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HomeMy WebLinkAboutPacket - PRAB - 09-15-2016 (Packet)HOME OF ` M )N1% FSTABLISHFD 2006 MEETING MINUTES CITY OF MILTON PARKS AND RECREATION ADVISORY BOARD Thursday, September 15, 2015 11:30 AM Executive Conference Room, Milton City Hall CALL TO ORDER Meeting was called to order by Mr. Stachowski at 1 1:47am. ROLL CALL Roll call was taken by Mr. Stachowski. MEMBERS PRESENT Joey Costanzo Dave Shannon Sue Rekuc Phil Cranmer Ron Hill Scott Stachowski OTHERS PRESENT Jim Cregge, Parks and Recreation Director Tom McKlveen, Parks and Recreation Program Manager Quorum was announced by Mr. Stachowski. APPROVAL OF MEETING AGENDA A motion was made by Mrs. Rekuc and seconded by Mr. Hill to approve the agenda, moving unfinished business to the end of the meeting. The vote passed unanimously. APPROVAL OF PAST MINUTES A motion was made by Mrs. Rekuc to approve the minutes from the previous meeting. It was seconded by Mr. Cranmer. The motion passed unanimously. 00 You *** PHONE: 678.242.25001 FAX: 678.242.2499 r reen ; cCns.•� ; �N°° info@cityofmiltonga.us I www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 September 15, 2016 PRAB Minutes PUBLIC COMMENT None COMMITTEE REPORTS 1. Hopewell Baseball: Fall season is up 60 participants UNFINISHED BUSINESS 1. Changes and updates to Youth Athletic Association Manual/Agreement. This will be handled by city staff. NEW BUSINESS 1. Research potential changes to facility rental fees a. Moved to unfinished business for next month's meeting 2. Waiving fees for non-profit charities: Advisory Board has recommended moving requests to City Counsel. Motion made by Mrs. Rekuc. The motion was seconded by Mr. Cranmer. The motion was approved by a unanimous vote. 3. IGA Field Analysis a. Staff has put together data showing field usage, and costs to utilize the Fulton County school fields. CITY STAFF REPORTS AND COMMUNICATIONS l . Diamond View- A product designed to interweave with fences for parents and other spectators to take pictures and watch without fencing to distract view. 2. Walls of Fame and Champions Wall- Almost complete 3. Field 5 at Bell Memorial Park- Drainage issues in the outfield. The water runoff is creating channels of water through the warning track of the baseball field. 4. Partner Program Updates- Lacrosse registration and baseball registration have risen. Other sports are not confirmed at this time. 5. Providence Park- a. Clean up is in progress b. Public Works/Parks & Recreation intern is leading the way making trails c. Some bridges will be closed upon opening of park d. Working to open the park in October September 15, 2016 PRAB Minutes 6. Program Partner Meeting a. Meeting to be setup in November to set time limits for contracts, and get feedback on current contract OTHER 1. None ADJOURNMENT Motion made to adjourn by Mr. Cranmer. The motion was seconded by Mr. Hill. The motion was approved by a unanimous vote. The meeting ended at 1:16pm. HOME OF ` INA 11 1()Ni% ESTM;[ [SVIED 2006 Parks and Recreation Advisory Board Agenda 11:30 a.m., Thursday, September 15, 2016 Council Chambers, Milton City Hall Call to Order and Roll Call II. Pledge of Allegiance III. Approval of Meeting Agenda IV. Approval of Minutes from the June 16, 2016 meeting V. Public Comment - Public comment is a time for citizens to share information with the PRAB and to provide input and opinions on any matter that is not scheduled for its own public hearing during today's meeting. VI. Committee Reports a. Hopewell Baseball - Stachowski VII. Unfinished Business a. Review of Youth Athletic Association Document VIII. New Business a. Discussion on Possible Fee Changes for Rentals b. IGA Analysis IX. City Staff Reports and Communications a. Providence Park Update - Cregge b. Partner Meeting - Cregge c. Bell Park Improvements - Cregge - Diamond View - Walls of Fame - Field 5 d. Fall Programming - McKlveen X. Other Business XI. Adjournment - Next Meeting Date: October 20, 2016 You 3'`,...�. PHONE: 678.242.25001 FAX: 678.242.2499 -Green I *certified* info@cityofmiltonga.us I www.cityofmiltonga.us Community Ethicf LNtlnp r. W y fo susl.. T, L 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -- CERTIFIED BRONZE a,�OLLL HOME OF ' M1_1 1()NI FSTAM ISHFD 2006 MEETING MINUTES CITY OF MILTON PARKS AND RECREATION ADVISORY BOARD Thursday, July 14, 2016 11:30 AM Executive Conference Room, Milton City Hall CALL TO ORDER Meeting was called to order by Mr. Stachowski at 1 1:37 AM. ROLL CALL Roll call was taken by Mr. Stachowski. MEMBERS PRESENT Joey Costanzo Dave Shannon Scott Stachowski Phil Cranmer Van Kottis (arrived 12:02 pm) OTHERS PRESENT Jim Cregge, Parks and Recreation Director Quorum was announced by Mr. Stachowski. APPROVAL OF MEETING AGENDA Motion was made by Mr. Shannon to change the order on the agenda to move the playground presentation to the beginning of meeting. In addition, there was an addition to add a presentation by Mr. Carter Lucas to the agenda. It was seconded by Mr. Cranmer. The vote passed unanimously. You *** PHONE: 678.242.25001 FAX: 678.242.2499 ® Green *c�n�e* ��u.rn.irr �""�"r infoC�cityofmiltonga.us 1 www.cityofmiltonga.us Communit y�h�` 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 e July 14, 2016 PRAB Minutes APPROVAL OF PAST MINUTES A motion was made by Mr. Shannon to approve the minutes from the previous meeting. It was seconded by Mr. Cranmer. The motion passed unanimously. PUBLIC COMMENT None CHILDREN'S CHARITIES - Amanda White and Lauren Holmes l . Children's Charities is a non-profit group serving the North Fulton and South Forsyth community. They have a goal of bringing a fully funded all accessible playground to Milton. 2. The focus is to allow children of all abilities to be able to play at this new playground. They will need the City to donate the land. One possible location was Providence Park. 3. Timeframe is important as we intend to seek public comment in March on Providence Park. That would lead to the development of a master plan which could lead to the City being able to commit space for the play area with Children's Charities. 4. A motion was made by Mr. Shannon to continue working with Children's Charities to bring a play area to the City of Milton. The motion was seconded by Mr. Cranmer and was passed unanimously. PUBLIC WORKS REPORT - Carter Lucas, Public Works Director l . There is an application in process to pave the gravel roads on Black Oak Road in Milton. 2. The current ordinances call for the PRAB to rule on an appeal if it is denied by the City and the applicant wants to appeal. 3. New ordinances have since been approved, but this would still be a PRAB decision as this was submitted under the old ordinances. COMMITTEE REPORTS 1. Hopewell Baseball: HYA now has a new full board. They are new and getting up to speed. July 14, 2016 PRAB Minutes UNFINISHED BUSINESS 1. Mission Statement: changes were put forward by Mr. Stachowski. A motion to approve the changes to the vision and values was put forward by Mr. Kottis. It was seconded by Mr. Cranmer. The vote was unanimous. NEW BUSINESS 1. Fee Changes- Program Partner Commissions. The advisory board was given the projected revenue based on previous program numbers. They were shown the revenue at 30%, 20% & 15%. A motion was made by Mr. Shannon to move the commission down to 15% for all programs. Non- resident fees would be 50% with a $90 cap on those fees. It was seconded by Mr. Kottis. The vote passed unanimously. 2. Bethwell Community Center - Discussion on new program ideas. The Yoga program has closed down and it is currently empty except for the Better Together programming. Ideas were proposed to use it for Chess Programming or for small rock band practice. Staff will look into this. 3. Youth Athletic Association Document Review - All PRAB members were asked to review and suggest changes for the August meeting. CITY STAFF REPORTS AND COMMUNICATIONS l . Camp Joyful Soles: Registration for week 6 of Camp Joyful Soles reached a new record when we maxed out our capacity and could take no more registrations. OTHER 1. None ADJOURNMENT A motion was made to adjourn by Mr. Shannon. The motion was seconded by Mr. Kottis. The motion was approved by a unanimous vote. The meeting ended at 12:57 PM. D1pMwW DiamondView is the way to get you in to the game! While coaching their sons' youth baseball team, the founders of DiamondView Products developed the idea to enhance the youth baseball and softball experience by making it better and safer for everyone: DiamondView allows your fans unprecedented access to all of the action from a safe vantage point DiamondView Is the solution to raise much needed funds for your parks and recreation system's bottom line DiamondView is the most effective advertising tool in the park because it is up close and personal. Banners placed on the outfield fences may be overlooked, but DiamondView is front and center, ready to introduce your future patrons to your product or business. DIAMONDVIEW GETS YOU INTO THE GAME! DIAMONDVIEW: AN ADVERTISER'S PERSPECTIVE ♦ DiamondView has a much lower point of entry for advertising in your local park. Typically a business has a 2'x4' banner printed at a cost usually beginning around $150. To then have the banner displayed, a donation is generally required to be paid to the park or athletic association to be displayed in the outfield or along the fences past the dugout. Our low annual cost, plus a modest, one time setup fee allows you to stretch your advertising dollar. A portion of each advertisement goes directly to the park in which you advertise. ♦ Each DiamondView can be custom designed to showcase your business to include photos, logos, QR codes, coupons and loyalty program links to customize the information you want them to know about you. DiamondView is in the most prominent place in the park: directly in front of your potential clients. They may not pay attention to a banner in the outfield, but they will see your advertisement up close and personal. Every time they use a DiamondView, they will see your business highlighted right before their eyes, giving you greater exposure for less capital expenditure. Enhanced visibility, less cost. That's DiamondView! DIAMONDVIEW PRODUCT INSTALLATION Your new DiamondView will be professionally installed by factory trained technicians in as little as 20 minutes per DiamondView. Optimum placement is determined for each DiamondView to be installed. Height viewing angles and distances from supporting fence poles are factored in to give your fans and advertisers the best viewing experience possible. ♦ The chain link fencing is opened just enough to install the DiamondView using our industry standard process to permanently affix it to the fence. All ends from the cut wires are rounded and protected from the elements. They are then neatly installed around the perimeter of your new DiamondView for strength and durability. Weatherproof advertising is then affixed to the DiamondView to enhance your patron's visit to your park for all to enjoy. HOME OF 'I Sl I C, I F YOUTH ATHLETIC ASSOCIATION ORGANIZATIONAL REQUIREMENTS MANUAL AND FACILITY USE AGREEMENT � i n` ��� fir- N �� TABLE OF CONTENTS PAGE: Department Mission and Philosophy Legal and Organizational Requirements 4-11 Requirements of Associations 12-19 City and Park Ordinances 20-21 Park/Facility Regulations 22 Recreation and Parks Personnel/Contact Information 23 City of Milton Accident/Incident Report Form 24 Facility Use Agreement 25-29 i"el f DEPARTMENT MISSION AND PHILOSOPHY The City of Milton Parks and Recreation Department is committed to providing quality programs and the promotion of healthy activities for all residents. We welcome non-residents who wish to participate in our programming. Our primary focus is on recreation level activities with limited opportunities for advanced levels of play, provided that it does not come at the expense of a recreation level activity. In all programs, the recreation level activities will be the first priority for field usage. Associations and the leaders of these Associations are expected to understand and promote the mission and philosophy of the City of Milton to serve the citizens of Milton. Association members are ambassadors for the City as well as their affiliate Association. While serving as a volunteer for the Association, members are expected to conduct themselves in an ethical and professional manner. LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a Youth Athletic Association ("Association") and to operate on City of Milton ("City") property, each Association must adhere to certain minimum legal and organizational requirements. These requirements are a part of the Facility Use Agreement which must be signed by each Association prior to the operation of any activity on City property. These requirements are necessary in order to insure the safety and well-being of all participating Associations. r , 11 u ;I IYu `i �a,-1 % c I P.,,^ The signing of the Facility Use Agreement indicates the Association's assumption of the financial responsibility for the program, as well as the management of the program participants and volunteers. The City will not be held responsible for the finances or the program management. Violation of the above mentioned responsibilities constitutes cause for the revocation of the agreement. The requirements are as follows: 1- CORPORATE REGISTRATION Each Association must be a federally registered 501(c)3 non-profit organization and licensed to operate in the State of Georgia. Proof of the current registration status must be on file with Milton Parks and Recreation Department ("Department"). 2- BYLAWS Associations shall furnish a current copy of their by-laws to the Department. By-laws must be on file or submitted with the signed Facility Use Agreement. 3- MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA On November 5, 2012, the City Councils of Milton and Alpharetta entered into a Memorandum of Understanding ("MOU") for recreation and parks programs. The purpose of the MOU is to take an initial step to foster a long-term mutually beneficial relationship between Milton and Alpharetta as it relates to parks and recreation programs and services as a way to better serve the cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. In exchange for an annual payment from the City of Milton to the City of Alpharetta, Alpharetta residents shall be allowed to register for all Milton recreation programs and affiliated Association programs, and rent facilities and shall pay the same fees as Milton residents, provided space is available. Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. City residents who participate in Milton/Alpharetta recreation programs shall be considered residents of that City for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated youth athletic association board member resident composition requirements. The privileges of advanced registration and the same fee structure for recreation and parks programs for City of Milton and City of Alpharetta residents shall be in effect for the duration of the Memorandum of Understanding between the Cities. For these guidelines, the word "Resident" shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4- ELECTION OF OFFICERS The Board of Directors ("Board") shall be the governing body of each Association for the operation of the affairs of the Association as documented in the bylaws. Each Association board must be comprised of a majority of Residents upon election or appointment, and each Association should strive to achieve a minimum of sixty percent (60%) Residents on the Board. The Board of Directors must be elected annually or as mandated by the Association's by-laws, but no less than once every two years, by the Association membership. A Department employee and a member of Milton Parks and Recreation Advisory Board ("PRAB") must be notified of and invited to attend all Board meetings. The Department Director will appoint the employee liaison to the Board. The Chairman of the PRAB will appoint the PRAB liaison(s) to the Board on an annual basis. Open advertised election of the Board is mandatory. All members of the Association as defined by the bylaws shall have the opportunity to vote. A notice of upcoming elections must be sent to the Department, and shall be posted on the Association website at least thirty (30) days prior to the elections. Associations are encouraged to email notice of elections to all participant families and to post flyers at the park. Elections should be held in an easily accessible central location when there are normal Association activities scheduled at the park to provide the best opportunity for members to vote. Associations are also encouraged to provide a process for members to vote electronically. To serve as a member of the Association executive committee, a candidate must have a child actively participating in the Association program at the time of the elections. The Association must furnish a list of all elected board members, addresses, email addresses, telephone numbers (home and office) to the Department no later than one month after the elections. City will verify residency and notify PRAB liaison of City resident percentage of newly elected board. 5- ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Association must provide copies of meeting minutes from Association membership and board meetings to Association members and City. It is recommended that meeting minutes be posted on the Association website. Each Association must schedule a minimum of one (1) annual membership meeting. This meeting shall be for the purpose of electing board members, and any other necessary business. Efforts must be made to contact all members, and the Department must be notified of the meeting. Notice of said meeting must be posted at Department facilities and on the Association website two weeks prior to meeting date. 6- CAPACITY PLAN A projection of the field space requirements must be submitted to the Department at least ninety (90) days prior to the start of registration for a season. Extra facility space is not available through the City. The Association may seek to utilize facility space at other non -City locations. The Association is financially responsible for field usage fees at non - City locations if applicable. Field time not used by the Association reverts to the City for use as needed. 7- FINANCIAL REPORTS 6(—G A7� The Official Code of Georgia Annotated requires all corporate minutes and books of account be held open for inspection by any member of the Association at any reasonabie time. The City assumes no responsibility for the financial well-being or outstanding debts '7 of Associations. Each Association must provide the City with an annual financial "V Statement to include a summary of operating income and expenses, capital expenditures, registration fees charged to participants, Federal and State tax returns, and profit and loss statement. 8- LIABILITY INSURANCE COVERAGE 8.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 8.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 8.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Provider shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The Provider shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 8.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate Association shall have its insurer name the City of Milton as an additional insured on its General Liability policy. 8.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the Association shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the Association. The Association and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation B. Employer's Liability Statutory $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If Association or its subcontractor claims to be exempt from this requirement, Association shall provide City proof of such exemption along with a written request for City to exempt Association, written on Association or subcontractor's letterhead. n` 8.6 Association shall also maintain Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 9- PARTICIPATION REPORTS All Associations are required to submit a list of registered players to the Department no later than thirty (30) calendar days after the end of the established program registration period. The list shall be provided in an electronic format (i.e. Microsoft Excel) and shall include each player's name, street address, city, zip code and email address. The Department will use the list to verify the resident status of registered players and shall not use the list to promote Department programs, without prior consent of the Association. After the City has verified residency of participants, the City will issue an invoice to the Association for non-resident fees payable to the City. NOTE: It is imperative that participation information be sent to the Department as soon as possible in order for Department to verify addresses. Association may send participant information at any time during their registration period for Department to check residency status of participants. 10- REGISTRATION Associations are encouraged to provide registration dates to the Department in time for inclusion in the City website and promotional activity. The City provides a link to Association websites at www.cilyofmiltonga.us Associations must notify City of any web address changes. I I- RETURNING PLAYER/CITY RESIDENT REGISTRATION Per the terms of the MOU between the cities of Milton and Alpharetta, the City has implemented a three -tiered registration process. Associations must adhere to this registration process as outlined in this document as long as the MOU is in effect. "Priority Registration" is the first registration period. "Priority Registration" is defined as registration for all City of Milton residents as well as City of Alpharetta residents who are eligible as "returning" participants to re -enroll into the program they participated in during the most recent season of activities provided space is available. The second registration period, "City of Alpharetta Registration," begins two weeks after Priority Registration begins. During "City of Alpharetta Registration," all City of Milton and City of Alpharetta residents are eligible to register for programs provided space is available. The third registration period, "Open Registration," begins four weeks after Priority Registration begins. During "Open Registration," anyone is eligible to register for programs provided space is available. 12- CITY RESIDENCY REQUIREMENT FOR TRAVEL/SELECT/ELITE TEAMS The mission of the Department is to provide quality programs and the promotion of healthy activities for all residents. Limited advanced level programs are permitted to provide higher level athletic competition for young people. Residency requirement guidelines ensure that travel/select/elite/feeder teams are formed in the best interest of the City resident participants. These guidelines also ensure that City residents are fairly represented on these teams, City assets and resources are utilized in the best interest of City resident participants, and to foster long-term success of the Association's competitive youth athletic program. GUIDELINES: 1 A. Open, advertised tryouts must be held prior to team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. Per the terms of the MOU, effective December 1, 2012, City of Alpharetta residents who participate in Milton recreation programs shall be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. 7. # C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. ��• Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is %Z 6 formed, but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any abuse of these guidelines or the intent of these guidelines may result in punitive l�• action, up to and including immediate dissolution of a team. Associations are limited to one advanced level (feeder, select, elite or travel) team per age Z • group. Associations may also form up to two all-star teams per age group provided 100% of the members on the all-star team participated in the recreation level of the sport in the season that immediately preceded the creation of the All -Star team. 13- FACILITY USE - RESTRICTIONS Each Association is organized to provide league play for youth, including player evaluations, pre -season player and coach clinics, league practices, scrimmages, games, and post -season tournaments. All field use shall be coordinated with the Department ninety (90) days prior the start of the season. Hosting of camps and tournaments involving participants from outside the association's own program along with participants in the Association's own program is allowed, but requires coordination with and written consent of the Department. Associations must seek approval from the City to host outside camps and tournaments at the parks at least ninety (90) days prior the proposed event. Field rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The Association is specifically not permitted to sublet facilities to any individual or organization. The Association's Facility Use Agreement is for the Association's own use. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual facility use agreement. The City will provide two storage buildings for use by the Associations. The city will designate which Associations get assigned to each building. Sharing storage space with another Association is expected. These storage buildings are not the property of the Associations. Each Association is expected to work together in their shared space, keep the facility neat and clean, and keep the facility secured. Failure to do so may result in expulsion from the storage facility. 14- CAPITAL IMPROVEMENTS Capital improvements may be suggested by the Association for budgetary consideration. Financial partnerships (50150) between the Associations and the Department for mutually agreed upon projects are encouraged. 15- CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Association by-laws • Board structure and composition • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case -by -case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the Association to implement the substantial change. The approval levels are noted as follows: a. Association Board and members only b. Department Director or his/her designee c. Milton Recreation PRAB d. Milton Mayor and City Council 10 16- SPONSORSHIPS/ADVERTISING Associations are allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for Associations to assist the City in funding capital projects benefitting the parks and facilities they use. Associations are not permitted to obtain sponsorships, including direct financial aid and/or in -kind donations, from any religious organization, individuals, and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). r Details of how sponsorship opportunities may be implemented will be handled as an addendum to this agreement when those details are worked out. AW 45;7'�" 07-sky 9^aJ EN(s g(1k4a\Ce . . REQUIREMENTS OF ASSOCIATIONS 1- FACILITY USE AGREEMENT Any Association operating on City property must sign the City's Facility Use Agreement, attached hereto, prior to the start of the calendar year. The agreement is issued on an annual basis, and specifically identifies the facilities to be used by the Association and the terms of that use. Adherence to all policies and procedures in this manual is considered part of the Facility Use Agreement. The City retains the right to change these guidelines and policies at any time, without advance notice, as it deems appropriate. Any changes will be communicated to the Association within five (5) business days after the change has been made and approved. With respect to renewal of this agreement, any Association currently holding a Facility Use Agreement will receive priority, unless the City has reason to revoke the agreement. Facilities not in use will be distributed on a first come first served basis. 2- COACH CERTIFICATION AND TRAINING Association must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, National Cheerleading Association. The Association may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Department. I-V Lh 7 In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants complete all legally mandated training programs before being permitted to coach a team. Association must provide documentation of such training to the City as required by the current City Policy. • Concussion Awareness Training °�• Mandatory Child Abuse Reporting Requirement �• Weather Policies and Procedures `' • Heat and Hydration Guidelines �° • Cold Weather Policy 3- SELECTION OF COACHES Associations are responsible to select qualified coaches for their program. Each Association shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 4- FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 12 Registration Fees All registration fees shall be fair and equitable to all participants. Associations shall communicate to participants what the registration fee covers, including the anticipated C� number of practices and games per season. Registration fees shall be derived from �U ��' predicted costs to operate the program, to fund Association operations, to fund City commissions and to fund park capital improvements (current and future) that mutually benefit the City and Association. Registration fees shall include the total cost of operating the association's program to include but not limited to; cost of uniforms, player awards, umpires/officials, equipment 1 r for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. Non -Resident Fees All program participants who reside outside the city limits of Milton and Alpharetta will be assessed a non-resident fee. Association shall pay the City non-resident fees for each Association non-resident participant in their program. This fee shall be paid for each athletic season held each year (fall, winter, spring, and/or summer), and must be paid to 10 the City no later than thirty (30) days after the invoice is sent. Association non-resident fees shall be calculated at 50% more than the resident registration fee. The Association will be responsible for the determination of city residence during the registration period. Within two weeks after receiving the Association's participation list with addresses, the Department will verify player residency and submit an invoice to the Association. The programs commission and non-resident fee will be paid directly to the City of Milton based on the Department's verification of player residency. The Association is responsible for remitting non-resident fees for all non -City participants, regardless of whether or not it was collected by the Association. City of Milton employees and their immediate family members, regardless of where they reside, are considered Residents and may register during the Resident registration period. Non-resident fees are waived for these participants. Associations should contact the Department to verify employee status. Scholarships The Association should make available a reasonable number of scholarships for participants requiring assistance. The Association shall determine the eligibility criteria for scholarship recipients and shall determine whether or not to charge non-resident fees to scholarship recipients. Regardless, the Association is responsible to pay the City non- resident fees for non-resident scholarship recipients to the City. Admission Fees Associations are not allowed to require an admission fee to any normal association play. Admission fees may be collected for tournament play or other special events, upon approval of the Department. The Association must submit a letter of request in order to have an admission fee request approved. 13 5- PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department prior to the beginning of use of any City facility. This includes tryout dates, practice schedules, opening ceremonies, game schedules, special events such as player clinics, all forms of advanced level teams' schedules, etc. These schedules should be submitted ninety (90) days prior to the beginning of any program. Facility use outside the scope of the Facility Use Agreement must be requested through the Department and is not guaranteed. 6 SAFETY/ACCIDENT PREVENTION Associations are responsible for operating their programs in a safe and effective manner. All fields, equipment and other facilities should be inspected before each use. Associations should have an adequate number of adults present at each scheduled activity to supervise the participants from the outset to the close of the program. League officials are responsible for insuring that all programs are operated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 7 DISCRIMINATION Associations must provide equal opportunity without regard to race, color, religion, sex, national origin, age, veteran's status, and disability. Associations must comply with the Americans With Disabilities Act (ADA) of 1990 and provide reasonable accommodations to members of the public, if so requested, unless participation would create a risk to any participant. S MAINTENANCE/FACILITY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games. This includes game day facility preparation, grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday. The multi -use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 9 WEATHER POLICIES The Department will determine if fields are playable. Associations will be notified as early as possible if the fields are not playable. Associations are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Association is responsible for determining field playability. Associations are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. For the safety of all, the City of Milton uses a lightning detection system to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. - This is the signal to clear all fields, the dugouts and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. Associations that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe N ACC Temperature) is over 92 degrees. %now wdoV- w,,C "Cw% Associations that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to www.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Associations shall follow this procedure. 10 CONCESSIONS OPERATIONS Associations must comply with Fulton County Health Department regulations for concessions operations. All beverage products that are sold must be purchased under the terms of the City's beverage provider contract. Failure to adhere to the terms of the City's beverage provider contract may result in termination of the facility use agreement. The City shall ensure that Associations maintain contact with the City's beverage products' representative. VeC4;?- Details of concession operations will be addressed in the future as an addendum to this document. 7 fF 11 RESTROOMS Associations are encouraged to inspect the restrooms and report any deficiencies to the City. The City is responsible for the supply of paper products and general maintenance that may occur. 12 SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing and locking of all buildings, the turning off of all lights and scoreboards, and ensuring all necessary gates are closed and secured. Association board members and coaches are asked to turn off lights and scoreboards immediately following the last practice or game of the night. Pending the completion of the park renovation, this item may be subject to modification under an addendum. K 13 INCIDENTS INVOLVING VANDALISM AND ACCIDENT OR INJURY Vandalism must be reported to the Police Department immediately by calling 911. The Association must report damage to City of Milton facilities or buildings to the ;42- 6t� Department immediately. If damage is a result of the Association's negligence or failure C to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the City for all or part of the repair cost. 14 SCOREBOARDS AND CONTROLLERS Scoreboard control boxes may be used under the following guidelines: a. The Association President must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The Association shall be responsible for the cost of repairs or replacement of any lost or damaged score board controllers due to negligence; e. Scoreboard controllers must be stored at the park in the concession or designated storage area; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The Association must turn scoreboards off each evening at the conclusion of activities and assure that scoreboards are off on fields not in use. A monetary penalty may be assessed against the Association for scoreboards left on unnecessarily. There is a constant expense associated with scoreboards that requires constant management by the Association. 15 DAMAGE TO TURF GRASS If damage to the turf grass occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions) by the Association, the City will require the Association to purchase replacement sod and incur 16 any other cost necessary to repair the damaged area and to make the playing fields safe. The Department will determine sod renovation needs. 16 METAL CLEATS The use of any form of metal cleats is strictly prohibited on the synthetic turf fields. The Association will be held accountable for the cost of repairs of any damaged artificial turf. 17 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the park that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 18 PUBLICITY Associations should regularly provide the Department with information on activities which the Association wishes for the City to promote. The Department will review information and notify Association within five (5) business days if any changes need to be made in order to comply with established guidelines. The use of social media which the City can share on social media is strongly encouraged. The Department must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited. sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult booklvideo stores, adult entertainment establishments, massage parlors, pawnshops, and tattoo parlors or shops. The Department will provide links to Association websites on the City's website. The City will help with the marketing of registration information. City may send news releases to local media outlets; include information in the e-newsletter and Facebook page, etc. The City will not pay for Association advertising, flyers, mailings, etc. The links and all promotional media provided to the City, by the Association, must be to promote only those programs for which the City is a partner. If an Association is running any activities that are not formally sanctioned by the City, those activities cannot be on the website that the City's promotional activity will point to. 19 PUBLIC USE OF FIELDS The Facility Use Agreement applies only to organized league play for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come first serve basis, or may be rented by the Department to outside groups in accordance with the established City policies. The City will not rent facilities to teams and programs that compete with the City's partner Associations. 17 20 ACCIDENTANCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the accident/incident. Md iJ . Any and all accidents/incidents must be reported. 21 PARTICIPANT EVALUATIONS All participants in Association programs must be given an opportunity to complete a participant evaluation at the conclusion of each athletic season in which he/she participated. The evaluation should include questions pertaining to the administration and organization of the program (i.e. ease of registration, quality of the coaches, program structure, program content, etc.), and the condition and appearance of the Department facilities. The Association should ask participants for comments and suggestions to improve the program. A summary of participant evaluations should be prepared and distributed to the Department within two months at the end of each season. Upon request, the Association must make completed participant evaluations available to the Department. City reserves the right to conduct independent participant surveys. 22 BACKGROUND CHECK - VOLUNTEERS All Association board members and any individual who wants to coach a youth team shall go through the a criminal history background check once per calendar year. All background checks must be performed in accordance with the established City policy. 23 BACKGROUND CHECK — OFFICIALS AND UMPIRES Each Association who has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires 18 years of age and older who will be scheduled to officiate at Association activities complete a criminal history background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. 24 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1176 changed the definition of "child service organization personnel" to include volunteers. 18 The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate Ct in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 1�^ 25 CONCUSSION AWARENESS POLICIES AND PROCEDURES O.C.G.A. § 20-2-324. A requires agencies to educate youth athletes and their parents on the dangers of concussions in youth athletic activities. The Georgia Department of Public Health is referring everyone to the "Heads Up — Concussion in Youth Sports" program offered by the CDC. The following is a link to the program: http://www.cdc.gov/concussion/HeadsUp/online training.html. It is the policy of the Department to educate coaches, referees, employees, instructors of at -risk activities, trainers, parents, and participants of the signs, symptoms and behaviors consistent with sports- and activity -induced concussions. Further, the Department requires that any participant, under the age of 18, suspected of a concussion or head injury must be removed from the activity and it is recommended that the participant be examined by a licensed health care provider. If a participant is deemed by a licensed health care provider to have sustained a concussion, Department personnel or other designated personnel (coaches, referees, instructors of at -risk activities, trainers, and parents) shall not permit the participant to return to play until he or she receives documented clearance from a licensed health care provider for a full or graduated return to play. In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 19 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike, or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business, (g) Noises. It shall be unlawful for any person to make any unnecessary, Ioud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 20 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. 0) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014) vkJs? 04w jvvc� 21 PARK/FACILITY REGULATIONS 1. Associations conducting youth activities on City facilities must have an appropriate amount of adults supervising the activities conducted by the Association from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of an organization must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of this agreement. All Associations are encouraged to enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event. 3. The park belongs to all of the residents of Milton. The Associations are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Association is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Association representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. bicycles, roller blades, skateboards, etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department — 678-242-2489 or jim.cregge@cityofmiltonga.us 22 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CYSA 678-242-2489 iim.cre!4,-, e c@cityofmilton a.us Recreation Program Coordinator Tom Gilliam, CYSA 678-242-2519 tow.=illiam-u cit-y-ofiniltone 23 MT rT-b �r City of Milton Accident / Incident Report Form Date of accidentlincident Facility where accidentlincident occurred Specific location of accident/incident within the facility Number of persons involved Police notified Time of accidentlincident _Y _N EMS notified _Y `N Information on persons involved in the accident/incident: NAME (please print) PHONE Under the age of 18 Day: Evening: Day: -.Evening: 17- Day: Evenin Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evening: Day: Evening: Day: Evenin ACCIDENTANCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment Y N **Photos of accident/incident site taken _ Y �_N Person completing form (Print name) Person completing form Day phone Signature Date Evening phone ** Take photographs of the accidentlincidetit site as soon as practical but within 24 hours of the accident/incident Fax or email completed form to Department Director at 678-242-2499 or iim.cregge(a,cityofmiltonga.us 24 FACILITY USE AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and a Georgia non-profit corporation called the "Association." Witnesseth : In consideration of the mutual agreements contained in this document, the City and Association agree as follows: 1. The Association agrees to provide a youth sports program (organized league play), to wit [IDENTIFY SPECIFIC YOUTH SPORTS PROGRAM] as a service for the City in accordance with all policies and procedures for youth sports associations operating on City property including the Youth Athletic Association Facility Organizational Requirements Manual to which this Agreement is attached. 2. The term of this agreement will begin and continue through . A new agreement must be signed for each calendar year. 3. The City agrees to authorize the Association to use fields and facilities as listed below at park. The agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, etc.) for approved league play unless otherwise specified. FROM DATES: AM/PM TO AM/PM FIELD 4. In consideratio 4 r the usa a of the facilities, the Association agrees to a direct payment to the City of /S! % commission on all registration fees and 100% of all applicable non- ees. w� qd, CCL eo�+,&Tw-4 5. In addition, the Association voluntarily agrees to pay the following fees affiliated with their program: 6. The Association agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 7. Association shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Association without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 8. Failure of the City to insist upon strict performance of any term or condition of this agreement shall not be a waiver of any right or remedy the City may have, and shall not be a waiver of any subsequent breach of terns or conditions. 25 9. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 10. It is agreed and understood that the Association shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the willful or negligent acts, errors, or omissions of the Association or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the Association's responsibility to indemnify. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Youth Athletic Association Organizational Requirements Manual. 11. This agreement may be modified only by a written agreement between the City and the Association. 12. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent Association. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Association is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Association agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Association and the City and the City will not be liable for any obligation incurred by Association, including but not limited to unpaid minimum wages or overtime premiums. B. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 26 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ASSOCIATION NAME: ADDRESS: CITY/STATE/ZIP: PHONE:_ WEBSITE: EMAIL: CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 678-242-2489 www.ciiyofmiltonga.us jim.cregge(&.cityofmilton a.us 15. It is agreed between the City and the Association that this agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 17. The Association shall not have the right to assign the interest it holds in this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Association may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Association agrees to adhere to all relevant City policies and procedures (including, but not limited to the City's Youth Athletic Association Organizational Requirements Manual) in effect as of the date of this Agreement (which policies and procedures the Association has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 21. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 27 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and/or the City's Youth Athletic Association Organizational Requirements Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Association acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Association under this Facility Use Agreement were funded by the taxpayers of the City and are owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Association is subject to the Open Records and Open Meeting laws of the state of Georgia. The Association agrees to comply with those laws. To the extent that the Association is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Association further agrees that all books and records of the Association shall be made available to the City of Milton as and when requested for review or audit. 24. City shall have the right to terminate this Agreement upon failure of Association to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Association with a written notice specifying Association's failure to perform, and providing Association with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Association fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Association. Association shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Association. Prior to exercising this right of termination, Association shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Association, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Association shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 28 I hereby acknowledge and understand that the Association, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City's Youth Athletic Association Organizational Requirements Manual to which this agreement is attached. I understand that failure of the Association or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ASSOCIATION: CITY: By: By: President Joe Lockwood Name (Typed or Printed) City Attorney Date Attest: Secretary Name (Typed or Printed) Date [AFFIX CORPORATE SEAL) Mayor, City of Milton APPROVED AS TO FORM: Date 29 ADDENDUM TO FACILITY USE AGREEMENT WHEREAS, the City of Milton, Georgia (the "City") and NFL Youth Football League, Inc. ("NFL YFL") desire to modify that Facility Use Agreement (the "Agreement") dated the day of , 2016, to which this Addendum is attached. NOW THEREFORE, the parties hereto agree to amend the Agreement, including modifications to the Youth Athletic Association Organization Requirements Manual (the "Manual'), as follows: 1. Manual Legal and Organizational Requirements Item 4: This provision is applicable only to the Advisory Board of the NFL YFL that administers the tackle and flag football programs. The parties recognize that other entities under the NFL YFL umbrella conduct activities that are not sanctioned by the City of Milton and therefore not bound by this requirement. Also, the sentence "A Department employee and a member of Milton Parks and Recreation Advisory Board ("PRAB") must be notified of and invited to attend all Board meetings." Is amended to read "A member of the Milton Parks and Recreation Advisory Board ("PRAB") will be offered an invitation to attend the associations meetings as a guest, not as a member of the board." Manual Association Requirement Item 2: USA Football is added to the list of approved coaching certification clinics. Manual Association Requirement Item 4: The fees for uniforms are not considered part of the registration fee. Manual Association Requirement Item 4 (Scholarships): The following statement is added: Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the out of City payment that would have been collected on a full registration is due to the City of Milton. Manual Association Requirement Item 9: The weather policy is amended to permit play to continue up to the point that the temperature drops to 20 degrees Fahrenheit. Should the temperature drop below 20 degrees Fahrenheit, the activity will be immediately stopped without regard to the status of the activity. Manual Association Requirement Item 10: The NFL-YFL program is permitted to go straight to an open registration period due to the short timeframe available to run registration. Agreement Item 3: The NFL YFL program will have use of the designated field for scheduled activities on Mondays through Fridays from 5:00 PM to 10:00 PM, Saturdays from 9:00 AM to 10:00 PM and Sundays from 1:00 PM to 8:00 PM during the calendar period that Football is authorized on the designated field. Unscheduled time reverts immediately back to the City of Milton for any usage designated by the City. 21 2. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all un-amended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Addendum shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: NFL YOUTH FOOTBALL LEAGUE, INC.: By: Tim Lester, President Attest: Natalie Lester, Secretary [AFFIX CORPORATE SEAL] CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] I ADDENDUM TO FACILITY USE AGREEMENT WHEREAS, the City of Milton, Georgia (the "City") and the Hopewell Youth Association, Inc. ("HYA") desire to modify that Facility Use Agreement (the "Agreement") dated the day of , 2015, to which this Addendum is attached. NOW THEREFORE, the parties hereto agree to amend the Agreement, including modifications to the Youth Athletic Association Organization Requirements Manual (the "Manual"), as follows: 1. Manual Legal and Organizational Requirements Item 12: The provision which states that "...Associations are limited to one advanced level team per age group." Is modified to say "The HYA is limited to no more than three (3) advanced level teams per age group and the second and third team in any age group must be pre -approved by the Director of Parks and Recreation prior to being formed.". Manual Association Requirement Item 8: The provision under Maintenance/Facility Upkeep which states "...Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday." is modified to say ..." Parks Services staff will not prepare the grass baseball fields on a Sunday." Manual Association Requirement Item 9: The weather policy is amended to match the existing Cold Weather Policy of the HYA, which states that "...if the official Milton, GA temperature as measured by www.weather.com is 42 degrees OR LESS, ONE hour Before a Practice or Game Time, those Practices or Games will be Delayed or Cancelled..." Agreement Item 3: The HYA program will have use of the designated field for scheduled activities on Mondays through Fridays from 5:00 PM to 10:00 PM, Saturdays from 8:00 AM to 10:00 PM and Sundays from 9:00 AM to 8:00 PM during the calendar period that Baseball is authorized on the designated field. Unscheduled time reverts immediately back to the City of Milton for any usage designated by the City. In addition, HYA receives non-exclusive use of the baseball field at Hopewell Middle School during daylight hours that the City has operating authority of the field (as compared to the time that the Fulton County Board of Education has operating authority of the field). All field use of the Hopewell Middle School Field must be separately coordinated with the Director of Parks and Recreation. 2. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Addendum shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE]