Obligations of the Club. The Club agrees to: a. Adhere to all rules and regulations as defined in the City of Dunwoody Athletic Association Manual and Appendix (Attachment D) b. Provide a lacrosse program in accordance with all guidelines set forth by the City. The Club agrees that all of its members, whether paid or volunteer, must undergo a criminal background check prior to being allowed to participate in any activities on City Property. c. Comply with all statutes, ordinances, rules, orders, regulations and requirements of federal, state, county and city governments where applicable. d. Provide and all lacrosse related items and maintain the upkeep of those items including securing them when not in use. e. Paint all lacrosse field markings and provide appropriate field paint. Field paint must be approved by the City prior to use. f. Comply with all statutes, ordinances, rules, orders, regulations and requirements of federal, state, county and city governments where applicable. g. Maintain the playing fields to include, raking crumb rubber in high traffic areas between games, and any other playing field maintenance to ensure a proper safe playing surface as defined in Attachment C, “Maintenance Policy”. h. It is the responsibility of the Club to ensure that all facility rules are followed, failure to do so shall constitute a material breach of this Agreement. i. Protect, defend, indemnify and hold harmless the City, its Mayor, Council members, officers, employees, successors, assigns, and agents from and against any and all claims, suits, losses, liabilities, damages, deficiencies, expenses, or costs (including, without limitation, reasonable attorney’s fees, investigative and/or legal expenses, and costs of judgment, settlements, and court costs) (hereinafter “Claims”) suffered or incurred by such parties whether arising in tort, contract, strict liability, or otherwise and including, without limitation, personal injury, negligence, wrongful death, or property damage, regardless of the outcome of any such action, proceeding, or investigation caused by, related to, based upon, or arising out of the Club’s use of the Facilities, provision of Athletic Programs or activities, or otherwise, excluding Claims caused by the sole negligence of the City. The language of this indemnification clause shall survive the termination of this Agreement, even if the City terminates this Agreement for convenience. j. The Club shall further either (a) require each of its Subcontractors to procure and to maintain during the term of his subcontract Subcontractor’s public liability and property damage and vehicle liability insurance of the type and in the same amounts as specified in the preceding paragraphs, or (b) insure the activities of the Club’s Subcontractors in the Club’s own insurance policy. k. If the Club chooses to use the portion of the Facilities for concessions, the Club shall provide its own food and clean-up the area after each use to replicate its appearance prior to each use. The Club must obtain all required health certificates to serve said food and shall be responsible in accordance with subsection (d) above for any liability as a result of providing these concessions. No alcohol may be sold and/or served at any game, function or event on the Property and no alcohol may be possessed by anyone during the times the Club uses said Facilities. l. The Club shall maintain a schedule of all functions at the facility and shall submit a report of all recorded functions of the previous year to the City each January to include date, use and number of participants. m. The Club may not charge individual gate fees to Dunwoody residents for practices, games, meetings, clinics and demonstrations, except as part of an approved fund raising initiative. n. The Club must provide a succession plan for its organization and annually report to the City its current board members and term limits. o. The financial relationship shall be as follows: i. Beginning January 1, 2022, the Club must pay the City an hourly rate of usage as defined in the City of Dunwoody Athletic Club Manual and Appendix. Prior to the season beginning any unused scheduled time may be credited to the Club for future use. Once the season begins, program credits will only be considered for dates that the facility is closed by the City or inclement weather cancellations that can’t be rescheduled during the make-up block time frame. Credit requests must be made in writing to the City. ii. The Club is also entitled to make further contributions directly to the City towards capital improvements to the Facility at any time. The Club must indicate in writing for what those funds are to be used and the City shall restrict the usage of those funds to that purpose unless changed by both parties in writing. The Parks Director may approve all suggested projects as needed and will request approval from the City Manager or City Council as required by the City’s procurement policies and procedures. The City will manage the procurement of all goods and services towards these improvements. iii. The Club must provide Form 990 to the CITY annually at the time it is filed with the IRS. p. The Club may be subject to an independent annual audit at their expense as requested by the City and is subject to all requirements under Open Records Act O.C.G.A. §50-18-70 et seq. q. Adhere to all other provisions contained in this agreement.
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Obligations of the Club. The Club agrees to:
a. Adhere to all rules and regulations as defined in the City of Dunwoody Athletic Association Manual and Appendix (Attachment D)
b. Provide a lacrosse football program in accordance with all guidelines set forth by the City. The Club agrees that all of its members, whether paid or volunteer, must undergo a criminal background check prior to being allowed to participate in any activities on City Property.
c. Comply with all statutes, ordinances, rules, orders, regulations and requirements of federal, state, county and city governments where applicable.
d. Provide and all lacrosse football related items and maintain the upkeep of those items including securing them when not in use.
e. Paint all lacrosse football field markings and provide appropriate field paint. Field paint must be approved by the City prior to use.
f. Comply with all statutes, ordinances, rules, orders, regulations and requirements of federal, state, county and city governments where applicable.
g. Maintain the playing fields to include, raking crumb rubber in high traffic areas between games, and any other playing field maintenance to ensure a proper safe playing surface as defined in Attachment C, “Maintenance Policy”.
h. It is the responsibility of the Club to ensure that all facility rules are followed, failure to do so shall constitute a material breach of this Agreement.
i. Protect, defend, indemnify and hold harmless the City, its Mayor, Council members, officers, employees, successors, assigns, and agents from and against any and all claims, suits, losses, liabilities, damages, deficiencies, expenses, or costs (including, without limitation, reasonable attorney’s fees, investigative and/or legal expenses, and costs of judgment, settlements, and court costs) (hereinafter “Claims”) suffered or incurred by such parties whether arising in tort, contract, strict liability, or otherwise and including, without limitation, personal injury, negligence, wrongful death, or property damage, regardless of the outcome of any such action, proceeding, or investigation caused by, related to, based upon, or arising out of the Club’s use of the Facilities, provision of Athletic Programs or activities, or otherwise, excluding Claims caused by the sole negligence of the City. The language of this indemnification clause shall survive the termination of this Agreement, even if the City terminates this Agreement for convenience.
j. The Club shall further either (a) require each of its Subcontractors to procure and to maintain during the term of his subcontract Subcontractor’s public liability and property damage and vehicle liability insurance of the type and in the same amounts as specified in the preceding paragraphs, or (b) insure the activities of the Club’s Subcontractors in the Club’s own insurance policy.
k. If the Club chooses to use the portion of the Facilities for concessions, the Club shall provide its own food and clean-up the area after each use to replicate its appearance prior to each use. The Club must obtain all required health certificates to serve said food and shall be responsible in accordance with subsection (d) above for any liability as a result of providing these concessions. No alcohol may be sold and/or served at any game, function or event on the Property and no alcohol may be possessed by anyone during the times the Club uses said Facilities.
l. The Club shall maintain a schedule of all functions at the facility and shall submit a report of all recorded functions of the previous year to the City each January to include date, use and number of participants.
m. The Club may not charge individual gate fees to Dunwoody residents for practices, games, meetings, clinics and demonstrations, except as part of an approved fund raising initiative.
n. The Club must provide a succession plan for its organization and annually report to the City its current board members and term limits.
o. The financial relationship shall be as follows:
i. Beginning January 1, 2022, the Club must pay the City an hourly rate of usage as defined in the City of Dunwoody Athletic Club Manual and Appendix. Prior to the season beginning any unused scheduled time may be credited to the Club for future use. Once the season begins, program credits will only be considered for dates that the facility is closed by the City or inclement weather cancellations that can’t be rescheduled during the make-up block time frame. Credit requests must be made in writing to the City.
ii. The Club is also entitled to make further contributions directly to the City towards capital improvements to the Facility at any time. The Club must indicate in writing for what those funds are to be used and the City shall restrict the usage of those funds to that purpose unless changed by both parties in writing. The Parks Director may approve all suggested projects as needed and will request approval from the City Manager or City Council as required by the City’s procurement policies and procedures. The City will manage the procurement of all goods and services towards these improvements.
iii. The Club must provide Form 990 to the CITY annually at the time it is filed with the IRS.
p. The Club may be subject to an independent annual audit at their expense as requested by the City and is subject to all requirements under Open Records Act O.C.G.A. §50-18-70 et seq.
q. Adhere to all other provisions contained in this agreement.
Appears in 2 contracts
Obligations of the Club. The Club agrees to:
a. Adhere to all rules and regulations as defined in the City of Dunwoody Athletic Association Manual and Appendix (Attachment D)
b. Provide a lacrosse soccer program in accordance with all guidelines set forth by the City. The Club agrees that all of its members, whether paid or volunteer, must undergo a criminal background check prior to being allowed to participate in any activities on City Property.
c. Comply with all statutes, ordinances, rules, orders, regulations and requirements of federal, state, county and city governments where applicable.
d. Provide goals, nets and all lacrosse soccer related items and maintain the upkeep of those items including securing them when not in use.
e. Paint all lacrosse soccer field markings and provide appropriate field paint. Field paint must be approved by the City prior to use.
f. Comply with all statutes, ordinances, rules, orders, regulations and requirements of federal, state, county and city governments where applicable.
g. Maintain the playing fields to includeinclude placing goals appropriately, raking crumb rubber in high traffic areas between games, and any other playing field maintenance to ensure a proper safe playing surface as defined in Attachment C, “Maintenance Policy”.
h. It is the responsibility of the Club to ensure that all facility rules are followed, failure to do so shall constitute a material breach of this Agreement.
i. Protect, defend, indemnify and hold harmless the City, its Mayor, Council members, officers, employees, successors, assigns, and agents from and against any and all claims, suits, losses, liabilities, damages, deficiencies, expenses, or costs (including, without limitation, reasonable attorney’s fees, investigative and/or legal expenses, and costs of judgment, settlements, and court costs) (hereinafter “Claims”) suffered or incurred by such parties whether arising in tort, contract, strict liability, or otherwise and including, without limitation, personal injury, negligence, wrongful death, or property damage, regardless of the outcome of any such action, proceeding, or investigation caused by, related to, based upon, or arising out of the Club’s use of the Facilities, provision of Athletic Programs or activities, or otherwise, excluding Claims caused by the sole negligence of the City. The language of this indemnification clause shall survive the termination of this Agreement, even if the City terminates this Agreement for convenience.
j. The Club shall further either (a) require each of its Subcontractors to procure and to maintain during the term of his subcontract Subcontractor’s public liability and property damage and vehicle liability insurance of the type and in the same amounts as specified in the preceding paragraphs, or (b) insure the activities of the Club’s Subcontractors in the Club’s own insurance policy.
k. If the Club chooses to use the portion of the Facilities for concessions, the Club shall provide its own food and clean-up the area after each use to replicate its appearance prior to each use. The Club must obtain all required health certificates to serve said food and shall be responsible in accordance with subsection (d) above for any liability as a result of providing these concessions. No alcohol may be sold and/or served at any game, function or event on the Property and no alcohol may be possessed by anyone during the times the Club uses said Facilities.
l. The Club shall maintain a schedule of all functions at the facility and shall submit a report of all recorded functions of the previous year to the City each January to include date, use and number of participants.
m. The Club may not charge individual gate fees to Dunwoody residents for practices, games, meetings, clinics and demonstrations, except as part of an approved fund raising initiative.
n. The Club must provide a succession plan for its organization and annually report to the City its current board members and term limits.
o. The financial relationship shall be as follows:
i. Beginning January 1, 2022, the Club must pay the City an hourly rate of usage as defined in the City of Dunwoody Athletic Club Manual and Appendix. Prior to the season beginning any unused scheduled time may be credited to the Club for future use. Once the season begins, program credits will only be considered for dates that the facility is closed by the City or inclement weather cancellations that can’t be rescheduled during the make-up block time frame. Credit requests must be made in writing to the City.
ii. The Club is also entitled to make further contributions directly to the City towards capital improvements to the Facility at any time. The Club must indicate in writing for what those funds are to be used and the City shall restrict the usage of those funds to that purpose unless changed by both parties in writing. The Parks Director may approve all suggested projects as needed and will request approval from the City Manager or City Council as required by the City’s procurement policies and procedures. The City will manage the procurement of all goods and services towards these improvements.
iii. The Club must provide Form 990 to the CITY annually at the time it is filed with the IRS.
p. The Club may be subject to an independent annual audit at their expense as requested by the City and is subject to all requirements under Open Records Act O.C.G.A. §50-18-70 et seq.
q. Adhere to all other provisions contained in this agreement.
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