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| 505 Travis Street P.O. BOX 31109 SHREVEPORT, LOUISIANA 71130 | ||||
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FACT SHEET TITLE DATE ORIGINATING DEPARTMENT AN ORDINANCE AUTHORIZING October 13, 2009 PUBLIC ASSEMBLY THE USE OF THE CARGILL AND RECREATION SOCCER FACILITY BY CADDO BOSSIER SOCCER ASSOCIATION/SU AND TO SPONSOR OTHERWISE PROVIDE WITH RESPECT THERETO. SAME ____________________________________________________________________________ PURPOSE This ordinance would authorize the use of the Cargill Soccer facility by the Caddo-Bossier Soccer Association/SU (“CABOSA/SU”), a duly organized Louisiana non-profit corporation. ____________________________________________________________________________ BACKGROUND INFORMATION CABOSA/SU operates a youth soccer program which is open for membership to eligible youth residing within the City of Shreveport and surrounding areas. For the past several years, City and CABOSA/SU have cooperated in the development and operation of a youth soccer program using City’s soccer facilities to their mutual advantage. City and CABOSA/SU desire to continue this cooperation as the operation of this program provides a benefit to youth soccer participants and provides a wholesome recreational activity for all citizens of the City of Shreveport and surrounding areas. CABOSA/SU would remit the sum of $12,000.00 annually to the City for use of the facility. Payments shall be made in two (2) installments on or before October 1 of each year for the fall soccer season and on or before March 1 of each year for the spring season. TIMETABLE Introduction - October 13, 2009 Final Passage - November 10, 2009 PROCEDURAL REQUIREMENTS LSA-R.S. 33:4712 requires that notice of this ordinance be published at least three times within fifteen days, one week apart.
ALTERNATIVES 1. Adopt the ordinance as submitted. 2. Deny the ordinance. CONCLUSION Alternative number 1 is recommended. FACT SHEET PREPARED BY: Shelly Ragle, SPAR ORDINANCE NO. _______ OF 2009
BY: WHEREAS, CABOSA/SU operates a youth soccer program which is open for membership to eligible youth residing within the City of Shreveport and surrounding areas; and WHEREAS, for the past several years, City and CABOSA/SU have cooperated in the development and operation of a youth soccer program using City’s soccer facilities to their mutual advantage; and WHEREAS, the operation of this program provides a benefit to youth soccer participants and provides a wholesome recreational activity for all citizens of the City of Shreveport and surrounding areas which is a public purpose; and WHEREAS, LSA-R.S. 33:4712 requires that notice of this ordinance be published at least three (3) times within fifteen (15) days, one week apart. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened, that the use of the Cargill Soccer facility by Caddo-Bossier Soccer Association/SU is hereby authorized and the Mayor of the City of Shreveport is hereby authorized to execute, for and on behalf of the City of Shreveport, an Agreement with Caddo-Bossier Soccer Association/SU relative to the authorization granted herein, substantially in accord with the draft thereof which was filed for public inspection in the Office of the Clerk of Council on October 13, 2009. BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end the provisions of this ordinance are hereby declared severable. BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in conflict herewith are hereby repealed. APPROVED AS TO LEGAL FORM: _____________________________________ CITY ATTORNEY’S OFFICE
AGREEMENT THIS AGREEMENT is made and entered into this _____________day of _______________, 20____ by and between the City of Shreveport (“City”), a duly incorporated municipal corporation in the State of Louisiana represented herein by Cedric B. Glover, Mayor, duly authorized to act herein, and Caddo-Bossier Soccer Association/SU (“CABOSA/SU”), a non-profit corporation organized under the laws of the State of Louisiana, domiciled in Caddo Parish, Louisiana, represented herein by ______________________, ________________________, duly authorized to act herein. RECITALS WHEREAS, City owns and operates a soccer facility suitable for extensive play on multiple fields; and WHEREAS, CABOSA/SU operates a youth soccer program which is open for membership to eligible youth residing within the City of Shreveport and surrounding areas; and WHEREAS, CABOSA\SU traditionally holds three (3) to four (4) tournaments each year with upwards of seventy (70) teams at each tournament, with many of these teams being from out of town and thus spending the weekend having an positive economic impact on the area; and WHEREAS, City and CABOSA/SU desire to cooperate to their mutual advantage and for a public purpose in the operation of a soccer program using City’s soccer facilities; and WHEREAS, the operation of the soccer program by City and CABOSA/SU will provide a benefit to youth soccer participants and all citizens of the City of Shreveport and surrounding areas by providing a wholesome recreational activity. NOW THEREFORE, in consideration of the covenants and agreements herein contained, City and CABOSA/SU hereby agree as follows: 1. TERM Except as otherwise provided in Article 10, this Agreement shall be in effect from the date of execution through the 31st day of December 2011 (“initial term”) with the option to renew the Agreement, at City’s election, for two (2) additional terms of one (1) year each (“renewal term”). Each renewal term shall be subject to terms and conditions mutually agreed upon in writing by the parties. 2. PREMISES 2.1 City grants use of its soccer fields to CABOSA/SU and CABOSA/SU accepts from City the right and privilege to use, enjoy, and occupy the Cargill Soccer Facility during the following period: February 1 – May 1 of each year September 1 – November 1 and on other dates and at times mutually agreed upon by City and CABOSA/SU. The use and occupancy of the soccer fields and related facilities including but not limited to concessions area(s), parking lots, etc., shall be for the purpose of the play and enjoyment of soccer games and uses incidental thereto provided under CABOSA/SU’S auspices in accordance with the terms of this Agreement. The grant of use for the aforesaid premises shall be for the purpose stated in this section and for no other purpose whatsoever without the prior written consent of the City. 2.2 City shall prepare the soccer fields for play prior to any scheduled game or tournament. Such preparation may include but shall not be limited to field painting and markings, mowing, fertilization, watering, other agronomy practices, and removal of trash and debris from each field. 2.3 CABOSA/SU shall not permit any outside vendor(s) to sell goods at any soccer game and/or other event held on the premises without the prior written consent of City. 2.4 Subject to City’s prior approval CABOSA/SU shall have the right, at its expense, to erect temporary sponsorship signs on or about the premises. No sign erected pursuant to the provisions of this section shall be larger than 4’ x 8’. All signs shall comply with applicable provision of law. All signs shall be removed by CABOSA/SU, at its expense, at the end of each season and CABOSA/SU shall be responsible for the repair or replacement of any fence or other City property damaged by the erection, installation or removal of any such sign. 2. 6 In granting the use of the premises named herein, City does not relinquish the right to control the management thereof and to enforce all necessary and proper rules for the management and operation of same. To this end, City reserves the right to cancel any game or tournament scheduled to be played on any field upon a determination by City’s Director of Public Assembly and Recreation, or his designee that such use would adversely impact the condition of any field. The cancelled event may be rescheduled upon the mutual consent of the parties. 3. FEES 3.1 During the initial term of this Agreement, CABOSA/SU shall remit the sum of $12,000.00 annually to City as payment for the use of the soccer fields. Such payment shall entitle CABOSA/SU to use of the soccer fields for all scheduled practices, games and tournaments during the initial term of this Agreement. During the initial term of this Agreement, all payments shall be remitted to City by CABOSA/SU on or before October 1 of each year for the fall season and on or before March 1 of each year for the spring season. 3.2 Fees for any renewal term shall be subject to the mutual agreement of the parties however such fee shall not be less than the fee charged during the initial term of this Agreement. 4. CONCESSIONS CABOSA/SU acknowledges that food, soft drinks and other beverages are provided at the premises by means of a contract between City and an outside concessionaire. To this end, CABOSA/SU shall not permit the sale of any food or beverage item at or on the premises by any vendor other than a City approved concessionaire. 5. EQUIPMENT 5.1 Subject to availability, City shall provide nets, goals, and similar equipment as necessary for CABOSA/SU to conduct soccer games at the premises. 5.2 CABOSA/SU shall provide all practice equipment and such other additional equipment or replacement equipment, including but not limited to, nets and corner flags necessary to conduct soccer games or practice at the premises. 6. UTILITIES CABOSA/SU may avail itself of use of all utilities currently existing on the premises at City’s cost. 7. PERSONNEL CABOSA/SU shall provide and compensate all personnel required for its operations hereunder. 8. INDEMNITY AND HOLD HARMLESS CABOSA/SU hereby agrees to indemnify, defend and hold harmless City, its officers, agents and employees against any and all claims, demands, suits, damages and expenses (including reasonable attorneys fees for the defense thereof) to CABOSA/SU, City, or to any party for loss of life, or personal injury or property damage occurring on or about the premises, its surrounding area(s) or grounds, including but not limited to sidewalks and parking areas, arising out of or in connection with its use of the premises for the purpose stated herein. 9. INSURANCE. 9.1 CABOSA/SU undertakes and agrees, at its own expense, to provide and maintain in full force and effect at all times during the initial term or any renewal term of this Agreement Commercial General Liability Insurance in an amount not less than a combined single limit of one million dollars for bodily injury and one million dollars for property damage. This policy should be endorsed to name City as an additional insured. It is the intent of the City that the policy coverage should not be limited by an annual aggregate limitation. If this policy is to be limited by an aggregate annual limitation, the aggregate limitation shall not be less than one million dollars. 9.2 All coverage required by this section shall be effective under insurance policies issued by solvent insurance carriers qualified to do business in the State of Louisiana and having an A.M. Best Company rating of B+VII or better. This rating requirement is waived for the workers compensation only. City reserves the right to inspect any and all insurance policies required pursuant to this Agreement, prior to commencement of the services specified in the Agreement and anytime thereafter. 9.3 A Certificate of Insurance evidencing proof that such insurance coverage exists shall be furnished to City by CABOSA/SU before any part of the service specified by this Agreement are commenced. The said Certificate shall name City as an additional insured and include a provision that in case of cancellation or any material change in the coverage stated above City shall be notified thirty (30) days prior to such change or cancellation. Said provision shall include cancellation for nonpayment of premium. CABOSA/SU shall be liable for its subcontractors’ insurance coverage of the types and in the amounts stated above, and shall furnish City with copies of such Certificates of Insurance. 9.4 CABOSA/SU and all of its insurers shall, in regard to the above stated insurance, waive all right of recovery or subrogation against City, its officers, agents, or employees and its insurance companies. 9.5 City will give CABOSA/SU prompt notice in writing if the institution of any suit or proceeding and permit CABOSA/SU to defend same, and will give all needed information, assistance, and authority to enable CABOSA/SU to do so. CABOSA/SU shall similarly give City immediate notice of any suit or action filed or prompt notice of any claim arising out of the performance of the contract. CABOSA/SU shall immediately provide City with copies of all pertinent papers received by CABOSA/SU pursuant to this provision of the Agreement. 9.6 If any part of the services specified by this agreement is sublet, similar insurance shall be provided by or on behalf of the subcontractor to cover their operations, and evidence of such insurance, satisfactory to City, shall be furnished by CABOSA/SU. 10. TERMINATION AND CANCELLATION 10.1 For Cause A. Generally Except as otherwise provided herein, violation by either party of any covenant, agreement or condition herein shall be cause for termination hereof by the non-defaulting party if such default is not remedied within thirty (30) days of receipt of written notice to the defaulting party by certified mail, return receipt requested, specifying the nature of the default, unless a longer period of time is reasonably requested by the defaulting party to cure the default. If the default cannot be remedied within such period, and remedial effort is not commenced and diligently and continuously pursued by the defaulting party within such thirty (30) day period, the non-defaulting party shall have the right to proceed by appropriate judicial proceedings to enforce performance or observation of the applicable provisions of this Agreement and/or terminate this Agreement and recover damages to the extent permitted by law. B. City The above provision notwithstanding, City reserves the right to terminate this Agreement at any time upon the occurrence of either of the following: i) any time sufficient funds are not appropriated by the Shreveport City Council in order to allow City to fulfill its obligations hereunder; ii) any time City manpower or personnel are not sufficient to meet City’s obligations hereunder; iii) the facility, including soccer fields and all parts thereof, is needed for a public purpose. City acknowledges that termination for this cause shall not occur during the following time periods: February 1 – May 1 of each year September 1 – November 1 of each year City shall provide ninety (90) days advance written notice to CABOSA in case of termination for this cause. 10.2 Convenience of Either Party: Any party shall have the right to terminate this Agreement at its convenience upon ninety (90) day advance written notice to the other party. 10.3 Mutual Consent of the Parties: This Agreement may be terminated immediately by the mutual consent of City and CABOSA/SU. 11. MISCELLANEOUS PROVISIONS 11.1 It is understood that the premises provided herein for use by CABOSA/SU are owned by the City of Shreveport, a Louisiana municipal corporation. Any discrimination by CABOSA/SU, its agents, or employees, on account of race, sex, color, religion, disability or national origin, in the use of or admission to the premises is prohibited and shall result in immediate termination of this Agreement by City. 11.2 The parties hereto stipulate that the venue of any possible litigation arising under this shall be in Caddo Parish, Louisiana. 11.3 A representative of CABOSA/SU shall remain on the premises at all times during CABOSA/SU’S use of the premises for soccer games and other activities approved by City. 11.4 Any notices required or appropriate under this Agreement shall be given in writing to City and CABOSA/SU at the address shown below: To City: City of Shreveport Director of Public Assembly and Recreation 505 Travis Street, Suite 550 Shreveport, Louisiana 71101 To CABOSA/SU CABOSA/SU 1780 East Bert Kouns, Suite 901 Shreveport, Louisiana 71105 or such other address as either party may specify from time to time throughout the initial term or any renewal term of this Agreement. 11.5 Nothing contained herein or elsewhere in this agreement shall in any manner be deemed to create a partnership relationship between City and CABOSA/SU. 11.6 CABOSA/SU herein expressly agrees and acknowledges that it is an independent contractor as defined in R.S. 23:1021(6) and as such, it is expressly agreed and understood between the parties hereunto, in entering into this contract, City shall not be liable to CABOSA/SU for any benefits or coverage as provided by the Worker’s Compensation Law of the State of Louisiana, and further, under the provision of R.S. 23:1034, anyone employed by CABOSA/SU shall not be considered an employee of City for purposes of Worker’s Compensation coverage. 11.7 CABOSA/SU herein expressly declares and acknowledges that it is an independent contractor, and as such, it is expressly declared and understood between the parties hereto that: a) CABOSA/SU has been and will be free of any control or direction by City over the performance of the services covered by this Agreement; b) The services to be rendered by CABOSA/SU are outside the normal scope of City’s usual business and c) CABOSA/SU has been independently engaged in performing the services listed herein prior to the date of this Agreement. Consequently, neither CABOSA/SU nor anyone employed by CABOSA/SU shall be considered an employee of City for the purpose of unemployment compensation coverage, the same being hereby expressly waived and excluded by the parties hereto. 11.8 It is expressly understood that failure or delay on the part of either party hereto in the performance, in whole or part, of the terms of this agreement, if such failure is attributable to acts of God, fire, flood, inevitable accidents, riots, insurrection, public commotion, embargo, emergency or governmental orders, regulations, priority, or other limitations or restrictions, or other cause beyond the control of either party hereto, shall not constitute a breach hereof nor a default hereunder. 11.9 None of the funds, materials, property or services provided directly or indirectly under the terms of this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. 11.10 No failure of either party to exercise any power or right given hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of the other party's right to demand at any time exact compliance with the terms hereof. 11.11 This Agreement shall be binding upon and inure to the benefit of the parties hereto, their legal representatives, successors and assigns. 11.12 This Agreement shall be reasonably construed and substantial compliance with its terms, conditions and obligations is hereby intended, unless the context or a literal compliance requires otherwise. Whenever approval or consent is herein required, the same shall not be unreasonable or arbitrarily withheld. 11.13 If any provision or item of this Agreement is held invalid, such invalidity shall not effect other provisions or items of this Agreement which can be given effect without the invalid provisions and to this end the agreement is hereby declared severable. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed in multiple original copies, this _______________ day of ____________________, 20___. WITNESSES: CITY OF SHREVEPORT ______________________________ BY: __________________________ Cedric B. Glover, MAYOR ______________________________ WITNESSES: CADDO-BOSSIER SOCCER ASSOCIATION/SU _______________________________ BY: __________________________
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