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2020 Youth Baseball Program PARKS & RECREATION DEPARTMENT City of Telephone: (785) 833-2260 Travis Scheele, Recreation Superintendent Direct: (785) 833-8308 Salina Fieldhouse ''.441111111. Fax: (785) 833-2234 140 N 5thtravis.scheeleOsalina.orq Salina, Kansas 67402-0736 Salina www.salinafieldhouse.com MEMORANDUM DATE: September 15, 2020 TO: Mike Schrage CC: Chris Cotten, Jeff Hammond FROM: Travis Scheele, Recreation Superintendent SUBJECT: Youth Baseball Program With part-time staff and programming placed on hold for 2020, the Salina Parks & Recreation did not offer the traditional youth baseball/softball summer league. As a result, International Fastpitch Association (IFA) stepped up to the plate to offer the league and tournaments throughout the summer. In extension, Kelly Kitchener, associated with SK Sports, is offering a fall drop-in baseball program for boys still interested playing baseball during the fall and eliminate travel to Wichita. Sessions are held on Sundays in September and October at Bill Burke Fields #7 & #8. City Commission adopted a user agreement with insurance requirements allowing user groups/tournament directors to utilize City of Salina athletic facilities for the remaining term of 2020. Attached is the completed and signed agreement with proof of insurance for the SK Sports program. AGREEMENT This Agreement is entered into on the latest date of execution shown on the signature pa�e bYandbetween_ the City of Salina, s.rK- as nff3`s"a.rY•s....r(the M ejr.li,r"eCeyiCt.' �"), an:d 3N9ni w , aFac „ a:rs yil�fnu:.'.,i 1eh.,`...t.}.!',/•—F fi_.._...>5.`aM.7 a rc .._a ("User"). • Recitals A. The Ci owns and operates the baseball and softball facilities known as y`� "&6 . i ri s `�� y, BX?j n i i�: :.�wc i4s' j,n°=�-rr',.�:..� i7��ri,x• r' �:axruu "adv�..srr.+�'�Tg7iti.. ("Facility"). B. The User wishes to use the Facility for purposes of conducting or hosting baseball and/or softball activities, and the City has authorized the User to use the Facility for such purpose, subject to User's assumption of responsibility for routine field preparation and maintenance work on the field(s) at the Facility, and subject to the terms and conditions of this Agreement. The parties therefore agree and covenant: 1. Use of Facility; Scheduling_ Subject to the terms and conditions of this Agreement, the City grants a non-exclusive license to User to conduct or host baseball and/or softball activities at the Facility. As soon as reasonably possible, the User shall provide the City with a schedule of all proposed baseball and/or softball activities to be conducted or hosted at the Facility. The parties acknowledge and agree that the Facility shall continue to be owned by the City, and the City shall at all times have the right to control, approve, and designate the use and scheduling of events at the Facility. 2. Term. The term of this A ti --ment shall commence upon its execution and shall :s a, �� r•.. , i • 2020. remain in effect through� ,;:, �_,�,., .,._ ,,:,,�.��.:.�k > ..:�:__-::t 3. Compensation. The City and the User agree that, upon the basis of the mutual benefit to the parties under this Agreement,no separate monetary compensation shall be required of either party under this Agreement. 4. Conditions. The User shall, at its sole cost and expense, comply with the following conditions during the term of this Agreement: (a) The User shall perform all field preparation and maintenance work on the field(s) to be utilized by the User at the Facility, and User shall ensure that each field is prepared and maintained for baseball and/or softball activities according to the usual standards of the City's public recreational facilities. (b) The User shall be responsible for repairing any damage to the turf caused by User's use of the Facility for conducting or hosting baseball and/or softball activities. (c) The User shall conduct its operations and activities at the Facility in compliance with all applicable laws and City of Salina policies. (d) The User shall maintain the insurance evidenced by the certificate of insurance attached hereto as Exhibit A, and the User shall not allow or cause such insurance to be modified or canceled. • ' c -y_ �5. Use of Eauipment °, � h 0`2 e For purposes of the User's performance of field preparation and maintenance work pursuant to Section 4(a) above, the City grants the User a non-exclusive license to use the City's maintenance equipment located at the Facility(the`Equipment"). The User shall, at its sole cost and expense,take good and proper care of the Equipment,furnish all gasoline,as applicable, and be responsible for the cost and expense of all repairs and replacements necessary to maintain, preserve, and keep the Equipment in good condition and working order. The User shall not make any repairs, alterations, additions, or improvements to the Equipment without the prior written consent of the City. The parties acknowledge and agree that only the following individuals shall be authorized to use and operate the Equipment pursuant to this Agreement, and no other persons) shall use or operate the Equipment without the City's prior written - ?wr �;�te :;< ":1'S°'u�ix!� fY?,. �r!L n ''�M��i;a:::::c:?Esv i';4y,a'��'^`�m<t}rks-� u�``'�_ X 3i. 27 v 44{ :Ali - `r .iy tati t fi w "-. 1,;s .,,, E (_ i il. s'--:z"� 'V. i...r :j'". E£ .3'� rt at 2� .y -:nr, .!G..- 7 :;Y�::...r:-�. m.c• consent �.,�- Kg��. � � "}"�� � � � � 1F+:e.t? 'S = D44X L2y s A.V + (is r wiri!:er or rL '" �: [LIST NAME(S)] For purposes of the User's performance of field preparation and maintenance work pursuant to Section 4(a) above, the City agrees that the User shall be allowed to use and operate the User's privately-owned maintenance equipment ("Equipment"). The parties acknowledge and agree that only the following individuals shall be authorized to use and operate the Equipment pursuant to this Agreement, and no other xrso n(s shall hall use or oC'rilerate theEquipment without,the City's ty ' s prior written consent �TiF� r � sd, "' ' 2xfin g . � "f . �rNEFA- ��s ,� I .7511;;OrMa [LIST NAME(S)] It is expressly understood that the City allowing the User to use the Facility and to use and operate the Equipment pursuant to this Agreement is of the nature of a license to use public property under which User retains full ownership and responsibility for the Equipment. The City assumes no responsibility for loss or damage to User's Equipment or other property, and the User shall be solely responsible for obtaining and maintaining insurance on any Equipment. The User releases the City from any claims of loss or damage to the Equipment. 6. Responsibility for Damage. The City assumes no liability and no expense by reason of its grant of the licenses and authorizations to the User under this Agreement. The User is solely responsible for any injury or damage sustained by any persons or property resulting from any act or omission of the User or its employees, contractors, agents, volunteers and representatives, and other persons performing any work at the Facility on behalf of or under the direction of the User. 7. Indemnification. To the fullest extent permitted by law, the User shall defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment,or destruction of property, including loss of use resulting therefrom,to the extent 2 that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, negligent acts, errors, omissions, or defective work or services of the User,its employees, agents,or any tier of contractors or subcontractors in the performance of,or in the exercise of any rights,benefits,or privileges under,this Agreement. 8. Non-assignable. Due to the unique circumstances of the parties, neither the rights nor the responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part. 9. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 10. Notices. All notices and demands shall be given in writing either by personal service or by registered or certified mail,postage prepaid,and return-receipt requested. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five(5)days,then forty-eight(48)hours after deposit in the mail. Notices shall be addressed as appears below for each party,provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: • City Clerk City of Salina,Kansas P.O.Box 736 Salina,KS 67402-0736 ••••*V.�: SK Sports Attn: Kelly Kitchener 216 W.Crawford Salina,KS 67401 11. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. Any amendment to this Agreement must be reduced to writing and signed by both parties before it will be effective. IN WITNESS WHEREOF,the parties hereto have clau�ed this Agreement to be executed by their respective proper officials. ��ss y CITY OF SALINA,KANSAS By: By: Michael D. Selvage, City Manager Name: Title: Date: ,2020 3 CERTIFICATE OF LIABILITY INSURANCE Date(MM1DD/YYYY) 1.��, 07/1012020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS)AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTiFCATE HOLDER IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be enact:ed.1f SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT MOWER CONTACT WILSON SPORTS INSURANCE SERVICES,LLCrxoNE FAX• 43 CROWN RD. I. N0.siai Pm, Pio WILLOW PARK TX 76087 RAMO AMMO INSURER(S)AFFORDING COVERAGE NAZCA INSUMNCSk NEW HAMPSHIRE INS.CO. DIMMED INSURANCE k CHUBB INS.CO. ALL WORLD SPORTS IsutANCE c 1079 SUNRISE AVE#6-330 INSURANCE D: ROSEVILLE,CA 95661 Attn:JAY ZETZ INSURANCEe INSURANCE F: COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POUCY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,POLICIES DESCRIBED HEREIN IS SUBJECTTCERTIFICATEOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS O ALL THETERMS,EXCLUSIONS AN CD ONDITIONS OF SUCCHPOL.ICIES.LIMITS SHOWN MAY HAVE AIN.THE INSURANCE AFFORDED BYTHBEEN REDUCED BY ?AID CLAIMS INSR TYPE OF INSURANCE ADDL SUER POLICY POLICY!FF POLICY EXP LIMITS LTR INSD WVD NUMBER (M D Y) (MNIDDIYYYY) AWSL000072 1/1/2020 12/31/2020 EACH OCCURANCE $1,000,000 MERCWI GENERAL LIABILITY DAMAGE TO RENTED $300,000 ED CLAIMS MADE ®OCCUR PREMISES(EA El OCCURANCE) ATHLETIC PARTICIPANT MED EXP(ANY ONE $ . 0 LEGAL LIABILITY PERSON) PERSONAL 3 ADV $1,000,000 GEN'L AGGREGATE IJMff APPLIES PER � INJURY 0 POLICY 0 PROJECT 0 LOC tiENERAL $3,000,000 AGGREGATE ©OlYlfft PRODUCTS COMP/OP $1.000,000 AGG $ COMBINED SINGLE $ AUTOMOBILE LIABILITY LIMIT(EAACCIDENT) 0 ANY AUTO BBLYYIINJURY(PER $ PER ) ©ALL OWNED 0 SCHEDULED W I Y ODODILURv(PER $ AUTOS AUTOS BODILY ©HIRED AUTOS 0 NON OWNED PROPERTY DAMAGE $ AUTO (PER ACCIDENT) $ 0 UMBRELLALIAB 0 OCCUR EACHOCCURANCE $ AGGREGATE $ 0 EXCESS LiAB 0 CLAIMS MADE $ 0 GED 0 RETENTIONS$ WORKERS COMPENSATION AND NIA LJeT�Anns LJ EMPLOYERS'LIABIUTY EL EACH ACCIDENT $ ANY)1VEOf'oFWARiesANEN OYES/NO E.L.DISEASE-EA $ o�arrlvE aPPicErIR,�AaER EXCLUDED? EMPLOYEE (II•ndsibxyyes,de alb EL DISEASE-POLICY $ If yes describe under EMIT DESCRIPTION OF OPERATION BELOW B OTHER(secondary) WSL000072 1/1/2020 12/31/2020 Limit$100,000 0000 Excess Accident Medical Deductible: • DESCRIPTION OF OPERATIONSI(.00ATlONSNSHICLES(ACORD 101,Additional Remarks Schedule maybe attached If more apace is required) CERTIFICATE FOR TEAM:Salina Kings BB 11 u 12U CONTACT:Keilly Kitchener Certificate specifically relates to practices and games ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ALL WORLD SPORTS THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1079 SUNRISE AVE.#B-330 AUTHORED REPRESENTATIVE ROSEVILLE,CA 95661 O 1988-2014 ACORD CORPORATION.All rights reserved ACORD 25(2014/01) The ACORD name and logo are registered mark of ACORD