LEGISLATIVE ACTION ITEM
SPONSOR: D.C. Reeves, Mayor
SUBJECT:
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APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH FIRST CITY FOOTBALL CLUB FOR THE USE OF THE PENSACOLA TECHNOLOGY PARK FIELD
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RECOMMENDATION:
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That the City Council approve a Memorandum of Understanding (MOU) with the First City Football Club and the City of Pensacola Parks and Recreation Department to establish the terms and responsibilities of both parties as to the use of the Pensacola Technology Park Field for organized youth sports practice. Further, that City Council authorize the Mayor to take the action necessary to execute and administer this memorandum of understanding, consistent with the terms of the agreement and the Mayor’s Executive Powers as granted in the City Charter.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
The City of Pensacola agrees to the following conditions:
• Provide space as described in agreement for the First City Football, Inc., to practice soccer on the dates and times listed in Exhibit A to this MOU.
• Install netting in a manner consistent with standard safety protocols for youth sports practice fields and as appropriate to keep balls and equipment from leaving the PEDC Park area.
• Manage the days and time periods that the field will be utilized that ensures only one team will utilize the field at any given time unless all parties agree otherwise.
The First City Football Club, Inc., agrees to the following conditions:
• Pay to the City a fee of $20 per player for the term in agreement due no later than the end of the second week of practice.
• Use of the field pursuant to agreement does not include nets except as described elsewhere in agreement and does not include field prep, lights, or restrooms.
• Provide a list of all volunteer, and/or board members prior to use of the field.
• Ensure and provide in writing prior to the first practice confirmation that Level 1 background checks have been conducted on all staff, board, and volunteers in accordance with Florida State Statutes.
• Notify the City of Pensacola Parks and Recreation Athletics Superintendent or designee within 4 hours if there has been a serious incident or injury or an incident that has required the response of first responders to the field.
• To use the field for practice only. The field shall not be used for games.
• Field shall not be used after sunset.
• Refrain from interfering with the infrastructure of the field; provided, however, that it may stripe and/or line the field to enhance the field for use during practices.
• Leave field after each practice clean and litter free and in same condition that it was found.
• Provide liability insurance as described in agreement and to add the City of Pensacola as a release or held harmless in any Hold Harmless Agreement.
• To fully indemnify, defend and save harmless, the City of Pensacola, its officers, agents, employees and volunteers form and against all actions, damages, costs, liabilities, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonable incurred by the City of Pensacola’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Responsible Party in connection with its use of the area described in this agreement. This includes any damage to or theft of the First City Football Club, Inc property stored or left on City of Pensacola property. This shall be a continuing release and shall remain in effect until revoked in writing.
PRIOR ACTION:
December 15, 2022 - Parks and Recreation Board reviewed the MOU with First City Football Club, Inc., and no concerns or issues were raised.
FUNDING:
N/A
FINANCIAL IMPACT:
Financial impact unknown at this time. However, the Parks and Recreation Department will receive their portion of fees, if collected, quarterly. The funds received will be accounted for in the Recreation Fund.
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
12/29/2022
STAFF CONTACT:
Kerrith Fiddler, City Administrator
David Forte, Deputy City Administrator - Community Development
Adrian Stills, Parks and Recreation Director
ATTACHMENTS:
1) MOU - First City Football Club, Inc.
PRESENTATION: No end