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East Cherokee Baseball

PARTNERSHIP AGREEMENT BETWEEN

THE CHEROKEE COUNTY BOARD OF EDUCATION

AND

EAST CHEROKEE BASEBALL, INC.

This agreement entered into on this 21st Day of July, 2016, by and between the Cherokee County Board of Education, hereinafter referred to as the “School Board” and East Cherokee Baseball, Inc., hereinafter referred to as “ECB.”

WHEREAS, the School Board’s mission is to enable all students to become contributing citizens, who can communicate effectively, gather and use information, make responsible decisions, utilize technology effectively and adapt to the challenges of the future; and

WHEREAS, one of the School Board’s Major System Priorities is to increase parental and community involvement through public engagement policies and practices that treat parents, businesses, community-based organizations and agencies, local institutions of higher learning and other public entities as true partners in the educational process; and

WHEREAS, ECB is a non-profit community-based association of volunteers, members, and staff open to serving the recreational and competitive baseball interests and needs for children and young adults from ages 4 through 19;

Now therefore, in consideration of the covenants and conditions set forth herein the parties agree as follows:

ARTICLE I

The parties agree that the foregoing recitals are true and correct and incorporated herein by reference:

ARTICLE II

The School Board:

  1. Will provide continued use of Mountain Road ES outdoor recreational baseball fields, waiving facility use fees as contained in School Board Policy KG (Use of School Facilities).

 

  1. Will pursue the opportunity for additional school/ECB outdoor recreational baseball field partnerships throughout the county.
  2. Will continue to promote ECB community-based programs through existing communication channels.
  3. Where deemed appropriate by the Office of Support Services and Facilities/Construction Management, will provide access to water to sustain field conditions, subsequent to ECB’s installation in this regard including, but not limited to, the purchase and installation of a separate water meter.

ARTICLE III

ECB:

  1. Will provide and promote community-based educational workshops, clinics, and presentations to coaches, parents, and students throughout the year. The educational programs will be conducted by nationally licensed and certified trainers and will focus on a variety of coaching, safety, and recreational topics.
  2. Will provide scholarships for low-income and disadvantaged families to increase parental and community involvement.
  3. Will abide by the rules and regulations contained in the facility use contract at the Mountain Road ES facility.
  4. Prior to any physical modifications to School Board property, apply to the Office of Support Services and Facilities/Construction Management to obtain authorization to proceed.
  • At currently utilized baseball fields at Mountain Road ES, ECB will upgrade field space by installing a field lighting system, to be completed upon funds being raised.
  • Will secure contractor and supervise construction of the field improvements (all work will be approved in advance with the Office of Support Services and Facilities/ Construction Management).
  • Will maintain the playing field in a good and safe condition. Maintenance shall include, but not be limited to, weed control, aeration, topdressing, over seeding, fertilizing, turf repair, mowing and other improvements as may be necessary to maintain field in good condition.
  • Upon discovery of damages, both parties shall meet in order to confirm who is responsible for damages and the extent of work required repairing damages. The appropriate party shall be responsible for the cost and repair of the field. ECB will supervise the repairs by a mutually agreed upon contractor.
  • Will limit the use of the fields to Saturdays from 7:00 a.m. to 10:00 p.m., Sundays from 1:00 p.m. to 6:00 p.m. and weekdays from 5:30 p.m. to 10:00 p.m. Field use during the summer shall be limited to Monday through Saturday from 7:00 a.m. to 10:00 p.m. and Sundays from 1:00 p.m. to 6:00 p.m. A mutually agreed upon period of time will be set-aside during each summer for turf recovery and maintenance.
  1. Will pursue the opportunity for additional school recreational area partnerships throughout the county.
  2. Accept all children/interested participants for participation within its programs without regard to their gender, race, political affiliation, age, national origin or handicapping condition or any other discrimination recognized and prohibited by State or Federal Law. Children/participants with handicaps must be provided all necessary levels of supervision and must be included within the activities of the partnering organization. As a result of this partnership agreement, ECB must adhere to all local, State or Federal laws regarding education.
  3. Will provide a certificate of insurance, on a form satisfactory to the School Board, in an amount not less than $1 million aggregate single limit general liability coverage. The policy shall name the Cherokee County School System as certificate holder and as an additional insured and provide 30 days notice of cancellation to the School System. The aforementioned insurance shall be maintained for the term of the agreement.
  4. Will hereby hold the School System harmless and shall indemnify the School System against any loss, including reasonable attorney’s fees and expenses of litigation.

ARTICLE IV

The term of this contract is July 21, 2016 through July 21, 2017. This contract shall automatically renew for additional terms not to exceed five years unless either party notifies the other at least 60 days prior to renewal date.

ARTICLE V

This contract may be terminated by either party upon thirty (30) days written notice to the other party with or without cause. All notice of this contract shall be given to the Superintendent of Cherokee County Schools at 110 Academy Street, Canton, Georgia 30114, and to the President, East Cherokee Baseball, Inc.; 6175 Hickory Flat Hwy. Suite 110-262, Canton, Georgia 30115.