Blair Cubs Agreement-AddendumCOVID-19: Addendum to Agreement
for Use of Municipal Property for Youth Baseball and Softball
This Addendum to Agreement ("Addendum") is made and entered into as of the 291h day of May,
2020, by and between Blair Cubs Youth Baseball, a 501 03 tax exempt organization under the Internal
Revenue Code, ("Licensee") and City of Blair, Nebraska ("Licensor").
RECITALS
A. The parties previously executed an Agreement effective as of May 1, 2018, (the
"Agreement") relating to certain real property as described in the Agreement (the
"Premises").
B. Licensee has utilized the Premises for organizing and operating baseball and/or softball
playing fields and associated improvements and structures 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 youth sports activities including
softball and/or baseball 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 youth games and practices for baseball and/or softball.
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 1St Statewide Sports Reopening Guidelines issued by the
Governor of the State of Nebraska and any amendments, replacements, or supplements thereto attached
hereto as Exhibit "A" and incorporated herein by this reference (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. Licensee agrees to inform all Participants in writing of all Disclosures
under this Agreement. Each team wishing to participate on the grounds of City of Blair must
provide copies of signed Agreements for all participants affiliated with the team, together with a
roster containing a complete list of the names of all players, coaches, officials, and others affiliated
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with the team. Copies of all signed Agreements and the roster containing a complete list of the
names of all players and coaches must be provided to the Parks Department and shall be
maintained by the municipal Cleric. If a participant does not sign an Agreement, or if a team does
not submit the Agreements and roster, that participant and/or team will be unable to use the City
of Blair's fields for any purpose.
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. If the concession stand is allowed under the Rules to open,
the Licensee shall ensure that it is operated in accordance with the applicable Rules. Licensee shall
ensure that the restrooms, concession stands, and any seating 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 COVID19, 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.
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.
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7. Terms. Any capitalized terms used herein and not otherwise defined in this Addendum
shall have the meaning assigned in the Agreement.
This addendum will terminate on December 31, 2020,
IN WITNESS WHEREOF, the parties hereto hereby execute this Addendum as of the day and
year first above written.
"LICENSEE"
Xy:
th eba
.l co �t3/g,JSEAI/
"LICENSOR"
City of Blair/Qebraska
By: _/� -
Its: City Admin' rator
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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.
Gla eification of Tean1 Sports Geording to Contact Level
Contact
Basketball
Limited -contact
Baseball
'Non4o�noct
Badminton
Boxing
Football, flag or touch
Bowling
Cheerleading
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.
No Organized Team Sports games for youth and adults.
No Team Organized Sports practices for youth and adults. This prohibition includes any practice, training or
group exercise program organized by a coach of a sports team.
Businesses and organizations that provide sports training AND that sell memberships to provide such training
are allowed to offer sports training as long as they follow the same guidelines as fitness centers/clubs,
gymnasiums, health clubs, and health spas. No team organized training is allowed.
• 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.
"Helping People Living Better Lives" 5/22/2020 i Pg. 1
• Team Organized practices for Noncontact and Limited -Contact Sports may begin unless circumstances
dictate a change in date.
• Rodeo events may also begin.
• Players, coaches, and staff showing signs/symptoms of COVID-19 (fever over 100.417, sudden onset of cough
or sudden onset of shortness of breath) shall not participate.
• Dugout and bench use will not be allowed. Players and their items when not on the field/court should be lined
up against the fence/wall at least six (6) feet apart.
• Parents must 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.
• 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.
• 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.
• Team organized practices for contact sports remain suspended.
Team Organized games for Noncontact and Limited -Contact sports may begin unless circumstances dictate
a change in date.
Same guidelines apply as above for practices.
Use of dugouts and benches are permitted during games only.
For baseball and softball, the bleachers located between the dugout and home plate should also
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.
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 Is limited to household members of the players on the team. (Collegiate, semi-professional,
and professional games will follow gathering requirements under the Directed Health Measures and must
submit plans prior to reopening if facilities meet these requirements.) For outdoor sports, no use of bleachers
for fans. Fans must bring their own chairs or stand. Fans should keep six (6) feet of social distancing between
different household units. No fan seating or standing is allowed within in six (6) feet of the teams' benches or
for baseball and softball within the area from behind home plate to six (6) feet past the far end of each dugout.
— If game/match is held at a facility that 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.
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.
pg. 2
"Helping People Living Better Lives" E
• 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/fleld.
• 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.
• 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) feed 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 stili be followed.
— Employees should wash hands frequently; provide hand sanitizer for customers.
• Team organized practices and games for other sports may remain suspended.
"Helping People Living Better Lives" pg' 3