HomeMy WebLinkAbout12/19/2001 - STAFF REPORTS (7) J
DATE: December 19, 2001
TO: City Council
FROM: Director, Department of Parks, Recreation and Facilities
AMERICAN YOUTH SOCCER ORGANIZATION AGREEMENT
RECOMMENDATION:
That City Council approve a three-year agreement between the City of Palm
Springs and the American Youth Soccer Organization (AYSO) to promote and
provide soccer for the youth of Palm Springs.
SUMMARY:
City Council is being asked to approve a three-year agreement between the City
of Palm Springs and AYSO to promote and provide soccer forthe youth of Palm
Springs. AYSO's compensation to the City for use of City facilities over the next
three years will be based on 18% of its registration fees.
BACKGROUND:
On October 6, 1999, the City Council approved a three-year agreement with AYSO
to promote and provide soccer for the youth of Palm Springs.The agreement expired
on October 6, 2001.
The proposed agreement content is consistentwith past agreements the City has had
with AYSO. The highlight of this agreement is the compensation for use of City
facilities.AYSO's compensation to the City over the next three years will be based on
18%of the registration fees.All payments will be due on October 1 of each agreement
year. In the previous agreement,the compensation to the City started at 15%for year
1; 16.5% for year 2; and 18% for year 3.
In addition to the change in compensation to theCity, the following has been added
to Section 2.2:
"Volunteer coaches will undergo training in the basics of coaching children to ensure
they understand the important role they play in providing a safe and fun experience.
Parents will be required to attend a sportsmanship training program so that proper
conduct can be defined and they have a clear outline of roles and responsibilities.
Parents must sign and agree to abide by the "Kids Zone Parent Pledge."
The remainder of the agreement is consistent with prior agreements.
114
AMERICAN YOUTH SOCCER ORGANIZATION AGREEMENT
DATE: December 19, 2001
PAGE: Two
At its October 17 meeting,the Parks and Recreation Commission unanimously (7/0)
votes to recommend that City Council approve this three-year agreement.
OTT MIKESELL, Director
i Department of Parks, Recreation and Facilities
APPR0�7ED,.
City Manager
ATTACHMENT:
1. Agreement
2. Minute Order
REVIEWED BY DEPI OF FINANCE
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AGREEMENT
This Agreement, hereinafter referred to as "Agreement," made and entered into this
day of , 2001, between the City of Palm Springs, California, hereinafter
referred to as "City," and the American Youth Soccer Organization, hereinafter referred to as
"AYSO."
Whereas the City and AYSO are mutually interested in providing quality recreational activities
for the youth of Palm Springs; and
Whereas the City and AYSO desire to undertake an effort through fulfillment of these goals; and
Whereas it is recognized that through a cooperative agreement between the City and AYSO, the
community will be afforded the fulfillment of a major recreational goal for youth.
Now, therefore, the City and AYSO do hereby mutually agree as follows:
1. INTENT OF AGREEMENT
1.1 It is the intent of this agreement to describe the responsibilities of the City and
AYSO in their cooperative effort to effectively promote and provide soccer for the
youth of Palm Springs.
2. AREAS OF RESPONSIBILITY
2.1 Field Use and Scheduling
2.1.1 The City shall make available to AYSO seven (7) soccer fields
located at DeMuth Park(collectively"City Facilities") from the last
week in August through February from 3:00 p.m. to 10:00 p.m.,
Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday.
2.1.2 Off-season use shall be requested on a separate Facility Use
Application and submitted to the City's Recreation Manager one (1)
month prior to use.
2.1.3 AYSO must inform the City if it intends to operate the concession
at DeMuth Park or if it will have a concessionaire operate the
facility for it. The concessionaire must be approved by the City and
must have a City business license. AYSO will pay a concession fee
of One Thousand Dollars ($1,000) per year to the City, due and
payable on October 1 of each year. This concession payment will
be spent on improvements to the concession stand. Improvements
will be mutually agreed upon by City and AYSO in advance of any
expenditure commitment.
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AGREEMENT
City and AYSO
2.2 Membership, Registration and Bylaws
2.2.1 AYSO must insure that its program is conducted in accordance with
the Region 80 Regional Guidelines. It shall be the responsibility of
the City to investigate concerns or complaints regarding violation
of the statements and take appropriate action.
2.2.2 The City recommends that all coaching staff, referees and board
members be currently certified in cardiopulmonary resuscitation and
first aid.
2.2.3 Volunteer coaches will undergo training in the basics of coaching
children to ensure they understand the important role they play in
providing a safe and fun experience. Parents will be required to
attend a sportsmanship training program so that proper conduct can
be defined and they have a clear outline of roles and
responsibilities. Parents must sign and agree to abide by the "Kids
Zone Parent Pledge" (copy attached).
2.3 Playing Equipment
2.3.1 AYSO shall provide, at its sole cost and expense, safety equipment
that is reasonably adequate to protect users of the City Facilities
from injuries arising from AYSO' activities under this Agreement.
2.3.2 AYSO shall pay for and assume full responsibility for all supplies,
equipment and uniforms relating to the program.
2.4 Compliance with Park Rules and Regulations
2.4.1 AYSO agrees to support the City by informing its participants of,
and making its best efforts to assure that its participants adhere to,
park rules and regulations (Chapter 11.44 of the Palm Springs
Municipal Code).
2.4.2 An adult designated by AYSO, who shall be qualified to supervise
youth activities, shall be present at all practices and games to
enforce park rules and regulations.
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AGREEMENT
City and AYSO
2.5 Field Maintenance, Preparation and Utilities
2.5.1 The City's Parks Division shall annually prepare the fields for play
before the first (1st) week in September (including the installation
of the center field goal posts at DeMuth Park).
2.5.2 The City shall regularly water the playing fields, maintain the lawn
areas and repair potholes. Failure of the City to perform the duties
under this Section 2.5.2 shall not, however, be construed as a
default hereunder or subject the City to any liability to AYSO or
any users of the City Facilities.
2.5.3 The City shall pay for the electrical power to light the fields for
practice and league games. The City shall also replace and realign
the field lights as needed.
2.5.4 AYSO shall purchase and store chemicals required to line fields.
2.6 Communications
2.6.1 The City's assigned representative shall act as a resource liaison
between the City and the AYSO person concerning City Facilities
operational matters.
2.6.2 AYSO shall provide the City annually with current AYSO rules and
regulations.
2.7 Program Evaluation
2.7.1 AYSO agrees to provide the City with information necessary to
monitor and evaluate AYSO's compliance with this Agreement.
2.7.2 Program evaluation shall occur as needed throughout the season and
formally at the conclusion of the season.
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AGREEMENT
City and AYSO
2.8 Compensation for Park Use
2.8.1 For use of the fields, AYSO shall make compensation to the City a
percentage of its registration fees, in accordance with the following
payment schedule:
Year 1: 18.0% due October 1, 2002
Year 2: 18.0% due October 1, 2003
Year 3: 18.0% due October 1, 2004
3. INSURANCE AND INDEMNIFICATION
3.1 AYSO shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement, including
any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per-occurrence basis. A combined
single limit of$1,000,000.00.
(b) Worker's Compensation Insurance. In the event AYSO hires any
employees so defined in the Labor Code's Worker's Compensation Section,
a policy of worker's compensation insurance shall be procured and
maintained in such amount as will fully comply with the laws of the State
of California and that shall indemnify, insure and provide legal defense for
both AYSO and City against any loss, claim or damage arising from any
injuries or occupational diseases occurring to any worker employed by or
any persons retained by AYSO in the course of carrying out the work or
services contemplated in this Agreement.
All of the above policies of insurance shall be primary insurance and shall name
the City, its officers, employees and agents as additional insureds. The insurer
shall waive all rights of subrogation and contribution it may have against City, its
officers, employees and agents and their respective insurers. All of said policies
of insurance shall provide that said insurance may not be amended or canceled
without providing thirty (30) days' prior written notice by registered mail to the
City. In the event any of said policies of insurance are canceled, AYSO shall,
prior to the cancellation date, submit new evidence of insurance in conformance
with this Section 3.1 to the Contract Officer.
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AGREEMENT
City and AYSO
No work or services under this Agreement shall commence until AYSO has
provided City with Certificates of Insurance or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or
binders are approved by City.
AYSO agrees that the provisions of this Section 3.1 shall not be construed as
limiting in any way the extent to which AYSO may be held responsible for the
payment of damages to any persons or property resulting from AYSO's activities
or the activities of any person or persons for which AYSO is otherwise
responsible.
In the event AYSO subcontracts any portion of the work in compliance with
Section 8.4 of this Agreement, the contract between AYSO and such subcontractor
shall require the subcontractor to maintain the same policies of insurance that
AYSO is required to maintain pursuant to this Section 3.1.
3.2 Sufficiency of Insurer or Surety
Insurance of bonds required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most
recent edition of Best Rating Guide, The Key Rating Guide or in the Federal
Re i�ster,and only if they are of a financial category Class VII or better,unless such
requirements are waived by the Risk Manager of the City ("Risk Manager") due to
unique circumstances. In the event the Risk Manager determines that the work or
services to be performed under this Agreement creates an increased or decreased risk
of loss to the City, AYSO agrees that the minimum limits of the insurance policies
and the performance bond required by this Section 3 may be changed accordingly
upon receipt of written notice from the Risk Manager; provided that AYSO shall
have the right to appeal a determination of increased coverage by the Risk Manager
to the City Council of City within ten (10) days of receipt of notice from the Risk
Manager.
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AGREEMENT
City and AYSO
3.3 Indemnification
AYSO agrees to indemnify the City, its officers, agents and employees against and
shall hold and save them and each of them harmless from any and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities (herein "claims or liabilities") that may be asserted
or claimed by any persons, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of AYSO, its agents,
employees, subcontractors or invitees provided for herein, or arising from the
negligent acts or omissions of AYSO hereunder, or arising from AYSO's negligent
performance of or failure to perform any term, provision, covenant or condition
of this Agreement, but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who
are directly responsible to the City, and in connection therewith:
3.3.1 AYSO shall defend any action or actions filed in connection with any of
said claims or liabilities and shall pay all costs and expenses, including
legal costs and attorneys' fees incurred in connection therewith;
3.3.2 AYSO shall promptly pay any judgment rendered against the City, its
officers, agents or employees for any claims or liabilities arising out of or
in connection with the negligent performance of or failure to perform such
work, operations or activities of AYSO hereunder; and AYSO agrees to
save and hold the City, its officers, agents and employees harmless
therefrom;
3.3.3 In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against AYSO for such
damages or other claims arising out of or in connection with the negligent
performance of or failure to perform the work, operation or activities of
AYSO hereunder and there are no allegations that the City, its officers,
agents or employees were actively negligent, AYSO agrees to pay City, its
officers, agents or employees any and all costs and expenses incurred by
the City, its officers, agents or employees in such action or proceeding,
including, but not limited to, legal costs and attorneys' fees.
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AGREEMENT
City and AYSO
4. WAIVER OF UTILITY FAILURE
4.1 AYSO expressly waives any and all claims to the City for compensation for any
and all losses or damages sustained for any reason or any defect, deficiency or
impairment of any utility system, water supply system, drainage system, electrical
apparatus or wires serving DeMuth Park with respect to the loss of these fields for
AYSO functions.
5. ENFORCEMENT OF AGREEMENT
5.1 California Law
This Agreement shall be construed and interpreted both as to validity and to
performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
AYSO covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
5.2 Disputes
In the event of any dispute arising under this Agreement, the injured party shall
notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10) days of
service of such notice and completes the cure of such default within forty-five (45)
days after service of the notice, or such longer period as may be permitted by the
injured party; provided that if the default is an immediate danger to the health,
safety and general welfare, such immediate action may be necessary. Compliance
with the provisions of the section shall be a condition precedent to termination of
this Agreement for cause and to any legal action, and such compliance shall not be
a waiver of any party's right to take legal action in the event that the dispute is not
cured, provided that nothing herein shall limit City's or AYSO's right to terminate
this Agreement without cause pursuant to Section 5.8.
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AGREEMENT
City and AYSO
5.3 Retention of Funds
AYSO hereby authorizes City to deduct from any amount payable to AYSO
(whether or not arising out of this Agreement) (i) any amounts, the payment of
which may be in dispute hereunder or which are necessary to compensate City, for
any losses, costs, liabilities or damages suffered by City, and (ii) all amounts for
which City may be liable to third parties by reason of AYSO's acts or omissions
in performing or failing to perform AYSO's obligation under this Agreement. In
the event that any claim is made by a third party, the amount or validity of which
is disputed by AYSO, or any indebtedness shall exist that shall appear to be the
basis for a claim or lien, City may withhold from any payment due, without
liability for interest because of such withholding, any amount sufficient to cover
such claim. The failure of City to exercise such right to deduct or to withhold
shall not, however, affect the obligations of AYSO to insure, indemnify and
protect City as elsewhere provided herein.
5.4 Waiver
No delay or omission in the exercise of any right or remedy by a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other
party's consent to or approval of any subsequent act. Any waiver by either party
of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
5.5 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
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AGREEMENT
City and AYSO
5.6 Legal Action
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
5.7 Termination Prior to Expiration of Term
This section shall govern any termination of this Agreement except as specifically
provided in the following section for termination for cause. City reserves the right
to terminate this Agreement at any time,with or without cause,upon thirty(3 0)days'
written notice to AYSO, except,that where termination is due to the fault of AYSO,
the period of notice may be much shorter time as may be determined by the Contract
Officer. If City elects to terminate this Agreement under this section, AYSO is
entitled to reimbursement of a pro-rated amount of the annual park use
compensation. In addition,AYSO reserves the right to terminate this Agreement at
any time,with or without cause,upon sixty(60)days'written notice to City,except,
that where termination is due to the fault of City, the period of notice may be such
shorter time as AYSO may detennine.
5.8 Attorneys' Fees
If either party to this Agreement is required to initiate or defend or made a party
to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief that
may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and,
in addition, a party entitled to attorneys' fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery,
and all other necessary costs the court allows that are incurred in such litigation.
All such fees shall be deemed to have accrued on commencement of such action
and shall be enforceable whether or not such action is prosecuted to judgment.
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AGREEMENT
City and AYSO
6. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
6.1 Non-Liability of City Officers and Employees
No officer or employee of the City shall be personally liable to AYSO, or any
successor in interest, in the event of any default or breach by the City or for any
amount that may become due to AYSO or to its successor, or for breach of any
obligation of the terms of this Agreement.
6.2 Non-Liability of AYSO Officers and Employees
No officer or employee of AYSO shall be personally liable to the City, or any
successor in interest, in the event of any default or breach by AYSO or for any
amount that may become due to City or to its successor, or for breach of any
obligation of the terms of this Agreement.
6.3 Conflict of Interest
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement that affects his financial interest or the
financial interest of any corporation, partnership or association in which he is,
directly or indirectly, interested in violation of any state statute or regulation.
AYSO warrants that it has not paid or given and shall not pay or give any third
party any money or other consideration for obtaining this Agreement.
6.4 Covenant Against Discrimination
AYSO covenants that, by and for itself, its heirs, executors, assigns and all persons
claiming under or through them, there shall be no discrimination against or
segregation of any person or group of persons on account of race, color, creed,
religion, sex, marital status, national origin or ancestry in the performance of this
Agreement.
7. MISCELLANEOUS PROVISIONS
7.1 Notice
Any notice, demand, request, document, consent, approval or communication
either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail,
in the case of the City, to the City Manager and to the attention of the Contract
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AGREEMENT
City and AYSO
Officer, CITY OF PALM SPRINGS, P. O. Box 2743, Palm Springs, California
92263-2743, and, in the case of AYSO, to the person at the address designated on
the execution page of this Agreement. Either party may change its address by
notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72)
hours from the time of mailing if mailed as provided in this section.
7.2 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason
of the authorship of this Agreement or any other rule of construction that might
otherwise apply.
7.3 Integration; Amendment
It is understood that there are no oral agreements between the parties hereto
affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this Agreement. This
Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
7.4 Severability
In the event that any one or more of the phrases, sentences, clauses, paragraphs or
sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs or sections of this Agreement hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless the invalid
provision is so material that this invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
7.5 Corporate Authority
The persons executing this Agreement on behalf of the parties hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provision of this Agreement,
and (iv) the entering into this Agreement does not violate any provision of any
other agreement to which said party is bound.
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AGREEMENT
City and AYSO
8. COORDINATION OF WORK
8.1 Representative of AYSO
The following principals of AYSO are hereby designated as being the principals
and representatives of AYSO, authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Jim Engel, Regional Commissioner
68-310 Tortuga
Cathedral City, CA 92234
8.2 Contract Officer
The Contract Officer shall be such person as may be designated by the City
Manager of City. It shall be AYSO's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and
AYSO shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall
need the approval of the Contract Officer. The Contract Officer shall have
authority to sign all documents on behalf of City required hereunder to carry out
the terms of this Agreement.
8.3 Prohibition Against Subcontracting or Assignment
The experience, knowledge, capability and reputation of AYSO, its principals and
employees were a substantial inducement for City to enter into this Agreement.
Therefore, AYSO shall not contract with any other entity to perform, in whole or
in part, the services required hereunder without the express written approval of
City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by
operation of law, whether for the benefit of creditors or otherwise without the prior
written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty-five
percent (25%) of the present ownership and/or control of AYSO, taking all
transfers into account on a cumulative basis. In the event of any such unapproved
transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release AYSO or any surety of AYSO of any liability
hereunder without the express consent of City.
8.4 Independent Contractor
Neither City nor any of its employees shall have any control over the manner,
mode or means by which AYSO, its agents or employees, perform the services
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AGREEMENT
City and AYSO
required herein, except as otherwise set forth herein. City shall have no voice in
the selection, discharge, supervision or control of AYSO's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of
service. AYSO shall perform all services required herein as an independent
contractor of City and shall remain at all tunes as to City a wholly independent
contractor with only such obligations as are consistent with that role. AYSO shall
not at any time or in any manner represent that it or any of its agents or employees
are agents or employees of City. City shall not in any way or for any purpose
become or be deemed to be a partner of AYSO in its business or otherwise or a
joint venturer or a member of any joint enterprise with AYSO.
9. TERM
9.1 Unless earlier terminated in accordance with Section 5.7 of this Agreement, this
Agreement shall continue in full force and effect for a period not exceeding three
(3) years from the date hereof, except as otherwise provided.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM: PALM SPRINGS AYSO
RUTAN & TUCKER By:
Board Member
By:
City Attorney Board Member
By:
Board Member
By:
Board Member
13 / /4 /r-
American Youth Soccer Organization Please complete all requested information Volunteer Application
_- i„1111V.soccecorg _. and sign on reverse.
AYSO ID# Social Security Number Section Area Region
Last Name First Name MI Suffix Nickname
Telephone Street Address City St Zip
If you have lived at the above Prior Address City St. Zip
address for less than five years,
lease list prior address
Business/Employer BBusinesslTelephone Fax l e-mail address
\ / \ /
Gender Birth Date Driver's License Number State Expiration OR Photo to Number State Expiration
El
❑ F
I Volunteer to Coach Name(s)of my Child(ren)I wish to Coach I Volunteer to Referee I Volunteer for the Following
Administrative Position
❑ Team Coach ❑ Referee ❑
My Child's School Name
❑ Assistant Coach El Assistant Referee ❑
Years of Experience Years of Experience Years of Experience
PROFESSIONAL REFERENCE(Employment,School Church or Other Drawn.zation
Last Name First Name Relationship
Telephone — Street Address City St. Zip
PERSONAL REFERENCE Non-Relative known at leas[one vearand must be different from Professional Reference
Last Name First Name Relationship
Telephone — Street Address City St. Zip
PRIOR VOLUNTEER REFERENCE 0 our offer Youth-Related experience)
Organization Name Your Volunteer Position in Organization Dates of Your Volunteer Activity
Reference Last Name Reference First Name Reference's Position in Organization
Telephone — Street Address City St Zip
D\(ISCLOJ\SURE STATEMENT
I have read and understand that I may be disqualified and prohibited from serving as an employee or volunteer of
AYSO if, among other things, 1 have:
1) Been convicted (including crimes of record which have been expunged and pleas of "no contest") of a crime of child
abuse, sexual abuse of a minor, physical abuse, causing a child's death, neglect of a child, murder, manslaughter,
felony assault or any assault against a minor, kidnapping, arson, criminal sexual conduct, prostitution related
crimes, controlled substance crimes, or any other felony;
2) Been adjudged liable for civil penalties or damage involving sexual, physical or verbal abuse of children;
3) Been subject to any court order involving any sexual, physical or verbal abuse of a minor, including, but not limited
to, a domestic or protection order;
4) Had parental rights terminated;
5) A history with another organization (volunteer, employment, etc.) of complaints of sexual, physical or verbal abuse
of minors;
6) Resigned, been terminated or been asked to resign from a position, whether paid or unpaid, due to a complaint(s) of
sexual, physical or verbal abuse of minors;
7) A history of behavior that indicated I may be a danger to children in the AYSO program.
Please see thgrsid'e �> =
DISCLAIMER:
Do any of the statements on reverse side apply to you? ❑Yes ❑No
If you checked "YES"to any disclosure item, please indicate number(s) and attach an explanation on
separate page.
WAIVER, CONSENT AND RELEASE OF LIABILITY:
I hereby consent to the investigation and verification of all information given in this application, including searches of
law enforcement and public records (including driving records and criminal background checks), contact with former
employers and reference interviews. I hereby release and agree to hold harmless AYSO and its officers, employees
and volunteers, and any person or organization that provides information for or to AYSO, concerning the use of or any
attempt to verify the information provided in this application. I declare that all of the information given by me in this
application is true and complete to the best of my knowledge, and I understand that any misrepresentation or
omission may be cause for suspension or dismissal from my volunteer status with AYSO.
If accepted as an AYSO volunteer, I hereby agree to abide by the AYSO Bylaws, rules, regulations, policies and
philosophies, and all decisions and directions of the Regional Board, Area and Section staff, and the National Board
of Directors, and understand that I may be removed as an AYSO volunteer at any time with or without cause.
DISCLAIMER, ASSUMPTION OF RISK AND WAIVER: For myself and on behalf of my heirs, assigns and next of kin, I
acknowledge that participation in soccer necessarily involves travel, participation on adverse field conditions, contact with
considerable force, and risk of severe, permanent physical injury including bruises, scrapes, strained, sprained or torn
muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury,
paralysis and death. For myself, and on behalf of my heirs, assigns and next of kin, I willingly and voluntarily accept and
assume all such risks of participation.
I further acknowledge that the American Youth Soccer Organization ("AYSO") is primarily administered by volunteers rather
than paid professionals.
In consideration of accepting the registration and permitting my voluntary participation in its programs, for myself and on
behalf of my heirs, assigns and next of kin, I hereby release, discharge and agree to hold harmless AYSO, its employees,
volunteers, officials, sponsors and other representatives and any and all owners, lessors, lessees or other persons or entities
allowing, permitting or authorizing the use of facilities by AYSO and the agents, employees, officers and directors of said
persons or entities from any and all claims, demands, costs, expenses and compensation arising out of or in any way related
to any injury or other damage that may result to me or to members of my familiy or my household or individuals I invite or for
whom I am otherwise responsible while participating in or present at any AYSO-sponsored event, including any physical or
other injury caused by the negligence of any person or entity described above.
ACKNOWLEDGMENT AND CONSENT: I acknowledge receipt of the Soccer Accident Insurance pamphlet and I understand
the terms of the Plan. I acknowledge that AYSO may compile and use addresses and soccer photographs of me for any
purpose whatsoever. I consent to such uses and hereby waive all rights to compensation.
I HAVE READ THE ABOVE DISCLOSURE STATEMENT, WAIVER, CONSENT AND RELEASE OF LIABILITY,
DISCLAIMER, ASSUMPTION OF RISK AND WAIVER, AND ACKNOWLEDGMENT AND CONSENT AGREEMENTS,
FULLY UNDERSTAND THE TERMS OF EACH, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY MY
SIGNING THIS FORM AND AGREEING TO THESE TERMS, AND I SIGN THIS FORM AND AGREE TO THESE TERMS
FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT OF ANY KIND.
Signature: Date:
For AYSO Regional Use Only
Current Phalo ID
Verifietl
New Volapp 1;99
1417
AYSO
kids
zone.
0
AYSO A Kids Zone
In recent months, the national media has focused on the negative, even
violent, behavior of players, coaches and parents involved in youth sports. In
a proactive effort to counteract this trend of violence, AYSO has initiated a
program called Kids Zone.
As part of AYSO's education agenda, Kids Zone is a dynamic program
targeted to eliminate negative sideline behavior. It is aimed toward
producing a thoroughly positive impact on everyone involved in youth
soccer. To execute this program, three basic elements are involved:
1. The Button. This is a pin-on button bearing the program's logo. This
will be worn by program supporters at games, and will serve as a
reminder of the importance of positive sideline behavior.
2. The Sign. A large sign, which lists positive behavior standards, will
be posted at the entrance of participating fields. Parents and spectators
who will abide by these standards are welcome—all others are not.
3. The Pledge. We request AYSO parents to sign a pledge that holds
them to the Kids Zone standards.
C 2001 American Youth Soccer Organization 44 A
Tools for Parents
The following ideas may be helpful for being an AYSO supportive parent.
Conversations before the games
• Tell your child you love him/her regardless of the outcome.
• Tell him or her"Go for it, give it your best shot and have fun!"
During the game
• Understand that kids are over-stimulated during games. The coach may be giving
instructions, opponents and teammates are talking, the crowd is cheering, and the
referee is blowing the whistle. To a youth sports participant, the atmosphere is much
like that of a fighter pilot with enemy jets racing all around. Do not yell instructions
to your child during the game because it only adds to the confusion. Sometimes the
best thing you can do as a parent is to be quiet.
• Cheer and acknowledge good plays by both teams.
After the game
• Thank the officials for doing a difficult job.
• Thank the coaches for their efforts. Understand that after a difficult loss is not a good
time to question a coach.
• Thank your opponents for a good game.
• Congratulate your child and his or her teammates for their efforts.
• Compliment individual players on good plays they made in the game.
During the car ride home
• Point out a good play your child made during the game.
• Avoid criticizing or correcting mistakes.
• Ask open-ended questions about how the game was played rather than how many
points were scored. Here are examples of open-ended questions that might apply:
✓ Did you have fun?
✓ Did you give it your best effort?
✓ What did you learn from the game?
✓ What was the best play you made and how did it feel?
✓ Did you bounce back from your mistakes?
AYSO recognizes the efforts and advancements made by the Positive Coaching Alliance in Honor ofthe
Game. The Kids Zone Parent Pledge is adapted from Positive Coaching Alliance's Parent Pledge
(www.positivecoach.org)
0 2001 American Youth Soccer Organization 1410
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Kids Zone Parent Pledge
Please read, initial each item, sign at the end, and return to the coach or the
appropriate AYSO volunteer.
1. I pledge to be on time or early when dropping off my child for a practice or game.I understand that it
is embarrassing for my child to be late to a game or practice and that I am putting him/her at physical
risk by not providing adequate time for warm up. I understand the importance of picking up my child
on time for all games and practices.This shows respect for the coach,who has other time
commitments,and it tells my child that he or she is my top priority.
2. I understand that the top three reasons kids play sports are to have fun,make new friends and learn
new skills.I understand that the game is for the kids,and that I will encourage my child to have fun
and keep sport in its proper perspective. I understand that athletes do their best when they are
emotionally healthy,so I will be positive and supportive.
3. I will redefine what it is to be a"Winner"in my conversations with my child.A Winner is someone
who makes maximum effort,continues to learn and improve,and does not let mistakes,or fear of
making mistakes, stop them.I understand that mistakes are an inevitable part of any game and that
people learn from their mistakes. I understand that all children are born with different abilities and that
the true measure is not how my child compares to others but how he/she is doing in comparison to
his/her best self.
4. I will"Honor the Game."I understand the importance of setting a good example of sportsmanship to
my child.No matter what others may do, I will show respect for all involved in the game including
coaches,players, opponents,opposing fans,and referees. I understand that officials,coaches,and
players make mistakes. If the referee makes a"questionable"call,I will continue to respect the
individual and be silent!
5. I understand that games can be exciting times for my child who is trying to deal with the fast-paced
action of the game,respond to opponents,referees,teammates and listen to coaches.I will not add
confusion by yelling out instructions.During the game,I will limit my comments to encouraging my
child and other players for both teams.
6. I will not make negative comments about the game,coaches,referees or teammates in my child's
presence.I understand that this plants a seed,which can negatively influence my child's motivation and
overall experience.
I agree to honor the AYSO Parent Pledge in my words and actions.
Parent Signature Print Child's Name
0 2001 American Youth Soccer Organization 14 a D
ALERTI.
You are AYSO
entering kmids
an zone,
By entering this
kids zone, •"
you agree to
the following:
• Kids are #f
• Fun — not winning — is everything
• Fans only cheer, and only coaches coach
• No yelling in anger
• Respect the volunteer referees
• No swearing
• No smoking
• Leave no trash behind
• Set a proper example for our children
If you can agree to the above, we welcome you.
IF NOT, WE ASK THAT YOU PLEASE LEAVE NOW.
AYSO - it's for the kids!
0 2001 American Youth Soccer Organization
MINUTE ORDER NO.
APPROVING THE THREE-YEAR AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE AMERICAN YOUTH
SOCCER ORGANIZATION (AYSO) TO PROMOTE AND
PROVIDE SOCCER FOR THE YOUTH OF PALM SPRINGS.
I HEREBY CERTIFY that this Minute Order, approving the three-year agreement between
the City of Palm Springs and the American Youth Soccer Organization (AYSO)to promote
and provide soccer for the youth of Palm Springs, was adopted by the City Council of the
City of Palm Springs, California, in a meeting thereof held on the 19"day of December,
2001.
BY: PATRICIA A. SANDERS
City Clerk