Miami Community Facilities Authority Packet (MCFA)

THE MIAMI COMMUNITY FACILITIES AUTHORITY (MCFA) MET IN REGULAR SESSION SEPTEMBER 18, 2013 AT THE CIVIC CENTER AT 5:15 PM WITH THE FOLLOWING MEMBERS PRESENT: Jeff Hale, Chairman Jeff Bishop Trust Manager/ Trust Secretary Rudy Schultz, Trustee David Anderson, Trust Attorney Neal Johnson, Trustee (absent) Alicia Hogan, Deputy Trust Secretary Loretta Robinson, Trustee Mark Folks, Trustee Dale Patterson, Trustee Stacey Satterwhite, Trustee THE TRUST MAY DISCUSS, CONSIDER, AND VOTE ON ANY ITEM LISTED BELOW IN THIS AGENDA: Call to Order Chairman Hale called the meeting to order at 5:22 PM. Invocation Trustee Satterwhite gave the invocation. Pledge of Allegiance Trustee Patterson led the group in the pledge of allegiance. CONSENT AGENDA The following items are on the consent agenda: All items listed under the consent agenda are deemed to be noncontroversial and routine in nature by the governing board. They will be approved by one motion of the Miami Community Facilities Authority. The items on the consent agenda “will not” be discussed. Any member of the governing board desiring to discuss an item on the consent agenda may request that it be removed from the consent agenda and placed in its proper order on the regular agenda. Any member of the governing board can also move to add items from the regular agenda to the consent agenda and make one motion and vote to approve. A. Ratify all Previous Actions and Decisions by the Miami City Council B. Ratify all Previous Actions of the Miami Special Utility Authority C. Minutes: August 07 and September 11, 2013 Trustee Satterwhite moved to approve the consent agenda as presented. The motion was seconded by Trustee Folks. The trust was polled with the following results: Satterwhite, Aye Folks, Aye Patterson, Aye Robinson, Aye Schultz, Aye Johnson, absent, Hale, Aye Chairman Hale declared the motion approved. Red Robertson Field Scheduling Meeting Notes Chairman Hale explained the committee meeting notes. Patterson updated the IT system progress on the calendar accessibility. He expressed his concerns about having more than one person with the ability to change the calendar. The consensus was that until Phase II is completed, promotion of the stadium should be minimal. The trust discussed prioritizing who gets field access for events. David Anderson expressed the possibility of the need for a resolution by the trust to form a committee for scheduling to defray community criticism. He offered to draft a resolution and circulate it among the trust. Trustee Satterwhite moved to direct trust attorney to draft a resolution to officially describe the scheduling committee process. The motion was seconded by Trustee Patterson. The trust was polled with the following results: MCFA Page 1 of 3 September 18, 2013 Satterwhite, Aye Patterson, Aye Folks, Aye Robinson, Aye Schultz, Aye Johnson, absent, Hale, Aye Chairman Hale declared the motion approved. Phase III Planning Meeting on 10/30/13 at 4:00 PM Miami Civic Center Chairman Hale proposed to move the MCFA meeting to 4:00 PM on October 30 in order to discuss Phase III and explained what the meeting would include. The meeting would give the architects a chance to discuss Phase III master plan. Phil Thomas stated there would be packets prior to the meeting for the trust to look at in order to discuss prioritization of work. Phase III would contain sub-phases. A current plan for Phase II will be available and questions will be generated as to the other elements that go with it (floodplain, parking, access, traffic, etc.). No action taken. Phase I – Contingency update Mark Moudy circulated literature explaining contingency update. He stated work is done leaving $27,209.00 in contingency. He defined “contingency” as the funds set aside for unforeseen conditions, or for wish list items. No action taken. Phase I – Costs to move the “W” in the North end zone Mark Moudy circulated a letter from FieldTurf detailing cost of moving the “W,” stating the cost would be $6,920.00. Hale expressed his opinion concerning the moving of the W. Thomas stated his opinion to leave as is and see how things go. Trust consensus was to get feed back from community before doing anything. No action taken. Phase II – Bid Package #3 and #4 schedule Update Moudy explained bid package #3 and #4. He stated turnout for pre-bid meeting package #3 was as expected and bid opening for package #4 will be October 9. Hale clarified bid package #3 is for civil, concrete, and fencing and bid package #4 is for everything else. Thomas requested access to the schedule. No action taken. Phase II – Bid Package #4 Concession Equipment Review Matt Graves circulated information concerning concession equipment. The hotdog roller machine and the popcorn machine will be picked up in the construction budget. Thomas suggested verifying production capacity for areas needing ice machines. Thomas stated it may not be so much an issue of production for the ice machines as it is a storage issue. Hale spoke concerning a concessions agreement and what process would be needed. Anderson stated he just needed guidance on how the trust wanted the agreement to work. Thomas stated a general statement of what the trust wants may be helpful for possible future presentations from companies interested in providing the service for concessions. He continued saying the design team had always operated under the assumption an outside source would be operating the concessions and would be bringing in their equipment. Jim Huffman from Sodexo will be addressing the trust at a future scheduled meeting. Schultz stated there is an expectation of Council to retire the debt. Hale summarized the direction the trust would give to Sodexo would be that one of the revenue streams for helping to retire the debt is the concessions. A possible pouring rights agreement and premium pricing is a consideration. There would be multiple user groups, with interest in some of the profit generated. It would also be expected for the agreement to include providing service to suites. The facility will be used as an event center to have special events that will need to be catered. No action taken. Jeff Bishop entered the meeting at this time. Phase II – Bid Package #4 Technology Infrastructure Design MCFA Page 2 of 3 September 18, 2013 Thomas stated, due to personnel changes at NEO, the college is no longer able to provide the infrastructure design for the technology of the stadium. AIP has been asked to get a proposal to provide the design for that infrastructure. The resources are within the budget. The cost would be a direct increase to AIP budget of $2,400.00. Trustee Folks moved to approve authorizing an additional service charge for a cost of $2,400.00. The motion was seconded by Trustee Satterwhite. The trust was polled with the following results: Folks, Aye Satterwhite, Aye Patterson, Aye Robinson, Aye Schultz, Aye Johnson, absent, Hale, aye Chairman Hale declared the motion approved. Phase II – Bid Package #4 Finishes Presentation Graves presented different finishes for the trust to consider for use in various places of the facility. No action taken. Other New Business, if Any, Which Has Arisen Since the Posting of the Agenda and Could Not Have Been Anticipated Prior to the Time of Posting (25 O.S. § 311(9)) Hale requested, based on Phase II master planning, a cost estimate for AIP to provide master planning services. Thomas stated AIP is working up a proposal and it will be forwarded to the trust when completed. Future Project Planning Patterson updated the trust on the scoreboard presentation being moved to October 03, 2013 at 11:00 AM at the stadium. Thomas expressed the need for future planning to replace/maintain the turf. Hale discussed the financing for Phase III both public and private. Bishop stated at this time it might be prudent to exhaust private funding. Satterwhite asked about suite lease agreements and how far along David Anderson was on getting one drafted. Anderson stated he had not had a chance to start but would gladly get started on drafting an agreement. Hale stated he would send his notes and examples to Anderson concerning lease agreements. Adjournment Trustee Satterwhite moved to adjourn. Trustee Folks seconded the motion. The board was polled with the following results: Satterwhite, Aye Folks, Aye Patterson, Aye Robinson, Aye Schultz, Aye Johnson, Absent Hale, Aye Chairman Hale declared the meeting adjourned at 7:12 PM. ________________________ _______________________ ATTEST: Jeff Hale, Chairman Loretta Robinson, Trustee __________________________ ________________________ _______________________ Alicia Hogan, Deputy City Clerk Mark Folks, Trustee Dale Patterson, Trustee ________________________ _______________________ Stacey Satterwhite, Trustee Neal Johnson, Trustee _______________________ Rudy Schultz, Trustee MCFA Page 3 of 3 September 18, 2013  AGREEMENT This Agreement is made and entered into this ____ day of September, 2013, by and between Miami Community Facilities Authority, an Oklahoma Public Trust, (hereinafter referred to as "MCFA"), and Miami Youth Football, Inc., an Oklahoma not-for-profit corporation (hereinafter referred to as "Miami Youth Football"). RECITALS 1. Miami Youth Football organizes and conducts a youth football league for students enrolled in the first through sixth grades. 2. Miami Youth Football desires to conduct some or all of its football games at the football field located on the Northeastern Oklahoma A&M College campus located in Miami, Oklahoma. This property shall be referred to herein as "Robertson Field". 3. The Miami Community Facilities Authority is a public trust organized pursuant to the laws of the State of Oklahoma, and as one of its various duties, is responsible for scheduling the use of Robertson Field. 4. This Agreement constitutes a Memorandum of Understanding between The Miami Community Facilities Authority and Miami Youth Football outlining the terms and conditions as to the use of Robertson Field by Miami Youth Football. In consideration of the mutual promises contained herein, the parties agree as follows: 1. Use of Stadium Facility. Miami Youth Football shall be allowed to use Robertson Field for its football games at such times as the field is available and scheduled for use by MCFA. MCFA shall have the sole authority as to the scheduling and use of the field by Miami Youth Football. 2. Consideration. No money or other consideration shall be paid by either entity to the other during the term of this Agreement for the rights granted herein. The sole consideration shall be the mutual promises contained herein. 3. Cleaning of Stadium and Grounds. Miami Youth Football shall be required to clean the stadium and the grounds surrounding Robertson Field (within the fenced enclosure) after using the field for its games within forty-eight (48) hours of the completion of the games. 4. Admission Charges. Miami Youth Football shall be allowed to retain all of the receipts derived from charges for admission to Miami Youth Football Games. -Page 1-  5. Concessions. Miami Youth Football shall be allowed to sell its own concessions at all of its games played at Robertson Field. Miami Youth Football shall be solely responsible for the expense of the concessions sold at its games. It shall not be allowed to use the supplies of other groups or organizations whose supplies are stored in the concessions stands at the football field. Miami Youth Football shall also be allowed to retain all of the profit derived from the sale of concessions at its games. 6. Insurance. It is specifically agreed and understood that Miami Youth Football shall be required to continuously maintain the folowing types of insurance with policies acceptable to MCFA: (A) Liability insurance in the amount of One Million Dollars ($1,000,000.00) each occurrence and Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) general aggregate for products and completed operations (i.e. products liability protection against lawsuits alleging bodily injury or property damage caused by an occurrence arising out of the sale of a product, or of a completed operation, or a service). It is further agreed that MCFA will continuously maintain the following types of insurance in the following minimum amounts on the property: (A) Liability insurance in the amount of One Million Dollars ($1,000,000.00) each occurrence and Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) general aggregate for products and completed operations (i.e. products liability protection against lawsuits alleging bodily injury or property damage caused by an occurrence arising out of the sale of a product, or of a completed operation, or a service). Miami Youth Football shall furnish MCFA a certificate of such liability insurance and, in addition, shall name MCFA as an additional named insured. Miami Youth Football agrees to furnish a certificate and a copy of each such policy of insurance to MCFA. Such policies may not be canceled without thirty (30) days prior written notice to MCFA. 7. Indemnification of MCFA. Miami Youth Football shall indemnify MCFA and save it harmless from all suits, actions, damages, liability, and expenses in connection with the loss of life, bodily or personal injury, or property damage arising from or out of any occurrence in, upon, at, or from the premises, or any part thereof which is occasioned, fully or in part, by the negligence of Miami Youth Football or Miami Youth Football's invitees. -Page 2-  8. Severability of Clauses. The clauses of this Lease are independent and several and should any part or portion of this Lease be adjudicated to be null and void, this finding shall have no effect upon the remaining body of the Lease, and it shall remain in full force and effect. 9. Restriction on Assignment. It is further agreed that Miami Youth Football shall not assign its interest under this agreement without the written consent of MCFA.. 10. Term of Agreement. The term of this Agreement shall be for a period of one (1) year from the date of its execution. Either party may cancel the Agreement upon thirty (30) days written notice to the other. 11. Binding Effect. This Agreement is binding upon the parties to this Agreement, their successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. MCFA: MIAMI COMMUNITY FACILITIES AUTHORITY, an Oklahoma public trust By:______________________________________ Jeff Hale, Chairman MIAMI YOUTH FOOTBALL: MIAMI YOUTH FOOTBALL, INC., AN OKLAHOMA NOT-FOR-PROFIT CORPORATION By:______________________________________ J. Mark Folks, President STATE OF OKLAHOMA ) ) SS. COUNTY OF OTTAWA ) This instrument was acknowledged before me this _____ day of September, 2013, by Jeff Hale, in his capacity as Chairman of Miami Community Facilities Authority Independent School District No. 23 of Ottawa County, Oklahoma. _________________________________________ Notary Public My commission expires: ______________________ Commission #__________ -Page 3- STATE OF OKLAHOMA ) ) SS. COUNTY OF OTTAWA ) This instrument was acknowledged before me this _____ day of September, 2013, by J. Mark Folks in his capacity as President of Miami Youth Football, Inc., an Oklahoma not-for- profit corporation. _________________________________________ Notary Public My commission expires: ______________________ Commission #__________ S:\WPDOCS Central\REAL-EST.DOC\Miami Youth Football - Miami Community Facilities Authority Agreement.frm -Page 4-  DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/25/2013 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If 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). PRODUCER CONTACT NAME: Gagliardi Insurance Services, Inc. PHONE (408) 414-8100 (A/C, No, Ext): FAX (A/C, No):(408) 414-8199 1302 Lincoln Avenue, Suite 202 E-MAIL ADDRESS: sales@gsportsinsurance.com San Jose, CA. 95125 INSURER(S) AFFORDING COVERAGE NAIC # 0791300 INSURER A : New York Marine & General Ins. 16608 INSURED Green Country Youth Football Association INSURER B : Federal Insurance Company 20281 INSURER C : 25 East Steve Owens Street INSURER D : Miami, OK 74369 INSURER E : (918)542-0553 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ 0 A X Abuse & Molestation PK201300002847 8/1/2013 8/1/2014 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 PRO- Participant Legal Liab $ 1,000,000 X POLICY JECT LOC COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED PK201300002847 8/1/2013 8/1/2014 BODILY INJURY (Per accident) $ A AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Accident Medical 9907-1406 8/1/2013 8/1/2014 Limit $100K / $250 DED AD&D $25K DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The Certificate holder is included as an additional insured, but only with respect to the liability arising out of the negligence of the named insured. All policy terms and conditions apply. CERTIFICATE HOLDER CANCELLATION Miami Community Facilities Authority SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P. O. Box 1288 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 295 5 th Ave. NW Miami, OK 74335 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD