Blair Youth Sports ComplexCOVID-19: Addendum to Agreement for Use of Municipal
Property for Sports or Other Recreational Activities
This Addendum to Agreement ("Addendum") is made and entered into as of
the 24th day of June, 2020, by and between Blair Youth Sports Complex, Inc., Blair
FC ("Licensee") and City of Blair, Nebraska ("Licensor").
RECITALS
A. The parties previously executed an Agreement effective as of April 1, 2020,
(the "Agreement") relating to certain real property as described in the
Agreement (the "Premises").
B. Licensee has utilized the Premises for organizing and operating adult
and/or youth team sports on municipal playing field(s), court(s), or other
grounds suitable for sports and other recreational activities, and/or the
associated structures and improvements included therewith.
C. Licensor recognizes the additional requirements associated with operating
the Premises as a result of the ongoing COVID-19 and novel coronavirus
situation.
D. Licensee desires to continue to utilize the Premises for adult and/or youth
team sports or other recreational activities and is willing to enter into this
Addendum in order to ensure that the operation of the real property during
all practices and games follows the current applicable rules for safe
operation.
E. The parties desire to amend the Agreement to clarify certain management
obligations of Licensee in effect as a result of the COVID-19 and novel
coronavirus situation.
NOW THEREFORE, Licensor and Licensee agree as follows:
1. Management. The parties acknowledge and agree that Licensee shall
be solely responsible for the operation and management of the Premises during the
term of the Agreement when the Premises are being utilized for organized adult
and/or youth team sports or other recreational activities, including, but not limited
to, games, practices, and related activities. Licensee shall be responsible for
operating and managing the Premises in accordance with all applicable rules and
regulations of any governmental entity with jurisdiction over the Premises,
including, but not limited to, the June 19th Statewide Sports Reopening Guidelines,
and DHM's issued by the State of Nebraska effective June 22nd, 2020 attached
hereto as Exhibit "A" and incorporated herein by this reference, any other
comparable guidelines that may be promulgated by the State of Nebraska regarding
sports or other recreational activities, and any amendments, replacements, or
supplements thereto, any applicable directed health measure, and all resolutions
and ordinances of Licensor (collectively the "Rules"). Licensee represents and
covenants to Licensor that Licensee is familiar with the Rules and that Licensee
shall operate and manage the Premises in accordance with the Rules. Licensee shall
ensure that all coaches or appropriate personnel utilizing the Premises shall conduct
themselves and their teams in accordance with the Rules. Licensee agrees to provide
training and education as appropriate to all coaches or team managers to ensure
that the Rules are followed.
2. Maintenance. Licensee shall be responsible to maintain the Premises
in accordance with the Rules so that the Premises may be utilized for youth sports
activities hereunder. Such obligation shall include, but not be limited to, cleaning
and sanitizing restroom facilities regularly while players and fans are present, if any
such restroom facilities are included and open for use on the Premises. Licensee
shall also ensure that the concession stand, if any, remains closed so long as the
same is required by the applicable Rules. Licensee shall ensure that the restrooms,
concession stands, or bleachers are only utilized in accordance with the applicable
Rules and that any spectators are those permitted to be in attendance at the
Premises in accordance with the Rules.
3. Insurance. During the term of the Agreement, Licensee shall, at its
own cost and expense, procure and continue in force such insurance policies as are
required by Licensor. Such insurance shall, at a minimum include commercial
general liability insurance with a combined policy limit of at least $1,000,000 or
such other amount as is reasonably agreed to by the parties. Licensor shall be
named as an additional named insured on all such policies of insurance. A renewal
policy shall be procured not less than ten (10) days prior to the expiration of any
policy. Each original policy or a certified copy thereof, or a satisfactory certificate of
the insurer evidencing insurance carried with proof of payment of the premium,
shall be deposited with Licensor prior to the commencement date of the term hereof
and within ten (10) days of the each anniversary date thereafter. Licensee shall
provide workers' compensation and employer liability coverage as may be required
by the State of Nebraska.
4. Indemnification. Licensee agrees to indemnify and hold Licensor
harmless from and against any and all claims, damages, or causes of action and all
liability, cost or expense specifically including court costs and all reasonable
attorney fees to the extent the same arise out of or in any way connected with
Licensee's or Licensee's agents' use of the Premises during the term hereof. Whether
the same are raised during the term hereof or after. Without limiting the foregoing,
the parties acknowledge and agree that the foregoing indemnification specifically
includes any claims, damages, or causes of action and all liability, cost or expense
specifically including court costs and all reasonable attorney fees for any COVID-
19, novel coronavirus, or related issues.
5. Reconfirm Other Terms. All other terms and conditions of the
Agreement are hereby confirmed by Licensor and Licensee, except to the extent they
expressly conflict with the terms of this Addendum.
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6. Counterparts. This Addendum may be executed in two or more
counterparts, all of which shall, in the aggregate, be considered one and the same
instrument.
7. Terms. Any capitalized terms used herein and not otherwise defined in
this Addendum shall have the meaning assigned in the Agreement.
IN WITNESS WHEREOF, the parties hereto hereby execute this Addendum as
of the day and year first above written.
"LICENSEE"
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The below guidelines lay out the planned reopening of certain sports. The State of Nebraska will utilize the April
2008 American Academy of Pediatrics Classification of Sports According to Contact as a guideline for opening
sports of differing contact levels. Violation of these rules may mean a team is prohibited from practicing or playing
games for the entire summer.
The below guidelines apply only to team sports. Individual sports such as golf and tennis (including doubles tennis)
are not prohibited under any Directed Health Measure (DHM), however, participants must practice social/physical
distancing.
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Baseball
Badminton
•ball
7heerleading
Football, flag or touch
Bowling
Softball
Crew/Rowing
Football, tackle
Volleyball
Curling
Gymnastics
Dance
Hockey
Rodeo* and horseback riding
Lacrosse
Swimming
Martial arts
Track and field events
Rugby
Soccer
Wrestling
* Exception for rodeo as there is limited or no contact with other people, primary contact is with animals.
• June :
Noncontact and Limited -Contact Sports practices may begin unless circumstances dictate a change in date.
e June 18:
Noncontact and Limited -Contact Sports games may begin unless circumstances dictate a change in date.
• July 1:
Contact Sports practices and games may begin unless circumstances dictate a change in date.
*All counties and sports teams should refer to their local DHM for the most up-to-date information on
restrictions. DHMs can be found at http://d`hhs.ne.govIPages/COVID-99-Directed-Health-Measures.aspx.
"Helping People Living Better Lives" Rev. 6/19/2020 pg. 1
• Schools are permitted to open weight rooms for use by all student athletes as long as they follow the same
guidelines as fitness centers/clubs, gymnasiums, health clubs, and health spas.
• Players, coaches, and staff showing signs/symptoms of COVID-19 (fever over 100AF, sudden onset of cough
or sudden onset of shortness of breath) shall not participate.
— For contact sports or sports in which players are routinely within six (6) feet throughout practices or
games it is highly recommended to actively screen players, coaches, and staff prior to practice or game
for signs/symptoms of COVID-19.
— For up-to-date information on the wide range of symptoms reported please refer to the CDC's
"Symptoms of Coronavirus" found at httpsJ/www.cdc.gov/coronavirus/2019-ncov/symptoms-
testing/symptoms. html.
• Dugout and bench use is allowed. Players should have designated spots to place their personal items.
• Parents should remain in their cars or drop off and pick players up afterwards.
• Players should use their own protective equipment including gloves, helmets, and bats as much as possible.
— When protective equipment is needed to be shared, it should be disinfected between players use.
Coaches are encouraged to rotate equipment when possible.
• Coaches must disinfect shared equipment before and after each practice.
• Players should wash their hands before and after each practice, especially for sports that contact between
players or players handling/touching the same object(s) like a ball, mat, bats, etc.
• Coaches are responsible for ensuring social/physical distancing is maintained between players as much as
possible. This means additional spacing between players while playing catch, during drills, or while waiting
to participate. It is encouraged to use drills that do not require contact between players or players handling/
touching the same object(s) like a ball, mat, bats, etc., as much as possible.
• Players must bring their own water/beverage to consume during and after practice. No shared drinking
fountains or coolers.
• Players must bring their own snacks to consume during and after practice. No shared/communal snacks.
— The use of sunflower seeds, tobacco products, and spitting while practicing or playing is prohibited.
• For baseball and softball, the bleachers located between the dugout and home plate should be used to help
spread out players. Players should have designated spots to place their personal items. Coaches should
designate an adult who is responsible for ensuring players are seated on the benches unless they are actively
participating in the game.
— For all other sports, additional benches or bleachers should be used to spread out players. Players
should have designated spots to place their personal items. Coaches must designate an adult who is
responsible for ensuring players are seated on the benches unless they are actively participating in
the game.
• Players should use their own equipment including gloves, helmets, and bats as much as possible.
— When protective equipment is needed to be shared, it should be disinfected between players use.
— Coaches are encouraged to rotate equipment when possible.
• Coaches must disinfect shared equipment before and after each game/match.
• Fan attendance will follow gathering requirements under the Directed Health Measures and if the facility/
venue has a capacity of 500 or more individuals, (1,000 or more in counties over 500,000 population) shall
follow reopening plans submitted, reviewed, and approved by the Local Health Department by the facility.
Fans should keep six (6) feet of social distancing between different groups. No fan seating or standing is
allowed within in six (6) feet of the teams' benches or dugouts.
• Teams to play next must be provided designated areas for player warm-ups that provide for necessary
physical/social distancing.
Post -game handshakes or interaction between teams are prohibited.
"Helping People Living Better Lives" lig. 2
• When games end, the leaving team must sanitize the dugout or bench area. No post -game talks at the field
or court are permitted. Fans and players must leave the playing area and return to their cars immediately after
the game.
• The team to play next must remain in their designated warm up area until the prior team has finished
disinfecting and is completely out of the dugout or off of the court/field.
• Fans for upcoming games must remain in their cars during player warm ups. They will be permitted to come
to the field/court once the team they are there to watch enters the playing area.
• Restrooms must be cleaned and disinfected regularly (at least every 2 hours) while players and fans are
present. Markings should be placed on the ground to ensure individuals waiting to use the restroom are
spaced six (6) feet apart.
• Players must bring their own water/beverage to consume during and after practices and games. No shared
drinking fountains or coolers.
• Players must bring their own snacks to consume during and after practice/games. No shared/communal
snacks.
— The use of sunflower seeds, tobacco products, and spitting while practicing or playing is prohibited.
• Concession stands are allowed to open, if they meet the following:
— Markings should be placed on the ground to ensure individuals are spaced six (6) feet apart.
— Clean and disinfect high touch surfaces regularly while players and fans are present.
— Staff must serve food directly to customers and remove self -serve condiment stations
(e.g. provide customers with condiment packets upon request).
— Whenever possible, practice social distancing between staff.
— All employees directly interacting with customers should wear face coverings.
— All food code regulations must still be followed.
— Employees should wash hands frequently; provide hand sanitizer for customers.
"Helping People Living Better Lives" pg. 3