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HomeMy WebLinkAbout000190 Original ContractINTERLOCAL AGREEMENT BETWEEN PENINSULA COLLEGE AND CITY OF PORT ANGELES FOR OPERATION OF SOCCER LEAGUE This Agreement made and entered into this 1 day of 2011, by and between the Peninsula College, an agency of the State of Washingto her inafter referred to as the "College" and the City of Port Angeles, a municipal corporation of t e State of Washington, hereinafter referred to as the "City Subsequent reference to the College and the City, in a collective sense, shall be by the use of the term "Parties WHEREAS, the Inter -Local Cooperation Act, RCW Chapter 39.34, provides that any two public agencies of the state having separate authority to exercise a particular power may enter into an agreement for cooperative or joint exercise of that power; and City of Port Angeles Record #000190 nr WHEREAS, Peninsula College and the City of Port Angeles wish to enter into an agreement to combine resources for the operation of a soccer league to better utilize existing facilities for a recreational soccer league program and to provide a foundation for joint future planning and coordination of facility development and expansion. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 1. Term. The term of this Agreement shall be from the date of execution and shall renew annually unless the automatic renewal provision is amended by the parties or the Agreement is terminated in accordance with the provisions below: a. Cancellation of this Agreement may be made by either party, upon written notice by the City Manager or College Vice President with a minimum two months notice prior to effective date of cancellation or; b. Upon breach of this Agreement by a party, the other party shall give written notice of termination of the Agreement specifying the claimed breach and action required to cure the breach. If the breaching party fails to cure the breach within five days from receipt of said notice, then the contract shall terminate ten days from receipt of the written notice. c. If the College administers a soccer league that competes with the soccer league the City is currently offering. 2. Purpose. The purpose of this Agreement is to establish an arrangement under which the College and the City will cooperate in the operation of a Port Angeles co -ed soccer league which would be held from April through June; and September through 1 November. 3. The Colleue agrees to the followine: a. College will be responsible for scheduling of all the games; b. College will provide officials for each game; c. College will administer the league in accord with the terms contained in Exhibit "A making sure all participants pay and sign a hold harmless waiver attached as Exhibit B, and play will be governed by FIFA Rules d. College will provide awards to the winning team. 4. The City agrees to the following: a. City will prepare and mail a flyer together with registration information and scheduling deadlines to City and College mailing lists; b. City will advertise the soccer league with a street banner; c. City will collect all registration fees and route the same through the City finance system; d. City will provide College with printout of all registrations and data as to fees collected; e. City will pay College fifty (50 percent of the collected registration fees after the second week of the season; and f. City will pay fifty (50 percent of officiating. 5. Use of Facilities: Games will be played on the Wally Sigmar Athletic Complex at the Peninsula College Campus. Should a conflict with scheduling of the college facility occur, the City will make a City site available, if possible. 6. Revenue. The registration fee will be set by City Council in its fees ordinance and may change per City Council direction in agreement with Peninsula College. Parties agree to split the revenue and officiating expenditures on a 50/50 basis. Each party will be responsible for additional charges incurred as a result of maintenance and/or use of utilities at facilities owned by it. 7. Indemnification. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other person or entity. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, elected officials or employees to the fullest extent required by the law, and agrees to save, indemnify, defend and hold the other party harmless from any such liability. In the case of negligence of both, the College and the City, any damages allowed shall be levied in proportion of the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 2 8. Amendments. This Interlocal Agreement contains the entire agreement between participants and shall not be modified in any manner except by an instrument in writing executed by authorized representatives of both parties. DAI ED this telly of CITY OF PORT ANGELES PENINSULA COLLEGE By By: By: City Manag enrl yers Approv as to form: ktMa illiam E. Bloor, City Attorney Oit,A4kikkaiAl essa Hurd, City Clerk G'LEGAL`a AGREEiv1ENTS&CONTR \CTS2011 Acmmts& Cont ractsPenmsulaCollegeCrtvSoccer02 1611 wpd 2011. By: i i [,h) Deborah Frazier, V President ADULT CO -ED SOCCER RULES 1 No more than 9 men are allowed on the field at any time; no less than 2 women on the field at a time (more than 2 are allowed). If a team plays with one woman they play one man short; no women on the field, they play three men short. 2. Unlimited number of substitutions maybe made with referee's permission and at the referee's discretion at any stoppage in play. The team who has possession after a stoppage in play may ask the referee to allow a substitution. After permission is granted by the referee, both teams may make substitutions. 3. Jewelry is permitted if considered by the referee not to be dangerous. 4. Shin guards are mandatory and any hard plastic must be covered by socks. 5. Slide tackles are not allowed. Any slide tackle deemed by the referee to be intentional will be penalized as dangerous play. Restart will be an indirect free kick. Yellow and red cards may also be awarded in the event of a slide tackle at referee's discretion. 6. Yellow card In the result of a yellow card, the player carded must exit the field. A substitution is allowed to replace the carded player. The carded player may re -enter the field again at any time the referee allows substitutions. 7. Red card If a player is awarded a red card, the player carded is to exit the field immediately, possibly leaving the premises, if deemed necessary by the referee. No substitution is allowed in the event of a red card. The team whose player was given a red card, plays the remainder of the match one player down. That player is also not eligible to play in the next scheduled match. Remember, two yellow card to the same player in the same match, equals a red card. 8. Fiehtina In the result of a fight, the player /players involved will be penalized by the referee. Yellow and /or red cards will be awarded at referee's discretion. Players involved may be suspended for the season, possibly for life, depending on the brutality of the event. Team captains and referees will meet to decide course of action if this occurs. Repetitive abuse and red cards may also render similar action. 9. Players are not allowed at any time to play for a team other than the team they are registered on. Players switching teams, or being added after the registration deadline, must be authorized by the team captain and league director. 10. All Dlavers Remember, this is an adult, co -ed recreational soccer league. Please play that way. Play the whistle, allow the referee a chance to make a call and when a call is made, respect that call Tim Tucker, League Director EXHIBIT "A" Port Angeles Recreation /Peninsula College Adult IFC Co -Ed Soccer League Registration Form To register, fill out this form and mail it with the proper registration fee to: Port Angeles Recreation, P.O. Box 1150, Port Angeles, WA 98362 or drop off at the Recreation office at 308 East 4th Street. PLEASE SIGN THE HOLD HARMLESS WAIVER ATTACHED. There are a number of changes in the program this year. The registration deadline is March 29. 2011 if you want to be placed on the same team. If your registration comes in after that, you may be placed on the next available team. The registration fee is $55.00 per player, no matter where you live, and this year there will be 10 games per team (the reason for the fee change). The League will be coordinated by Tim Tucker League Director, and the Peninsula College Soccer Team, and will start April 10, 2011 and end by June 26, 2011. Games will be played at Peninsula College, on their new artificial turf field and some may need to be played at Civic Field or Shane Park. Games will be played on Sundays but will start early at the College because there are no lights. The schedule will be such that no one team will have to play all early games. Name: Male: Female: Address: City: Zip Code: Phone: /h /w /c Email address: Are you a goalie: Yes No Participants may pay with a Visa or Mastercard Credit Card. You must present your card at the Parks Recreation office or call the office and speak with an employee who will process your card. OFFICE USE ONLY Received by: Date: Cash amount: i Check amount: Credit card amount: In consideration of the City Recreation Division making available City, Peninsula College and Port Angeles School District facilities, and coordinating certain recreational activities at said facilities, I, the undersigned, realizing no insurance coverage is provided for the participants and that, without this Hold Harmless Agreement, the City would not be able to provide such recreational activities for the citizens of Port Angeles and the surrounding areas, voluntarily and of my own free will, elect to participate as a member of the team in the league indicated below and will assume financial responsibility for any cost and /or damages relating to any accident or injury that might occur while participating in the named program. I understand that there are certain risks and hazards involved in participating in Soccer that may result in injury or death to me or other players, including, but not limited to those hazards associated with equipment and other participants. I understand that the very nature of the game of Soccer is hazardous and risky, including, but not limited to, the acts of kicking, running, jumping, stretching, sliding, diving, and collisions with other players and with stationary objects, all of which can cause injury or death to me and to other players. Further, I, the undersigned player, agree that in consideration for the right to play as a member of the team designated below and in consideration for permission to play on the fields arranged for by the team or league: 1. EXHIBIT "B" Player Waiver, Hold Harmless, Release of Liability and Indemnification Agreement Soccer I voluntarily elect to assume all risks of injury incurred or suffered by me (a) while practicing or playing as a member of the team so designated, (b) while serving in a nonplaying capacity as a team member during practice or play by other teams or by other players on my team and (c) while on or upon the premises of any and all fields arranged for by my team or league for practice or play. 2. I release, discharge, agree not to sue nor hold the City of Port Angeles, or Peninsula College, or the Port Angeles School District, owners, officers, agents, servants, associates, person, entity or anyone connected with team or league in the named program, responsible for any claim, damages, costs or cause of action which I have or may in the future have as a result of injuries, accidents, or damages sustained or incurred by me. Team Name I League Name Adult Co -Ed Soccer Facility Owner or other Entity City of Port Angeles Port Angeles School District Peninsula College I acknowledge that I have read and that I understand each and every one of the above provisions in this waiver, release of liability, hold harmless and indemnification agreement and agree to abide by them. Player's Name (Print) Player's Signature Date