Miami Community Facilities Authority Packet (MCFA)

Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 MEMORANDUM OF UNDERSTANDING FY 2018 – 2019 This Memorandum of Understanding ("MOU") is made and entered into this ____ day of August, 2018, by and between the Miami Youth Football League ("MYFL"), a non-profit youth sports organization, and the Miami Community Facilities Authority ("MCFA"), which is a public trust jointly authorized by NEO A&M College, Miami Public Schools, and the City of Miami, Oklahoma. Collectively, the MYFL and the MCFA are referred to herein as the "Parties". WHEREAS, the Parties desire to work together to utilize and maintain the field and facilities known as the Miami Multi-Purpose Sport Complex and Red Robertson Field (hereinafter, the "Complex"), located on the campus of NEO A&M College in Miami, Oklahoma, in order to enrich the overall quality of life in the community; IT IS THEREFORE AGREED that the Parties allocate between themselves the following specific responsibilities with respect to the use and maintenance of the Complex, and further agree to the following terms and conditions. 1. MYFL Responsibilities. In lieu of money payments for rent for the use of the Complex, MYFL shall: a. Provide the following services with respect to the physical grounds, facilities, and equipment of the Complex for, during, or as a result of MYFL usage and events: i. Providing team and individual participant gear and equipment, or arranging for provision of same by third parties; ii. Inspecting and maintaining any operational equipment, such as first down chains, that may be provided by or belong to the MCFA or its authorizing entities; iii. Actively discouraging littering and other misuse of the physical grounds; iv. Reimbursing the City, in an amount not to exceed $1,000.00 during the term of this MOU, for repair of any damage to the physical premises of the Complex that is caused, in whole or in part, by actions of MYFL or its volunteers, personnel, participants, attendees, guests, and invitees, whether negligent or otherwise; and v. Reporting any vandalism or misuse of the Complex to the MCFA upon becoming aware of same; b. Assume responsibility and liability for, and hold the City harmless with respect to, any and all property damages and/or personal injuries incurred during or as a result of MYFL events and arising from actions of MYFL or its volunteers, personnel, participants, attendees, Page 1 of 4 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 guests, and invitees, whether negligent or otherwise; provided that (i) MYFL's liability to the MCFA for any damage to the Complex premises shall not exceed the amount set forth in subparagraph 1.a.iv. above; (ii) MYFL's assumption of liability for any other property damage or personal injuries shall not exceed the amount of liability insurance paid or payable to MYFL, or on its behalf, for a claim under the insurance policy the organization is required to maintain under subparagraph 1.c. below; and (iii) the responsibility and liability assumed hereunder is that of the MYFL as an entity and does not, as far as the MCFA is concerned, extend to any of the individual members of the MYFL's governing body, coaching team, or other leadership. c. Maintain a liability insurance policy for MYFL having limits no less than $1,000,000.00 per occurrence, and make the MCFA an additional insured on any such policy; d. Consult with the MCFA's designee in the development of practice and game schedules, prior to the publication of same, and submit a proposed game schedule for the 2019 season to the MCFA no later than April 1, 2019; e. Designate authorized MYFL representative(s) to act as point(s) of direct contact with the MCFA; f. Develop a set of written expectations for general care of Complex facilities during MYFL usage and events, to be signed by coaches and parents (or other persons responsible for participants) as part of the participant registration process for the 2019 season; these may be added to any existing code of conduct or similar set of written expectations the MYFL already distributes during its registration process; g. Disallow any illegal, indecent, obscene, offensive, immoral conduct by MYFL personnel, volunteers, participants, attendees, guests, invitees, including use of tobacco and alcohol products on the Complex premises, which is prohibited by MCFA ordinance; h. Provide the MCFA complete information regarding the nature and content of any advertising relating to use of the Complex premises by MYFL, at least two (2) weeks in advance of the use or implementation of such advertising; and i. Provide the MCFA with the following documentation and/or information at the time of execution of this agreement, and provide any updates to such documentation and/or information within one (1) week from the time such updates go into effect or from the time of a request from the MCFA: i. A current Certificate of Insurance showing the limits of the organization's liability insurance policy and the MCFA as an additional named insured; Page 2 of 4 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 ii. Telephone number(s) and other contact information for the representative(s) designated as the point(s) of direct contact with the MCFA; iii. A copy of the organization's written expectations for general care of Complex facilities during MYFL usage and events, once developed for the 2019 season; iv. A list of the names and titles of the members of the MYFL governing body and/or all persons having decision-making authority for MYFL; v. Game schedule(s) for the season, which do not conflict with any planned usage of the Complex by the MCFA or its authorizing entities; vi. A breakdown of participants' ages, zip codes, and tribal affiliations, if any, to facilitate potential grant opportunities by the MCFA; and vii. Information reflecting money collected and spent annually by the organization, to facilitate the MCFA's tracking of economic activity associated with the Complex. 2. MCFA Responsibilities. Subject to the availability of approved funds, the MCFA shall: a. Provide the following services, whether directly or indirectly through other agreements, for maintenance of the physical grounds, facilities, and equipment of the Complex: i. Maintain Complex grounds, including but not limited to routine cleaning of restrooms, disposing of trash, and making regular facility inspections; ii. Supply MCFA-issued toilet paper and paper towels in restrooms and concession stand; iii. Repair any damage to the physical premises of the Complex and assume financial responsibility for such repairs once MYFL has exhausted its $1,000.00 reimbursement obligation under subparagraph 1.a.iv. above; b. Designate an official liaison between the MCFA and MYFL, to attend all MYFL board meetings, if any, and to otherwise maintain regular and direct contact with the MYFL authorized representative(s); c. Accommodate use of the Complex by the MYFL for at least four (4) Saturday home games during the regular football season, typically on Saturdays when the NEO A&M football team does not have a home game, and work cooperatively with MYFL representative(s) to accommodate any post-season games at the Complex, if requested. d. Publicize the MYFL schedule of events and any related information in the public-access calendars of the MCFA's authorizing entities, as requested by MYFL and subject to the other terms of this agreement; and e. Track expenses incurred by both Parties in using the Complex, to facilitate analysis of economic activity associated with the Complex. Page 3 of 4 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 3. General Terms and Conditions. The Parties agree with respect to the following: a. The MCFA shall retain management authority over and access to the Complex, and its use by MYFL is non-exclusive and subject to the pre-approved game schedule submitted to the MCFA by MYFL for the current season; b. With respect to any advertising relating to use of the Complex premises by MYFL, no such advertising, or any part thereof, shall be used or implemented if the MCFA makes written objections to the same on the grounds of (i) violation of any law; (ii) the inability or failure of MYFL to uphold claims made in its advertising of the event; or (iii) violation of any terms and conditions of this agreement relating to the nature of the use of the Complex by MYFL, and the MCFA reserves the right to immediately terminate any advertising displayed in violation of this provision, without advance notice of such termination to MYFL; c. The MCFA reserves the right to deny access to the Complex premises, if MYFL does not, in the sole discretion of the MCFA, timely fulfill the obligations imposed by this MOU; and d. This MOU shall terminate without notice as of June 30, 2019, and otherwise either party may terminate this agreement upon written notice to the other party without further liability or obligation whatsoever, provided that claims arising from events preceding the termination date shall remain the obligation of the party responsible for such claim under the terms and conditions set forth above. Agreed upon and executed as of the date first written above. MCFA: Miami Community Facilities Authority By: Dr. Jeff Hale, Chairman MYFL: Miami Youth Football League By: Brandon Riley, Representative for MYFL Page 4 of 4 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 MEMORANDUM OF UNDERSTANDING FY 2018 – 2019 This Memorandum of Understanding ("MOU") is made and entered into this _______ day of August, 2018, by and between the Miami Youth Football League ("MYFL"), a non-profit youth sports organization, and the Miami Community Facilities Authority ("MCFA"), which is a public trust jointly authorized by NEO A&M College, Miami Public Schools, and the City of Miami, Oklahoma. Collectively, the MYFL and the MCFA are referred to herein as the "Parties". WHEREAS, the Parties desire to work together to utilize and maintain the field and facilities known as the Miami Multi-Purpose Sport Complex and Red Robertson Field (hereinafter, the "Complex"), located on the campus of NEO A&M College in Miami, Oklahoma, in order to enrich the overall quality of life in the community; IT IS THEREFORE AGREED that the Parties allocate between themselves the following specific responsibilities with respect to the use and maintenance of the Complex, and further agree to the following terms and conditions. 1. MYFL Responsibilities. In lieu of money payments for rent for the use of the Complex, MYFL shall: a. Provide the following services with respect to the physical grounds, facilities, and equipment of the Complex for, during, or as a result of MYFL usage and events: i. Cleaning and maintaining bleachers, concession and restroom areas, and disposal of all trash; ii.i. Providing team and individual participant gear and equipment, or arranging for provision of same by third parties; iii.ii. Inspecting and maintaining any operational equipment, such as first down chains, that may be provided by or belong to the MCFA or its authorizing entities; iii. ReimburseActively discouraging littering and other misuse of the physical grounds; iv. Reimbursing the City, in an amount not to exceed $1,000.00 during the term of this MOU, for repair of any damage to the physical premises of the Complex that is caused, in whole or in part, by actions of MYFL or its volunteers, personnel, participants, attendees, guests, and invitees, whether negligent or otherwise; and v. ReportReporting any vandalism or misuse of the Complex to the MCFA upon becoming aware of same; Page 1 of 5 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 b. Assume responsibility and liability for, and hold the City harmless with respect to, any and all property damages and/or personal injuries incurred during or as a result of MYFL events and arising from actions of MYFL or its volunteers, personnel, participants, attendees, guests, and invitees, whether negligent or otherwise; provided that (i) MYFL's liability to the MCFA for any damage to the Complex premises shall not exceed the amount set forth in subparagraph 1.a.iv. above; (ii) MYFL's assumption of liability for any other property damage or personal injuries shall not exceed the amount of liability insurance paid or payable to MYFL, or on its behalf, for a claim under the insurance policy the organization is required to maintain under subparagraph 1.c. below; and (iii) the responsibility and liability assumed hereunder is that of the MYFL as an entity and does not, as far as the MCFA is concerned, extend to any of the individual members of the MYFL's governing body, coaching team, or other leadership. c. Maintain a liability insurance policy for MYFL having limits no less than $1,000,000.00 per occurrence, and make the MCFA an additional insured on any such policy; d. Maintain any food handler permits required by law for the sale or distribution of concessions during MYFL events/usage; e. Maintain any sales tax permits required by law for the sale of concessions during MYFL events/usage, and collect and remit all sales taxes required by law; f. If the sale or distribution of concessions during MYFL events/usage is outsourced to any person or entity outside than the MYFL, require a written contract for performance of such services imposing the obligations set forth in subparagraphs (d) and (e) above and requiring proof of liability insurance having limits no less than $500,000 per occurrence and naming the MYFL and the MCFA as additional insureds on the policy; g.d. Consult with the MCFA's designee in the development of practice and game schedules, prior to the publication of same, and submit a proposed game schedule for the 2019 season to the MCFA no later than April 1, 2019; h.e. Designate authorized MYFL representative(s) to act as point(s) of direct contact with the MCFA; i.f. Develop and distribute to coaches and parents (or other persons responsible for participants)Develop a set of written expectations for general care of Complex facilities during MYFL usage and events, to be signed by coaches and parents as part of the participant(or other persons responsible for participants) as part of the participant registration process for the 2019 season; these may be added to any existing code of Page 2 of 5 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 conduct or similar set of written expectations the MYFL already distributes during its registration process; j.g. Disallow any illegal, indecent, obscene, offensive, immoral conduct by MYFL personnel, volunteers, participants, attendees, guests, invitees, including use of tobacco and alcohol products on the Complex premises, which is prohibited by MCFA ordinance; k.h. Provide the MCFA complete information regarding the nature and content of any advertising relating to use of the Complex premises by MYFL, at least two (2) weeks in advance of the use or implementation of such advertising; and l.i. Provide the MCFA with the following documentation and/or information at the time of execution of this agreement, and provide any updates to such documentation and/or information within one (1) week from the time such updates go into effect or from the time of a request from the MCFA: i. A current Certificate of Insurance showing the limits of the organization's liability insurance policy and the MCFA as an additional named insured; ii. A copy of the organization's food handler permit, or that of the its contractual agent, if applicable; iii. A copy of the organization's sales tax permit and proof of collection and remission of sales taxes, or those of the Club's contractual agent, if applicable; iv. Fully executed copies of the written contract and proofs of insurance required by Formatted: Normal, Indent: Left: 1", No bullets or subparagraph (f) above, if applicable; numbering v.ii. Telephone number(s) and other contact information for the representative(s) designated as the point(s) of direct contact with the MCFA; vi.iii. A copy of the organization's written expectations for general care of Complex facilities during MYFL usage and events;, once developed for the 2019 season; vii.iv. A list of the names and titles of the members of the MYFL governing body and/or all persons having decision-making authority for MYFL; viii.v. Game schedule(s) for the season, which do not conflict with any planned usage of the Complex by the MCFA or its authorizing entities; ix.vi. A breakdown of participants' ages, zip codes, and tribal affiliations, if any, to facilitate potential grant opportunities by the MCFA; and x.vii. Information reflecting money collected and spent annually by the organization, to facilitate the MCFA's tracking of economic activity associated with the Complex. 2. MCFA Responsibilities. Subject to the availability of approved funds, the MCFA shall: Page 3 of 5 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 a. Provide the following services with respect to, whether directly or indirectly through other agreements, for maintenance of the physical grounds, facilities, and equipment of the Complex: i. Maintain parking lot(s),Complex grounds, including patching, paintingbut not limited to routine cleaning of restrooms, disposing of trash, and crack sealing;making regular facility inspections; ii. Supply MCFA-issued toilet paper and paper towels in restrooms and concession stand; iii. Field maintenance, including mowing, weed-eating, application of fertilizer, dirt, and seed, as well as chalking/painting lines of play, supplying chalk/paint, etc.; iv. Cleaning and maintaining bleachers, concession and restroom areas, and disposal of all trash for non-MYFL events and usage; and viii. Repair any damage to the physical premises of the Complex and assume financial responsibility for such repairs once MYFL has exhausted its $1,000.00 reimbursement obligation under subparagraph 1.a.iv. above; b. Designate an official liaison between the MCFA and MYFL, to attend all MYFL board meetings, if any, and to otherwise maintain regular and direct contact with the MYFL authorized representative(s); c. Accommodate use of the Complex by the MYFL for at least four (4) Saturday home games during the regular football season, typically on Saturdays when the NEO A&M football team does not have a home game, and work cooperatively with MYFL representative(s) to accommodate any post-season games at the Complex, if requested. d. Publicize the MYFL schedule of events and any related information in the public-access calendars of the MCFA's authorizing entities, as requested by MYFL and subject to the other terms of this agreement; and e. Track expenses incurred by both Parties in using the Complex, to facilitate analysis of economic activity associated with the Complex. 3. General Terms and Conditions. The Parties agree with respect to the following: a. The MCFA shall retain management authority over and access to the Complex, and its use by MYFL is non-exclusive and subject to the pre-approved game schedule submitted to the MCFA by MYFL in accordance with this MOUfor the current season; b. With respect to any advertising relating to use of the Complex premises by MYFL, no such advertising, or any part thereof, shall be used or implemented if the MCFA makes written Page 4 of 5 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 objections to the same on the grounds of (i) violation of any law; (ii) the inability or failure of MYFL to uphold claims made in its advertising of the event; or (iii) violation of any terms and conditions of this agreement relating to the nature of the use of the Complex by MYFL, and the MCFA reserves the right to immediately terminate any advertising displayed in violation of this provision, without advance notice of such termination to MYFL; c. The MCFA reserves the right to deny access to the Complex premises, if MYFL does not, in the sole discretion of the MCFA, timely fulfill the obligations imposed by this MOU; and d. This MOU shall terminate without notice as of June 30, 2019, and otherwise either party may terminate this agreement upon written notice to the other party without further liability d. or obligation whatsoever, provided that claims arising from events preceding the Formatted: Indent: Left: 0.75", Numbered + Level: 2 + termination date shall remain the obligation of the party responsible for such claim under Numbering Style: a, b, c, … + Start at: 1 + Alignment: the terms and conditions set forth above. Left + Aligned at: 1.25" + Indent at: 1.5" Agreed upon and executed as of the date first written above. MCFA: Miami Community Facilities Authority Formatted: Indent: Left: 0", First line: 0" By: Dr. Jeff Hale, Chairman Formatted: Indent: Left: 0", First line: 0" MYFL: Miami Youth Football League By: Brandon Riley, Representative for MYFL Page 5 of 5 _____  DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/26/2018 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 have ADDITIONAL INSURED provisions or 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: PHONE FAX Gagliardi Insurance Services, Inc (A/C, No, Ext): 408-414-8100 (A/C, No): 408-414-8199 E-MAIL 109 S. 13th St. #117B ADDRESS: sales@gsportsinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # Philadelphia PA 19107 INSURER A : Atlantic Specialty Insurance Company 27154 INSURED: Sigma Purchasing Group Assn dba National Youth Football Association Group 2 INSURER B : QBE Specialty Insurance Company 11515 Green Country Youth Football Association INSURER C : 10689 S 587 Rd. INSURER D : INSURER E : Miami OK 74354 INSURER F : COVERAGES CERTIFICATE NUMBER: PL1002037 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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 $ DAMAGE TO RENTED CLAIMS-MADE OCCUR 12:01 AM 12:01 AM 300,000 PREMISES (Ea occurrence) $ Abuse & Molestation MED EXP (Any one person) $ 5,000 A Y CP04284-04 08/01/2018 05/14/2019 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ 1,000,000 Sexual Abuse & Molestation AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO 12:01 AM 12:01 AM BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR 12:01 AM 12:01 AM EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE Y EX01497-05 08/01/2018 05/14/2019 AGGREGATE $ 5,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE 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 $ Limit $100,000 Accident Medical B GAH000001 08/01/2018 08/01/2019 AD&D $25,000 Deductible $500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Proof of Coverage CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Green Country Youth Football Association 10689 S 587 Rd. AUTHORIZED REPRESENTATIVE Miami OK 74354 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD