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HomeMy WebLinkAboutRes 2015-98 - Facility Use Agmt ModificationsCITY OF PALM DESERT CITY MANAGER'S OFFICE STAFF REPORT REQUEST: CONSIDERATION OF MODIFICATIONS TO FACILITY USE AGREEMENT FOR PARK SPACE RELATED TO YOUTH SPORTS ORGANIZATIONS. SUBMITTED BY: Ryan Stendell, Senior Management Analyst DATE: December 10, 2015 CONTENTS: Resolution No. 2015-96 Recommendation Waive further reading and adopt Resolution No. 2015- 96 authorizing modifications to the Facility Use Agreement for youth sports organizations. Parks & Recreation Commission Recommendation: The Parks and Recreation Commission reviewed the proposed modifications to the Facility Use Agreement at its November meeting. Staff indicated to the Commission that this was an item staff has been working on with the Desert Recreation District (DRD) for some time. Based on past experience with other Coachella Valley cities, the proposed modifications are viewed as best practices for management of field space. The Commission discussed the proposed policy and had some questions related to audits, and/or keeping of financial records. At the conclusion of the discussion, the Commission unanimously approved the language as modified and is reflected in the attached draft resolution. Background Managing youth sports leagues is a popular topic in many of the trade journals and conferences associated with recreation. Because many of these organizations operate at an arms length of the local jurisdiction they can either be a blessing or a curse to the community they serve. Unfortunately, poorly run organizations attract media attention much more easily than leagues providing meaningful recreational opportunities. Staff Report Sports Facility Use Agreement 2015 December 10, 2015 Page 2 Some time ago, staff was approached by a resident regarding the transparency of one of our youth sports organizations. While staff does not believe it is the City's role to get in the middle of the operations of these leagues, we did feel it to be appropriate to review our policies with the DRD for the use of our facilities. DRD indicates they have been working through these issues in other local jurisdictions. The attached draft resolution reflects the best practices developed by the DRD in order to keep transparency a priority. Under the new agreement, sports leagues will be required to submit their annual tax filings (Form 990), and keep a book of financial records which is to be made available to the City or DRD if requested. Staff does not believe this puts any additional burden on the leagues as this paperwork is required annually by the Internal Revenue Service as part of the accounting for a 501(c)(3). We are also seeking the protection of the City from leagues that may not follow the IRS rules or lose their 501(c)(3) status as we have provided funds and also provide free field use. An annual or biannual check of their status and books would be appropriate. Strategic Plan Objective Strategic Plan Objective #3 speaks to making recreation pervasive in all public spaces. The City has an excellent stock of public spaces that include sports fields. The recommendation to memorialize the changes to our Facility Use Agreement will help staff in managing the most sought after spaces in the Coachella Valley. Fiscal Analysis There is no fiscal impact related to this request. Prepared By: f/W- Ryan Stendell Senior Management Analyst Approval: . Wohlmuth, City Manager RESOLUTION NO. 2015- 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING MODIFICATIONS TO THE FACILITY USE AGREEMENT FOR YOUTH SPORTS ORGANIZATIONS. WHEREAS, the City Council of the City of Palm Desert, California, did on the 10tn day of December 2015, consider a request by the CITY OF PALM DESERT for approval to make revisions to the Facility Use Agreement, as identified on Exhibit "A; and WHEREAS, said City Council did find the following facts and reasons to exist to approve said request: 1. The City has studied facilities use policies for parks and recreation facilities in the region and found the proposed policy to be appropriate. The proposed amendment balances the needs to provide spaces for youth sports activities with transparently run youth sports organizations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve of Sports Facilities Use Policy as identified on Exhibit "A" of this resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 10t" day of December 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Susan Marie Weber, Mayor ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 2015- 96 EXHIBIT "A" Desert Recreation District Youth Sports League Facility Use Agreement It is Desert Recreation District's desire that all youth sports organizations are able to enjoy the use of various facilities. This agreement has been set in place to achieve that goal. The person signing this agreement and the organization on whose behalf the facility rental is being made (collectively the "Renter") are responsible for compliance with this agreement. All Renters are required to read and sign the facility use agreement as part of the rental and before the facility can be used by the renter. Please read carefully, fill out Facility Renter Sections, initial at the bottom of each page, and sign in the signature page at the end of this document. 1. Each sports league must apply for a facility use permit for sport season use. 2. Each sports league must submit a certificate of insurance with a one million dollar liability policy, naming Desert Recreation District and the City of Palm Desert (if within the City of Palm Desert) as additional insured. 3. Each sports league must submit a separate request for facility use for all tournaments. 1. FACILITY INFORMATION Name of Facility Address/Area/Location of Facility 2. YOUTH LEAGUE INFORMATION Contact name Telephone: Home Organization Address, City, State, Zip Work 2 RESOLUTION NO. 2015- .6 3. YOUTH LEAGUE SEASON (DATES AND TIMES) CONDITIONS OF USE 1. To be eligible for use and access to the League Areas, the Sports Leagues have agreed to have 501(c)(3) for their respective league organization and to maintain the status, active and current. Should the Sports League 501(c)(3) not be in current standing, the group will have 180 days to make the needed corrections. 2. The Sports League shall be required to submit proof of General Liability insurance prior to the start of the season in the amount of $1,000,000 (one million dollars) per occurrence reflecting Desert Recreation District and the City as additional insured. Without receipt of this submittal a facility use permit will not be issued, delaying facility access until provided. 3. The following documents must be provided to Desert Recreation District thirty days prior to the commencement of the sports season in order to ensure no delays are experienced in permitting sports season play: I. Copy of the League Bylaws II. Submit form identifying board members, file form identifying where, when and how often the Sports League holds its regular meetings III. Copy of the current 501(c)(3) status IV. Copy of the insurance certificates If these documents are not provided to Desert Recreation District thirty days prior to the commencement of the sports season the Sports League may experience up to a 30 day delay in obtaining the required facility use permit for facility access. Forty-five days after the sports season each Sport League must provide Desert Recreation District with the following information: number and name of all the teams registered with the Sports League, name, age and city of residency of each registered player per team. If these documents are not provided to Desert Recreation District forty-five days into the sports season the Sports League may 3 RESOLUTION NO. 2015- 96 experience up to a 30 day delay in obtaining the required facility use permit for facility access. 4. Staff must be made aware of any and all Sport League elections and be provided at least twelve calendar day's notice of such an election. 5. The Sports League shall keep and maintain a complete book of accounts and accounting records (collectively, the "Book of Records") of all league enrollment fees, purchases and receipts of merchandise, food beverage, inventories and all sales and other transaction from which Sports Leagues' receipts and charges are or can be determined. Said records, including bank statements shall be made available to the DRD, City, or its agents upon request. 6. The Sports League shall record all transactions, at the time each transaction is made, whether for cash or credit. 7. The Sports Leagues shall retain the Books and Records for a period of at least four years after the end of each calendar year thereof. I am an authorized agent of the organization submitting this agreement. The information provided in this agreement is true and correct. I have read and understand this agreement and agree to all of the aforementioned rules, regulations, and conditions of use. Signature _ Print Name Organization Address Telephone: Home Work 12