A. Any athletic facilities use agreement entered into must include the following terms in substantially similar form:
1. The city shall retain all ownership rights and right of access to the athletic facility at any time.
2. Any athletic facilities use agreement must be for a defined term of not more than one year, but such agreement may be renewable for successive periods of time.
3. The city shall reserve the right to use any or all portions of the athletic facility in times of natural disaster, emergency or other community wide higher use need.
4. Cancellation for any reason upon thirty (30) days' written notice.
5. Reservation of the right of the city to utilize the athletic facilities at any time for municipal purposes.
6. In the event that a conflict arises with any other YSO which has the right to utilize an athletic facility being the subject of the athletic facilities use agreement, or any part thereof, regarding practice scheduling, game scheduling or tournament scheduling, and the parties cannot resolve the dispute between themselves, the city manager, or his designee, shall decide as to the use of the athletic facilities area. The decision of the city manager or his designee shall be final and nonappealable.
7. The use of the athletic facilities shall be nonexclusive and the city reserves the right to enter into similar agreements with other YSO.
8. All fixed alterations, additions and permanent improvements made during the term of the athletic facilities use agreement shall become the property of the city and the YSO making such fixed alterations, additions and permanent improvements shall not be entitled to remove such fixed alterations, additions and permanent improvements without the written consent of the city.
9. The YSO shall retain ownership of any nonpermanent structure installed at the athletic facility provided by the YSO, including, but not limited to, temporary storage buildings, nonpermanent concession buildings, as well as any nonpermanent referee buildings. Any nonpermanent structures provided by the YSO which remain on city or Skiatook public works authority property for more than thirty (30) days after the expiration or termination of an athletic facilities use agreement shall become the property of the city, without further action on the part of the city.
10. The city shall provide access to the athletic facilities for sport and athletic uses only.
11. The city shall provide keys and/or lock combinations for necessary gates and doors to allow access to the athletic facilities which are the subject of an athletic facilities use agreement. A YSO shall not duplicate any keys or disseminate any lock combinations without the consent of the city manager. The YSO shall notify the city in writing who has been issued a key and/or who has been provided the combination to any locks.
12. Unless otherwise agreed, the city shall clear the site of unsafe debris that interferes with the intended use of the athletic facility. This shall include ice storm, severe weather and flood related storm debris.
13. Unless otherwise agreed, the city shall provide basic trash service (typically weekly service).
14. The city shall maintain all fences, backstops and related grounds to ensure public safety.
15. The city shall provide adequate mowing services for all public, nonathletic field areas.
16. The city shall provide proper signage (as determined by city ordinances, codes and/or park rules and regulations) that is enforceable by police, fire, code enforcement, city staff and the YSO.
17. The city shall have the right to conduct background checks on employees, volunteers or subcontractors of a YSO entering into an athletic facilities use agreement, or to require that the YSO conduct such background checks, with the results being furnished to the city for the purposes of public safety and protection of public property.
18. The YSO shall adhere to all city ordinances and/or park rules and regulations, as well as all state and federal laws and regulations.
19. The YSO shall be responsible for the conduct and behavior of their players, coaches and guests.
20. The YSO shall acknowledge and accept the risk of theft, vandalism or other criminal acts occurring within the property comprising the athletic facility.
21. The YSO shall provide to the city by July 1 of each year, a public liability insurance policy with coverage of not less than one million dollars ($1,000,000.00) per occurrence. The insurance policy must list the city of Skiatook and the Skiatook public works authority as additional insured parties, with a requirement of written notice to the city prior to any cancellation. In the event that the public liability insurance policy lapses or is canceled, the city manager may terminate this agreement, effective upon written notice delivered to USER.
22. The YSO shall be responsible for any damages occurring to city or Skiatook public works authority property (buildings, irrigation components, fences, signs, posts, sidewalks, parking lots, gates, landscaping, roadways, sports fields, gymnasiums, electrical, plumbing and mechanical systems) that are a result of YSO volunteers, coaches, players, board members, or by the general public during YSO events. The YSO shall not be responsible for damages or vandalism occurring while the YSO is not using the athletic facility. Evaluation of estimated time of damages or vandalism acts to be set by the Skiatook police department.
23. The YSO shall place and keep trash confined to city supplied trash receptacles.
24. The YSO shall not make any alterations, modifications or improvements of any type without the prior consent of the city of Skiatook.
25. The YSO shall provide adequate mowing and groundskeeping services for all athletic fields and the areas adjacent thereto.
26. The YSO shall restrict motorized vehicles to designated parking areas.
27. The YSO shall not allow another person or organization to use the property covered by an athletic facilities use agreement, including, but not limited to, third party tournament hosts (not the YSO) desiring to utilize a city athletic facility for a tournament, or use of the athletic facility for practices by teams not from the Skiatook geographic area, unless written permission is granted by the city manager.
28. The YSO shall submit an accident/incident report form within twenty four (24) hours for any/all injuries, vandalism, theft, or domestic disputes and make sure to include any documentation from police, fire, and/or emergency medical services.
29. The YSO shall work in good faith to resolve any scheduling or other conflicts.
30. The YSO shall take appropriate measures to ensure that its coaches and volunteers are not a danger to children participating in youth sports, including obtaining background checks to determine the criminal and other history for each coach or volunteer at least once yearly. Any coach or volunteer failing a background check shall not be allowed to serve in either capacity.
31. The YSO shall not discriminate on the basis of race, religion, creed, color, sex, or national origin.
32. The YSO shall indemnify the city against all expenses, liabilities, and claims of every kind, including reasonable attorney fees arising out of: a) the failure by the YSO to perform any of the terms or conditions of this agreement, b) any injury or damage happening on or about the premises, c) failure to comply with any law of any governmental authority, or d) any mechanics' lien or security interest filed against the premises' equipment, materials, or alterations of buildings or improvements thereon. Further, during the times that the YSO is in control of the athletic facilities being utilized, the city shall not be liable for any injury or damages to any property or to any person using the premises nor for damage to any property of the YSO.
33. The city manager may terminate any athletic facilities use agreement due to a material breach of the agreement by the YSO which is the party to such agreement, upon ten (10) days' written notice delivered to the YSO detailing such breach.
B. The city manager is authorized to include any other terms or conditions in an athletic facilities use agreement which the city manager shall deem necessary and beneficial for the city, subject to approval of the agreement by the city council. (Ord. 2015-05, 4-28-2015)