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Item 4H CITY OF SOUTHLAK 4H - 1 MEMORANDUM November 10, 2015 TO: Shana Yelverton, City Manager FROM: Kate Meacham, Deputy Director of Community Services SUBJECT: Item 4H: Approve Facilities Utilization Agreement with Southlake Baseball Association Action Requested: City Council approval of the Facilities Utilization Agreement (FUA) with Southlake Baseball Association (SBA) for 2016- 17. Background Information: The City of Southlake coordinates with various youth sports associations to offer a variety of athletic programs in an arrangement referred to as a facilities utilization agreement (FUA). A separate agreement is held with each of the youth athletic organizations participating in the use of City-owned fields and facilities. The proposed FUA with Southlake Baseball Association for consideration at this time is for a two-year term, January 1 , 2016 through December 31 , 2017. The proposed FUA is fundamentally the same as the previous agreement entered into with SBA for 2014-2015, with the exception of some minor revisions. The proposed revisions are based on numerous conversations and feedback received from SBA along with a meeting held with SBA on October 21 , 2015, to improve and update the language to align with current practices as well as further clarify expectations. The following briefly highlights the proposed revisions. • Email address athleticfields(a)ci.south lake.tx.us added • Communications section added (Section 14) • Concession Stand Scorecard added in Exhibit B (#4) • Tournament section added in Appendix (Section 6) • Defined 'Practice' v. 'Game' fields • Added 'Non-Priority' Use of Miracle League Field for Baseball City of Southlake Values.- Integrity alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager Meeting Date — November 17, 2015 Page 2of3 4H - 2 • Separated Spring/Summer Classic Season into two separate seasons (Spring Classic and Summer Classic) A copy of the proposed FUA with Southlake Baseball Association is attached for your consideration. Since 2012, the City has handled specific field allocations on a season-by-season basis for all Southlake athletic associations. Financial Considerations: Same as previous year's agreements, the Association will pay field maintenance fees, as per the table below, to assist the City with off-setting a portion of the maintenance and operations costs. Maintenance Maintenance Season Season Fees Fees Length Months (Residents) (Non- Residents) Irm Spring $12 per player, $17 per player, 4 February - Recreational per season per season Months May Summer $12 per player, $17 per player, 2 June - Recreational per season per season Months July Fall $12 per player, $17 per player, 4 August - SBA Recreational per season per season Months November Spring $12 per player, $17 per player, 4 February - Classic per season per season Months May Summer $12 per player, $17 per player, 2 June - Classic per season per season Months July Fall $12 per player, $17 per player, 4 August - Classic per season per season Months November Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management and Service Delivery and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. It also addresses Critical Business Outcome CB05 — optimize resources through collaboration and partnerships to reduce costs and add service value. Citizen Input/ Board Review: Seasonal communication with SBA representatives to allocate required fields to meet program needs City of Southlake Values.- Integrity alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager Meeting Date — November 17, 2015 Page 3of3 4H - 3 Meeting with SBA reps October 21 , 2015 regarding revisions to proposed FUA Parks Board recommended approval (7-0) November 9, 2015 City Council consideration November 17, 2015 Legal Review: The agreement was drafted utilizing the general core content from the agreements previously developed which have been reviewed by the City Attorney and approved by City Council. Alternatives: Alternatives include: ■ Approve as presented ■ Approve with input as desired ■ Decision not to approve Attachments: (A) Proposed Facilities Utilization Agreement w/SBA Staff Recommendation: City Council approval of the proposed Facilities Utilization Agreement with Southlake Baseball Association (SBA) for 2016-17. City of Southlake Values.- Integrity alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork 4H - 4 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS $ COUNTY OF TARRANT $ The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Southlake Baseball Association, herein called "ASSOCIATION." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION shall provide the services as outlined in the attached Appendix, Section A. B. The CITY shall provide the services as outlined in the attached Appendix, Section A. SECTION 2 TERMS OF AGREEMENT The ASSOCIATION and CITY will abide by the terms of the Agreement as outlined in the attached Appendix, Section B. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals should be directed to the CITY, specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter-league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a Southlake field. The ASSOCIATION shall not engage in any business on Premises or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. 4H - 5 SECTION 4 OFFICERS AND BOARD MEMBERS The ASSOCIATION shall submit to the CITY the names, addresses, e-mail addresses and phone numbers of all officers and board members within two (2) weeks after election or appointment. SECTION 5 FIELD MANAGER The ASSOCIATION shall furnish the CITY the name, telephone numbers and e-mail address of the one (1) person designated as the ASSOCIATION'S field manager. It shall be the responsibility of the field manager to submit all practice, game and make-up game schedules to the CITY in writing to athleticfields(a)ci.south lake.tx.us. It shall also be the responsibility of the field manager to meet with and discuss field playability as needed with a CITY representative. SECTION 6 ROSTERS AND SCHEDULES The ASSOCIATION shall furnish actual season dates to the CITY three (3) months prior to the beginning of the season. The ASSOCIATION shall furnish to the CITY the full schedule (field number, field settings / age group, dates and game times) for each season at least two (2) weeks prior to the beginning of the season. All communication must be directed through athleticfields(a-)-ci.south lake.tx.us. The ASSOCIATION shall furnish to the CITY, rosters of all participants including name, age, gender, residency, league played in (Recreational or Classic), and all other information requested to complete seasonal report within two (2) weeks after the season. SECTION 7 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season, and a non-resident field maintenance fee of $17.00 per non-resident player per season within two (2) weeks after the last regular season game to off-set the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing City of Southlake fields regardless of the level or division of play including "select" players. The ASSOCIATION also agrees to pay for any additional field chalk and drying agent materials that the ASSOCIATION uses above and beyond what the CITY has allocated for the purchase of these materials to support the baseball program. 4H - 6 SECTION 8 FIELD USAGE The ASSOCIATION agrees that it shall not begin field usage before 4:00 p.m. on weekdays, 8:00 a.m. on Saturdays, and 12:00 p.m. on Sundays at all facilities. The ASSOCIATION shall cease field usage (includes games and practices) by 10:00 p.m. on Sunday through Thursday, and by 11 :00 p.m. on Friday and Saturday. The CITY will turn the lights out at 10:30 p.m. on Sunday through Thursday, and 11 :30 p.m. on Friday and Saturday. Exception: Times for usage of lights and fields may be modified for tournament play with prior notification and permission from the Director of Community Services. If field usage concludes prior to 10:00 p.m. Sunday through Thursday or 11 :00 p.m. Friday or Saturday, the ASSOCIATION shall have the responsibility to turn off all field lighting by using the Musco Control-Link password assigned to the ASSOCIATION. The CITY reserves the right to utilize the facilities when league games and/or practices are not scheduled. If facility is abandoned, the Agreement is terminated. The ASSOCIATION shall have use of the CITY facilities pursuant to the terms of this agreement. However, the CITY reserves the right to allocate the usage of all CITY owned fields for CITY programs and/or for other recognized Southlake Youth Athletic Associations as deemed appropriate by the CITY. SECTION 9 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1 ,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises, and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1 ,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1 ,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. 4H - 7 All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SECTION 10 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH SEASON, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE ASSOCIATION, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE ASSOCIATION SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL 4H - 8 CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 10 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS, SPECIFIC PERFORMANCE OR INJUNCTIVE RELIEF. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 11 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits hereto attached shall be part and parcel of this Agreement as if set out in their entirety said exhibits being: 1 . FIELD MAINTENANCE EXHIBITS "A" - CITY-Owned Field Maintenance Agreement 2. CONCESSION STAND OPERATION EXHIBITS "B" - Concession Stand Agreement 3. CLOSURE OF ATHLETIC FIELDS EXHIBITS "C" - Field Inspection and Closure Agreement SECTION 12 TERMINATION OF AGREEMENT If either party, the CITY or the ASSOCIATION, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. 4H - 9 SECTION 13 RESIDENT PARTICIPATION Both the CITY and the ASSOCIATION agree on a goal that all residents of Southlake will continue to have the opportunity, at all levels of ability, to participate in the athletic program established for their individual skill level. As an integral part of this goal the CITY encourages the ASSOCIATION to find a team for all Southlake residents who register by the program's stated registration deadline. The CITY also encourages the ASSOCIATION to continue its development of a "tweener" program. In addition, the CITY encourages the ASSOCIATION to strive for 25% resident participation in its select level programs and 85% resident participation in its recreational level programs. SECTION 14 COMMUNICATIONS The president and/or representative of the Board shall attend quarterly meetings with CITY staff. SBA representatives shall appear before the CITY Parks and Recreation Board two (2) times per year for the purpose of making a presentation addressing the state of SBA. The presentation should include but not be limited to the following: 1 . Purpose of the Association 2. The number of participants served in program 3. Service issues faced within the last year and how they were resolved 4. Upcoming issues and recommendations for resolution 5. Identification of current and incoming Board of Directors SECTION 15 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. 4H - 10 • Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 15 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. This Agreement is made and entered into on the day of CITY OF SOUTHLAKE by: CITY Secretary Mayor City of Southlake Approved as to form President CITY Attorney ASSOCIATION 4H - 11 EXHIBIT "A" CITY-OWNED FACILITY AND FIELD MAINTENANCE AGREEMENT 1 . The CITY shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. This may require up to twenty four (24) hours when the ASSOCIATION must stay off the fields after application. The CITY will give a forty eight (48) hour notice. The CITY will not close a field with a scheduled game. 2. The CITY shall perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths. The CITY shall also provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary. 3. The CITY shall prep fields, as required, Monday through Friday, weather permitting, for regularly scheduled games. Note: Fields will not be prepared by the CITY for any game(s) unless the game(s) are on the schedule. 4. The CITY shall mark all foul lines. 5. The CITY shall maintain all back-stops, fences and gates in a safe and secure condition. 6. The CITY shall maintain all bleachers and dugouts in a safe and secure condition. 7. The CITY shall provide and maintain all area and ballfield lighting systems. 8. The CITY shall be responsible for the operation and maintenance of any infield irrigation system and watering of the infields. 9. The CITY shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non-athletic turf areas. 10.The CITY shall maintain the restrooms in a safe and sanitary condition. 11 .The CITY shall provide electrical power for the operation of the scoreboards. All costs to maintain/repair the scoreboards and controllers on the assigned fields will be the responsibility of the CITY. 12.The CITY shall provide and install the home plates, bases, base stakes and pitching rubbers. If the ASSOCIATION desires any specialized type of plates or base anchors, these shall be provided by the ASSOCIATION to the CITY for installation. 4H - 12 13.The CITY shall be responsible for chalking of baselines and any other field markings daily, Monday through Friday, for regularly-scheduled league games only. 14.The CITY will provide contract porter services on weekends. The porter service provided by the CITY will be limited to restroom cleaning and the removal of full trash bags from the trash receptacles. The schedule for the porter services will be set as deemed appropriate by the Director of Community Services. 15.The ASSOCIATION shall continue to be responsible for daily practice and game day policing of all litter on the field(s) to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the bins, cans, and receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. If within the CITY's judgment, the ASSOCIATION does not comply with litter collection, a notification letter will be issued by the CITY requesting immediate compliance. If the CITY deems applicable, further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up. 16.The ASSOCIATION shall be prohibited from performing any maintenance to any CITY property, including any turf or infield areas without permission from the CITY. The CITY will provide access to hand-held tools for field preparations between games if necessary. 17.The ASSOCIATION shall be responsible for securing the facility at the end of each day or evening of play. This includes, but is not limited to, locking all ball field gates and doors and turning off all interior building lighting, pavilion lighting, and field lighting when the ASSOCIATION leaves the facility. 18. If ASSOCIATION desires to request any special park components or other special services be provided by the CITY for tournaments or other special events, such request shall be submitted to the CITY at least two (2) weeks prior to the start of the tournament or event. 19.AII rescheduled games or make-up games must be approved by the CITY. The ASSOCIATION must provide at least 24 hours notice to the CITY of scheduled make-up games in writing to athleticfields(a�ci.southlake.tx.us. 4H - 13 EXHIBIT "B" CONCESSION STAND AGREEMENT 1 . The ASSOCIATION shall have exclusive use of the concession stand at the Bicentennial Park Baseball Fields for the duration of this Agreement. The ASSOCIATION shall have first right of refusal to operate the concession stand during Tournaments hosted by an outside organization, but not by the CITY. 2. The ASSOCIATION shall at all times during the duration of this Agreement work jointly with the CITY to maintain a clean and organized concession stand and shall be responsible for all ASSOCIATION owned fixtures, appliances, and all equipment necessary for storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner commensurate with similar CITY facilities in compliance with CITY, County and State statutes and ordinances and acceptable to applicable agencies. The CITY shall be responsible for all maintenance and repairs to the permanent physical structure of the building, such as electrical wiring, plumbing, ice maker, and other structural components. 3. The ASSOCIATION and CITY shall be jointly subject to pass an annual inspection by the Tarrant County Health Department. The ASSOCIATION and CITY are also responsible for any Health Department Certificates. 4. The CITY will conduct inspections of the Concession Stand and the ASSOCIATION must maintain a passing score of the areas they control at all times. 5. The ASSOCIATION shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand when in use by the ASSOCIATION. Adequate trash receptacles shall be furnished by the CITY. If within the CITY's judgment, the ASSOCIATION does not comply with litter collection when in use by the ASSOCIATION, a notification letter will be issued by the CITY requesting immediate compliance. If the CITY deems applicable, further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up. 6. The CITY shall furnish the ASSOCIATION with key fobs for the concession stand, electrical room, and equipment and storage room allocated to the ASSOCIATION as deemed necessary by the Director of Community Services. 7. The CITY shall be responsible for off-season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand as dictated by the weather. 8. The ASSOCIATION shall be responsible for keeping on only the essential appliances during the season's non-use times. Only refrigerators, freezers and ice machines may be left on at all times. Ice machines shall be unplugged and 4H - 14 water lines unhooked during the off-season. 9. The ASSOCIATION shall at all times during the duration of this Agreement be responsible for the sanitary conditions of the walls, ceilings, floors, cabinets, doors, etc., on the inside of the concession stand following its use by the ASSOCIATION. 10.The ASSOCIATION shall be responsible for all ASSOCIATION owned contents of the concession stand. Securing any insurance for all the ASSOCIATION owned contents of the building is optional and will be the responsibility of the ASSOCIATION. 11 .The CITY reserves the right to utilize the concession stand and/or score booths during this Agreement. 12. If facility is abandoned this Agreement is terminated. 4H - 15 EXHIBIT "C" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure 1 . It is raining at game/practice time. 2. Baseball infields and/or outfields too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closure (Weekdays) 1 . Inspect Athletic Fields by 3:00 p.m. 2. Make a decision based upon field condition or weather. 3. List any closings on the CITY Field Closure Line (817) 748-8028 by 4:OOpm. 4. The website is updated Monday through Friday by 4:00 pm. http-//www.cityofsouthlake.com 5. The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games. 6. If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:00 p.m. 7. After games have begun and inclement weather becomes a factor, the ASSOCIATION officials shall follow the same guidelines as CITY staff for deciding cancellation or postponement. (Weekends) 1 . If a decision at 3:00 p.m. Friday is not possible, the Parks Manager or designee familiar with the Athletic Fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed. 2. Inspect Athletic Fields by 7:00 a.m. on Saturday and Sunday. 3. Status for Saturday and Sunday afternoon and evening games may be reevaluated at the discretion of the Parks Manager or designee at 11 :30 a.m. and the field decision will be made prior to noon that day. 4. The CITY Field Closure Line (817) 748-8028 will also be updated by 8 a.m. for Saturday and Sunday games. Note: The website is only updated Monday through Friday. 5. The Parks Manager or designee shall consult with the ASSOCIATION's Field Manager about the status of the fields. 4H - 16 6. Should the ASSOCIATION's Field Manager and the Parks Manager or designee not agree, the decision of the Parks Manager or designee shall be final. CITY Responsibility for Implementation 1 . The primary responsibility for making field closure decisions rests with the Parks Manager or designee responsible for Athletic Field maintenance. 2. In the Parks Manager or designee's absence, the Athletic Field Crew Leader shall make the decision concerning Athletic Field closures. 3. The Athletic Field Crew Leader shall consult with the Parks Manager on any decision concerning Athletic Field closures. 4. In the absence of both the Parks Manager or designee and the Athletic Field Crew Leader, a person designated by the Parks Manager shall make decisions concerning Athletic Field closures. 5. The appropriate ASSOCIATION's Field Manager has the responsibility to inform the ASSOCIATION and the participants about the field closure decision. PARKS FACILITIES UTILIZATION AGREEMENT CITY OF SOUTHLAKE AND SOUTHLAKE BASEBALL ASSOCIATION 4H - 17 APPENDIX SECTION A SCOPE OF SERVICES The ASSOCIATION agrees to provide a recreational youth baseball program that adheres to the City of Southlake's organization values outlined in Section 15 of the Agreement. The CITY agrees to permit the use of its facilities known as Bicentennial Park Baseball Fields 1-8 & 10 for Games. Practice fields are permitted for use at Bicentennial Park Baseball Fields 9, 11 and two backstops by the Tennis Center. In addition, practice fields are available at Koalaty Park Fields, Southlake Sports Complex Fields 2 & 3 for the 2016 - 2017 seasons. Use of the Miracle Leaque Field at Bicentennial Park is also permitted as designated on a non-priority basis. Specific field allocations will be based on the previous year's ASSOCIATION participation numbers (by season), and will be made three (3) times per year, as per the City of Southlake/Carroll ISD Athletic Field Management Program. The CITY will present specific seasonal field allocations in writing to the ASSOCIATION one (1) month prior to each season. SECTION B TERMS OF AGREEMENT 1 . This Agreement will be effective the date signed by the Mayor. 2. The term of this Agreement shall be from January 1, 2016, through December 31, 2017. 3. The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, pre-season games, games, clinics, or camps for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. Baseball shall consist of the following seasons: • Spring Recreational (typically February— May) • Summer Recreational (typically June — July*) • Fall Recreational (typically August - November) • Spring Classic (typically February — May) • Summer Classic (typically June — July*) • Fall Classic (typically August — November) *Summer Season practices are allocated based on Park Maintenance schedule (per Park Manager)and not previous year registrations. 5. All fields will be unavailable during the CITY's scheduled maintenance period that generally occurs for 12 consecutive days following the end of the Spring seasons (around June 1), and during the months of December and January. 6. The ASSOCIATION has up to two (2) recreationally based All-Star Tournaments per calendar year under the terms of this Agreement included at no charge. Tournament dates will be determined during each season's field allocatiO4H _ 18 ASSOCIATION must follow policies and procedures outlined in the CITY Tournament Agreement. CITY agrees to the following: a. Prep the fields and remove trash the day prior to each tournament day. No staff will be onsite during the tournament and fields will not be prepped between games. b. The ASSOCIATION may only utilized non-motorized equipment on the fields in between games. c. Porter service will be provided by CITY at set times throughout the tournament (not to exceed two times per day). 7. The CITY will have priority to the facility for any CITY event or Tournament. 8. Additional facility usage may be permitted by the Director of Community Services, or their designee. Additional facility usage requests must be submitted in writing to the Director of Community Services a minimum of two (2) weeks in advance. 9. Fields that are not being utilized by the ASSOCIATION or the CITY will be made available for public use. The CITY will work with the ASSOCIATION to identify any available fields. 10.Only those ASSOCIATION representatives who have been issued a permit by the CITY will be allowed to drive automobiles into the complex on the pedestrian pathways. The permit will only be issued by the CITY to those ASSOCIATION representatives responsible for the delivery of concession and building supplies to the concession/restroom/storage facilities. The permit allows for the drop-off and pick-up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The ASSOCIATION must contact the Director of Community Services, or their designee for a permit. Violators will be ticketed by Southlake Police. 11 .The ASSOCIATION must request permission in writing to utilize a golf cart or workman type utility vehicle on CITY property. If approved, a permit will be issued by the CITY to the ASSOCIATION on a per vehicle basis. Misuse of the vehicle, as determined by the CITY, may result in the cancellation of the permit and ability of the ASSOCIATION to use these vehicles. 12. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved by City Council following a recommendation by the Parks and Recreation Board.