

1.  Following the conclusion of a season - the entire concession stand and storage area will be cleared for the next Sports Organizationís season within ___ days. Should a Sports Organization choose to sell another Sports Organizationís remaining concession products, this transaction needs to take place prior to the beginning of the next Sports Organizationís season.

 

2.   During another organizationís season (in the concession stand) Ė the organization who is in charge of the concession stand shall clear all their product and put them into their storage area or an agreement needs to be executed between the two organizations regarding the sales of the first organizations product.

 


 

IX. CRIMINAL BACKGROUND CHECKS

 

The Sports Organization will be required to have a background check process in place for all coaches and assistant coaches involved with the Sports Organization.  Sports Organizations shall not engage coaches or staff who         have questionable background checks.

X. TERMINATION

 

            The violation of any of the provisions of this agreement constitutes a default, which may result in the termination hereof. In the event of such a default, the Village may enforce the performance of this lease in any mode provided by law, and this agreement may be terminated at the Village's discretion if such defaultcontinues for a period of ten (10) days after the Village notified the Sports Organization of such default and the Villageís intention to declare the agreementterminated, such notice to be sent by the Village by certified mail. Thereupon, unless the Sports Organization shall have completely removed or cured said default, this agreement shall terminate. The Villageís agent or attorney shallthereafter have the right, without further notice or demand and without resort to  legal process, to re-enter and remove all persons and Sports Organizationís  property there from. Any such property which remains in or on the Premises after termination of this agreement shall be deemed to have become the property of the Village and may be removed and disposed of by the Village as the Village sees fit, without resort to legal process and without the Village being deemed guilty ofany manner of trespass or becoming liable for any loss or damage which may beoccasioned thereby, and the Villageís agent or attorney may resume possession of the premises.

 

XI. AMENDMENTS, GOVERNING LAW AND VENUE

 

            Amendments and alterations to this agreement shall be made in writing. Thisagreement shall be governed by the laws of the State of Illinois, and the parties agree that this agreement is performable in Champaign County, Illinois.

 

XII. APPEALS PROCESS

 

All Sports Organization members shall submit any concerns and/or complaints related to any Sports Organization operations to their respective Sports Organization under that Sports Organizationís established grievance procedures. If a Sports Organization member does not get his/her grievance addressed or resolved, then that individual may appeal that issue to the Village Parks & Recreation Director.  The Village Parks & Recreation Directorís responsibilities shall be limited to the review of appeals related to any alleged violations of a Sports Organizationís constitution and bylaws or this agreement. Should the Village Parks & Recreation Director find that the Sports Organization is engaged in conduct that is objectionable or contrary to Villageís interests or detrimental to or against the public interests, the Village Parks & Recreation Director may recommend that the Village cancel this agreement should such conduct continue.

 


 

XIII. SEVERABILITY

 

            If any provision of this agreement shall fail or be stricken for any reason whatsoever, the remainder of this agreement shall remain in full force and effect.        

 

This agreement is made and entered into on the ____day of __________, 201__.
           

Signed and agreed upon this date by:

 

Village of St. Joseph                                       Sports Organization ___________________

 

By_________________________                 By___________________________

Mayor B.J. Hackler                                         Sports Organization President

 

Date_______________________                  Date_______________________

 

 

By ________________________

Aric Silver

Chairman, Parks & Recreation

 

Date  _____________________

 

 

APPENDIX

 

CONCESSION STAND AGREEMENT

 

1. The Sports Organization shall have use of the concession stand(s) during the dates and hours specified in the Facility Use Agreement (the ďagreementĒ) between the Village and the Sports Organization for the duration of said agreement.

 

2. The Sports Organization shall, at all times for the duration of the agreement, maintain the inside of the concession stand and shall be responsible for all appliances, and all

equipment necessary for storage, preparation, and serving of food and drinks in a

clean, safe, sanitary manner commensurate with similar Village facilities in

compliance with County ordinances, county, state and federal statutes and acceptable

to applicable agencies.

 

3.  Any equipment not to be considered community property should be locked in the organizationís storage area.  All other equipment will be considered community property.

 

4. The Sports Organization shall comply with all state and County Health regulations governing the public sale of food and drink.

 

5. While using the Park facilities, the Sports Organization shall be responsible for all trash, garbage, paper, boxes, cartons, cans, containers, letters, etc., generated by the concession stand inside and outside of the complex area. The taking of recycling to the Village recycling center is encouraged. The Village shall furnish an adequate number of trash receptacles and trash will be placed at a designated site for pick-up.

 

6. The Village shall be responsible for off-season winterizing of plumbing fixtures and

shutting off all water and electric inside the concession stand no later than

OCTOBER31st, following the end of the current season. If winter conditions

necessitate winterizing before the end of the season, the Village will notify the

Sports Organization as soon as possible.

 

7. The Village shall be responsible for underground utility lines and pipes leading up to

the concession stand. The Village will have all water to concession stands turned on

by April 1steach year unless freezing weather conditions are prevalent.

 

8. The Sports Organization shall be responsible for keeping on only the essential appliances during the seasonís non-use times. All appliances shall be unplugged and

associated water lines unhooked during the off-season. Storage of any kind is

prohibited in and around irrigation controllers and electrical breakers.

 

9. The Sports Organization shall at all times during the duration of the agreement be

responsible for the sanitary conditions of the plumbing fixtures, equipment, walls,

ceilings, floors, cabinets, doors, etc., on the inside of the concession stand and the

corresponding restrooms.

 

10. The Sports Organization shall be responsible for the security of the building property to include any alarm systems and other security devices.

 

11. The Sports Organization shall be responsible for the total contents of the concession stand, securing any insurance for all of the contents and paying for insurance premiums.

 

12. The Village reserves the right to utilize the concession stands and/or score booths

during times not used by the Sports Organization.

 

13. If the concession stand is abandoned, this agreement may be terminated as

provided in the agreement with the Sports Organization.

 

14. Any vehicle used by the Sports Organization, in conjunction with the operation of such concessions, must comply with state vehicular inspection standards and be approved by the Village for park areas and park users. Delivery trucks shall not be permitted within the Park area unless they use existing service drives. Persons operating concessions shall

see that the deliveries are made from designated service drives leading directly to

the building. At fenced facilities, all delivery trucks are prohibited from pulling

inside the fenced-in area.

 

15. The concession facilities shall only be operated by the Sports Organization, its agents,

officers, employees, volunteers, and members, and such operation shall occur only

during regularly scheduled league games.

 

16. All proceeds from the sale of such concessions shall only be used by the

Sports Organization and its individual teams to foster and promote recreation in the

Village.

 

17. In case of default of any of the covenants herein, the Village may enforce the

performance of this agreement in any manner provided by law and pursuant to the

agreement with the Sports Organization.

 

18. The Sports Organization shall take good care of the property and its fixtures and suffer no waste.  The Sports Organization shall, at its own expense and cost, keep said premises in good repair.  This includes, but is not limited to, keeping the waste water and water systems, closets, pipes and fixtures belonging thereto in good repair and connections free from obstructions to the satisfaction of the Village during the term of the agreement. At the end or expiration of the term, the Sports Organization shall deliver up the premises in good order and condition. The Sports Organization agrees to accept possession of the premises in their present condition, and to allow for changes in such condition occurring by reasonable deterioration between the date hereof and the date the Sports Organization occupies said premises. No improvements or alterations shall be made in or to the hereby demised premises without the consent of the Village in writing.

 

19. It is agreed for all purposes hereunder, that the Sports Organization is and shall be an

independent contractor and shall not, with respect to its acts or omissions

hereunder or those of its agents, officers, employees, contractors, volunteers,

members and participants, as well as its concession stand operators, be deemed an

agent or employee of the Village.


 

 

20. The Village shall not be liable to the Sports Organization or the Sports Organization's agents, officials, employees, contractors, volunteers, members, participants or its

concession stand customers for any damage to persons or property arising out of the activities of the Sports Organization or the Sports Organizationís agents, officials, employees, contractors, volunteers, members, participants, and the Sports Organization agrees to indemnify and hold harmless the Village from any and all claims for any such damage. The Sports Organization shall maintain a policy of public liability insurance as provided for in the agreement with the Village.

 

 

           

Signed and agreed upon this date by:

 

Village of St. Joseph                                       Sports Organization ___________________

 

By_________________________                 By___________________________

Mayor B.J. Hackler                                         Sports Organization President

 

Date_______________________                  Date_______________________

 

 

By ________________________

Aric Silver

Chairman, Parks & Recreation

 

 

Date_______________________