This User Agreement made and entered
into this 2nd of January 2008 by and between the Town of Smyrna's Parks and
Recreation Department, here after referred to as "the Department",
and Ables Recreation hereafter referred to as "User".
In consideration of the mutual
promises and agreements continued herein, the Department and User agree as
follows:
I. Purpose.
The Department agrees to allow the User to use the Town of
The User agrees to comply with the
terms of the User Agreement, the rules and regulations of the Smyrna Parks and
Recreation Department, and applicable city, state, and Federal laws and
regulations.
II. Term.
The term of this User Agreement
shall be for one season, beginning on April 1, 2008 and continuing until April
1, 2009. The User shall have the right
to use the property during the term of the Use Agreement based
on approved schedule by the league and the Parks Department and on file in the
Parks Department. The User shall provide
the Department with a copy of its schedule request ASAP before the start of
practice and play so the Department can adequately prepare for facility use and
to resolve any scheduling conflicts. The
Department reserves the right to delay use of the facilities if not enough time
is available to prepare, i.e. the Department reserves the right to set back the
start of practice/games if the request is not received by the Department no
less than 10 working days prior to start of practice/games. If Ables wishes to alter the schedule after
it is submitted, the Parks Department must receive and approve any such
request. Such requests should be
submitted at the earliest possible opportunity.
Any changes requested less than 48 hours before event are likely to be
denied due to insufficient time for staff to rearrange work schedules.
III. Department Obligations.
A.
The Department will maintain the playing fields for the normal games
scheduled on Exhibit B.
Maintenance shall
include:
1. Irrigation systems
2. Mowing of playing surface
3. Field preparations (dragging and lining)
4. Fence repair
5. Light repair
B.
The Department will maintain existing rest room facilities. This includes building repairs and
maintenance for the roof, interior and exterior walls, doors, plumbing and
electrical systems. It also includes
providing paper products and routine cleanup for the rest rooms.
C.
The Department will provide building maintenance for existing concession
stands.
D.
The city will be responsible for providing trash receptacles and the
disposal of trash and litter from such receptacles. The league is encouraged to dispose of trash
in the dumpsters on an as needed basis and to replace the bags. Additional bags can be requested from Parks
Department.
E.
The Department will maintain the parking areas.
F.
The Department shall conduct monthly meetings (2nd Monday, 6:30pm) to
discuss maintenance and league business.
G.
The Department will maintain practice sites. This shall include mowing, repairs, and
emptying trash receptacles.
H.
The Department will pay for utility services (water, electricity &
gas) at the Property.
I.
The Department will determine whether rain or inclement weather has made
the field unusable prior to 3:30pm on scheduled game days, and shall place this
decision on the Rain Out line 223-6023 and www.townofsmyrna.org for Board Members to
call and access. (Absolutely NO play will be allowed
when fields are closed due to weather.) The
Department reserves the right to shut down the park complex if we feel it is
necessary to do so.
J.
The Department will conduct N.Y.S.C.A. Coaching Certification on dates
agreed upon by the Department and User.
The Certification Clinics for this program will be held N/A.
IV.
User Obligation
A.
The User will provide any additional maintenance of the fields required
beyond the normal schedule, such as additional seeding or fertilizing, but
shall provide such maintenance only with the prior approval of the Director of
Parks and Recreation. N/A
B.
The User must inform the Department who is in charge of the following
(all that apply). This
is for informational purposes only. See
C. below.
Coaches – Nancy Scott
Uniforms –
Club Teams –
Fields and Equipment –
Scheduling –
Concessions –
C.
The User must submit Board Members, players, and coaches' names and
addresses to the Department.
Executive Board - Nancy Scott – President, Sharon Manus, V.P.
NOTE: One person, Nancy Scott, will be the direct
liaison with Parks and Recreation on all matters regarding any league
issues. This person will be responsible
for coordinating within their league and be in attendance at the Monthly
Athletic Committee Meetings. If a change
is made, it is the responsibility of the league to notify Parks and Recreation
of it.
D.
The User will maintain concession stands in a clean, safe, and healthy
condition. The User will not sell or
promote the sale of any alcohol or tobacco products. The User is required to open the
concession on every date there is a game scheduled at the User's location.
(with the exception of tournaments sponsored by other groups who need
concession area). N/A
E.
The User will clean and secure all pressbox facilities and equipment on
a daily basis upon the dates specified in their schedule. The User will be responsible for replacement
of any damaged or lost equipment at Property during the dates of this agreement
(including scoreboxes).
F. The User will make reasonable
efforts to maintain the parking lot, playing field, and common areas in trash
free condition. The User will perform
trash and litter pick up and placement into receptacles, so that the areas are
in a clean and orderly state by frequent announcements and labor by User
members and supporters. User is also
responsible for supplies needed in the concession stand i.e. light bulbs, soap,
etc.
G.
The User will provide first aid policies to all board members and
coaches. The User will also supply first
aid supplies and/or medical assistance required during any game, practice, or
activity. A first aid policy will be
attached to this agreement and one posted on the league bulletin
board. Also, a first aid kit shall be
placed in the league concession.
H.
The User shall make by-laws and financial reports available to anyone
upon request. Financial statements shall be
provided by the Treasurer upon request. An
annual budget meeting must be announced to Users in a timely manner and all
finances must be disclosed to all User members.
The following Board members are designated to sign checks for their
league: President, Nancy Scott; Treasurer,
Sandra Toombs. Any check written for any
amount, must have two board members signatures.
I.
The User will attend monthly (2nd Monday, 6:30pm) Athletic Committee
Meetings. Any User that accumulates
three (3) unexcused absences within a calendar year shall be subject to sanctions
by the Department, i.e., possible loss of field use.
J.
The User shall require a volunteer coaching disclosure form from all
coaches. Forms to be turned into the
Department at sign-ups. Waivers on
all players and coaches are also required at this time. Forms shall be kept on file at the Parks
Department Office. The
league shall turn in insurance documentation, waivers, and coaching disclosures
before practice starts, or league play will not be allowed to begin. If the league knowingly allows a convicted
felon to coach, administer, or umpire, then league could possibly forfeit their
rights to use city fields until the matter is resolved.
K.
The User shall report any maintenance requests to the Department in a
timely manner. All maintenance requests
must go to the Maintenance Coordinator. The
User shall provide the Department a list of all people that have keys to
lights, gates, and concession. This list
may be attached to this document or on a separate sheet. The Department reserves the right to close
the park if a maintenance problem cannot be resolved at any particular time.
L. The User is responsible for monitoring
facilities during use. This includes all
practices, games, and tournaments. The
User is also responsible for closing a field due to unsafe conditions once the
fields are turned over to the User for play.
M.
The User is responsible for calling the Rain-Out Line, 223-6023 after
3:30pm or access www.townofsmryna.org to determine if games can be played
that day. The User is responsible for
all field decisions made after
N.
The User will not waste any utility services provided by the
Department. The Department reserves the
right to bill User directly for utilities if there appears to be unnecessary
use of utilities.
O.
When Terra Nova testing is administered to local elementary schools, no
games will be played beyond
P.
The User will be permitted one free use per month of the Meeting Hall
for board meetings. For any additional
meetings in that month, there will be a fee assessed.
Q.
The User shall make a request to Parks and Recreation in writing requesting
to change affiliations, and also indicate how it will/will not affect the
league operation or be detrimental to the league or city. Also, if the change is made, consideration
must be taken to accommodate children affected by the change, i.e. "grandfathering"
age cut-offs, or handling on a case by case basis.
R.
It is the policy of the Town of Smyrna Parks Department that any
programs that are subsidized by the Town of Smyrna that general surplus at the
end of the year, be: 1) put back into the program, 2) improve the
park facilities and 3) or put into a savings account.
S.
Any requests for use by local schools must go through the Parks
Department. It is the policy of the
Parks Department to help local schools out when feasible.
*School requests will
be handled on a hardship basis. Forms
for requesting use on a hardship basis are available at the Parks Department.
T.
The User shall notify the Parks Department in advance if intending to
change vendor Pepsi to Coca Cola or vice versa in the concession.
U.
League games will be conducted at Todd Lane Baseball Complex for the 2007
Spring season.
V. The User shall ensure there is a mechanism in
effect to allow underprivileged children to participate, i.e. reduced
fees. The league shall also limit
enrollment to what the facilities can handle, with priority given to general
recreation programs in
W. It is recommended that the User set aside
$5,000 to offset city costs of ground maintenance of fields, i.e. field upkeep,
turf, grass, fertilizer, light adjustments, etc.
T. The User shall give close scrutiny to and
make every effort to avoid conflicts of interest.
U. Screening of Coaches. Outside of providing background checks to the
Parks Department, the league shall be responsible for providing all due
diligence in accepting competent coaches.
V. The league make every effort to advertise to
those eligible to vote, ample notice of upcoming annual elections.
W. The User shall absolutely not have any
additions to tournament requests 48 hours before an event, i.e. tents,
bleachers, hookups, etc. There must be one
contact person for special events and tournaments named on the request form
with at least two contact numbers.
X. League meetings are open to the public. The public shall not be permitted to speak
unless their request is submitted one week prior to the league and approved for
the agenda.
V. User Representations
A.
User represents that it is a non-profit or not for profit corporation as
defined by the Internal Revenue Code.
B.
User covenants that it will not discriminate against any person,
including, but not limited to sex, race, religion, natural origin, or
disability, and that its programs and services will comply with the Americans
with Disabilities Act. User will have
allowances for applicants that are financially unable to participate in
programs.
C.
User shall maintain a liability insurance policy with a minimum
$1,000,000 limit during the term of the Use Agreement. Insurance policy must list the Town of
D.
The User accepts the property as suitable for the purposes of the Use
Agreement. User will protect and
maintain the Property, except for maintenance to be performed by the
Department. User will pay the town for
any damage to Property during the term of the Use Agreement as determined by
the Department based on pre and post-season inspections.
VI. Policies
A.
Signage
The User shall post no
signs on the property without prior approval of the Department. All signs must be on the outfield fences and
must be freshly painted and attached at all four corners.
B.
Vendors
No outside vendors will
be allowed to sell any product or service on Property without prior approval
from Director of Parks and Recreation.
If approved, vendor must have permit issued by the Town of
C.
Structures
The User shall not alter
or modify any existing building or structure nor build or locate any new
building or structure on the Property without prior written approval of the
Department and the approval of all appropriate city agencies.
D.
Allocation of Facilities
1.
2. In the event of facility limitations, as
determined by staff, the following priority system will be utilized.
a. Recreation youth programs shall have priority
over youth competitive programs.
b. Competitive youth programs shall have
priority over adult programs.
c. Recreation adults have third priority for
usage.
d. Competitive adults have fourth priority.
e. High School sports have fifth priority for
usage on a hardship basis.
f. The Director of Parks and Recreation will
determine other schedule conflicts.
E.
Termination of Use Agreement
1. This Use Agreement may not be assigned or
transferred. The Department shall have
sole discretion to terminate the Use Agreement.
Termination may result from User's failure to abide by the terms set
forth in this agreement. In the event of
a breach of the Use Agreement, the Department shall try, if possible, to
give the User an opportunity to timely correct the default.
F.
Powers
The Director of Parks
and Recreation has the power to remove any organization, or individual not
abiding by this agreement or for conduct deemed inappropriate to the citizens
of
G.
Audit
The Department reserves
the right to perform an audit on any organization or league at any time.
H.
Amendment
This Use Agreement
constitutes the entire agreement between the town and the User. The Use Agreement can only be amended by a
written amendment executed by the Department and User.
I.
By-laws
The Department prior to
the institution of this agreement must approve by-laws and constitution of
leagues.
J.
Keys
User must pay for any
keys replaced. User must submit names of
individuals issued keys. User must turn
in keys to facilities within 30 days of end of this agreement. Cost to replace keys - $3 each. Cost to change tumblers - $10 each.
In witness whereof,
By:
_________________________
By:
_________________________
By:
_________________________
Users:
_______________________
By: _________________________
By: _________________________
By: _________________________
THE USERS AGREEMENT
MUST BE UPDATED AND AMENDED EACH YEAR.
THE PARKS AND
RECREATION DEPARTMENT HAS THE POWER TO REVOKE THE PRIVILEGES OF ANYONE FAILING
TO COMPLY WITH THE SIGNED AGREEMENT.