Loading...
Item 4RC I I �, C X SOU TH L KE MEMORANDUM October 11, 2021 TO: Shana K. Yelverton, City Manager FROM: Chris Tribble, Director of Community Services Item 4R-1 SUBJECT: Approve Facilities Utilization Agreement with Southlake Girls Softball Association Action Requested: City Council approval of the Facilities Utilization Agreement with Southlake Girls Softball Association Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. Use of all City -owned athletic fields is authorized by the City Council through a Facilities Utilization Agreement (FUA). The proposed FUA with Southlake Girls Softball Association (SGSA) is an agreement to provide athletic fields for the girls' softball program January 1, 2022 — December 31, 2023. A copy of the proposed FUA with SGSA is attached for your consideration. City Council will consider the proposed FUA at their meeting on October 19, 2021. Financial Considerations: The Association will pay field maintenance fees of $12.00 per resident per season, $24.00 per resident select player per season, $17.00 per non-resident per season, and $34.00 per non-resident select player per season to assist the City with offsetting a portion of the maintenance and operations costs. 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. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4R-2 Shana K. Yelverton, City Manager Meeting Date — October 19, 2021 Page 2 of 2 Citizen Input/ Board Review: Parks Board recommended (6-0) October 11, 2021 City Council consideration October 19, 2021 Legal Review: The Agreement was previously reviewed by the City Attorney. Alternatives: Alternatives include: Approval of Agreement as presented Approval of Agreement with modifications Decision not to approve Agreement Attachments: Proposed FUA with Southlake Girls Softball Association Staff Recommendation: City Council approval of the Facilities Utilization Agreement with Southlake Girls Softball Association for January 1, 2022 — December 31, 2023 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4R-3 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 Girls Softball Association. herein called "ASSOCIATION." WHEREAS, the CITY owns, operates, and maintains certain athletic facilities for the recreation, use, benefit, and enjoyment of its residents and the general public; and WHEREAS, the ASSOCIATION desires to lease (or utilize) the CITY'S athletic facilities to provide a youth softball program in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a recreational youth softball program that adheres to the City of Southlake's organization values outlined in Section 9 of the Agreement. B. The CITY agrees to allocate the required number of fields to meet the Association's program needs for 2022 - 2023. Specific field allocations will be made in accordance with the City of Southlake Policy for the Provision of Athletic Facilities, which is made a part of this Agreement by reference and identified herein as Exhibit A. SECTION 2 TERMS OF AGREEMENT 1. This Agreement will be effective on the date signed by the CITY'S Mayor. 2. The term of this Agreement shall be from January 1, 2022 through December 31, 2023. Item 4R-4 3. Softball shall consist of the following seasons: a. Spring Recreational (typically February- May) b. Fall Recreational (typically August- November) c. Spring/Summer Select (typically February- July) d. Fall Select (typically August- November) 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, camps, etc., 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. The ASSOCIATION may have up to two (2) RECREATIONALLY based All -Star Tournaments per calendar year included at no charge. The CITY will provide only normal league game readiness services for these tournaments. 5. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 6. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 7. 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 in writing by the City Council following a recommendation by the Parks and Recreation Board. 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 and tournaments 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 CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. Item 4R-5 The concession stand at the Bob Jones Park Softball Fields shall be used in accordance with Exhibit B. SECTION 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident recreation player per season, and a non-resident field maintenance fee of $17.00 per non-resident recreation player per season, and a resident field maintenance fee of $24.00 per resident select player per season, and a non- resident field maintenance fee of $34.00 per non-resident select player per season (Spring, Select, and Fall) within two (2) weeks after the last regular season game (Spring, Select, and Fall) to cover 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 softball program. SECTION 5 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 name 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 spectators and 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. Item 4R-6 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 6 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 AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING Item 4R-7 BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR ALLEGED TO ARISE 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 5 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS OR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 7 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits referenced herein or attached hereto are incorporated into this Agreement as if set out in their entirety said exhibits being: 1. Exhibit "A"- Policy for the Provision of Athletic Facilities 2. Exhibit "B"- Concession Stand Agreement SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 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 Item 4R-8 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. • 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 9 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. The 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, and such action or failure to act shall not be considered a material breach of this Agreement, but may be taken into consideration by the CITY as provided in Section 8, Paragraph 2. SECTION 10 SUCCESSORS AND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrator and assigns to the other party of this Agreement and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. Neither CITY nor ASSOCIATION shall assign or transfer its interest herein without the prior written consent of the other. SECTION 11 APPLICABLE LAW This Agreement is entered into subject to the Charter and ordinances of CITY as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. ASSOCIATION will make any and all reports required per Federal, State or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution. Item 4R-9 SECTION 12 SEVERABILITY If any of the terms, provisions, covenants, conditions or any other part of this Agreement are held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 13 REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. SECTION 14 ENTIRE AGREEMENT This Agreement and the Exhibits embody the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. SECTION 15 NON -WAIVER It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. SECTION 16 HEADINGS The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. SECTION 17 VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in the City of Southlake, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. Item 4R-10 SECTION 18 NO THIRD PARTY BENEFICIARY For purposes of this Agreement, including its intended operation and effect, the parties (CITY and ASSOCIATION) specifically agree that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or ASSOCIATION or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or ASSOCIATION. SECTION 19 GOVERNMENTAL IMMUNITY ASSOCIATION understands and agrees that CITY is a Texas home -rule municipality and that by entering into this Agreement, the CITY is performing a governmental function. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the governmental or sovereign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the by: City Secretary Approved as to form City Attorney day of , CITY OF SOUTHLAKE Mayor City of Southlake President Southlake Girls Softball Association Item 4R-11 Item 4R-12 City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina Principles The City of Southlake provides municipal services that support the highest quality of life for our residents, businesses, and visitors. We do this by being an exemplary model of balancing efficiency, fiscal responsibility, transparency, and sustainability. We do this by adhering to the City's Strategy Map which focuses on Safety & Security, Infrastructure, Mobility, Quality Development, Partnerships & Volunteerism, and Performance Management & Service Delivery. The Southlake City Council has adopted this Policy for the Provision of Athletic Facilities to ensure the most appropriate and operationally sustainable allocation of the City owned athletic facility assets. The policy will guide the management and provision of the City's athletic facilities (excluding those at The Marq Southlake and the Southlake Tennis Center). Management The Department of Community Services is charged with overseeing all aspects of the City's Park and Recreation system, including the management and allocation of all athletic facilities as per this policy to ensure we are Serving Our Customers, Managing the Business and Providing Financial Stewardship of these City owned assets. The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system. • Ensure a safe and secure parks and recreation system for customers • Develop and maintain outstanding parks, community facilities & public spaces • Provide meaningful opportunities for volunteer involvement • Deliver exceptional customer service • Promote lifelong learning & active lifestyles through high quality facilities, programs & events • Enhance customer engagement by providing strategic messaging for community facilities, programs & events • Collaborate with select partners to implement service solutions • Partner with community stakeholders to identify & implement needs of the community • Enhance resident quality of life & business vitality through tourism • Enhance service delivery through process development and continual process improvement • Provide high value services through efficient management of resources Item 4R-13 Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 2 Item 4R-14 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 3 Item 4R-15 National Alliance for Youth Sports organization. Three (3) hours of practice space, per team, per week for youth (10 & under), and six (6) hours of practice space, per team, per week for middle school aged (11 & up). The City will allocate an additional 10% of practice space, beyond the number of hours of practice space per team, per week, to account for potential field closures related to inclement weather. The City will make the allocations no less than thirty (30) days prior to the start of practices for each season. The allocations will be specific to the park, complex, field, day and time. The athletic association will only have access to the specific fields allocated and only on the days and times allocated. Athletic facilities may only be used by the approved athletic associations during the following days and times for season practices and games. DAY BEGIN END Sunda 12:OOPM 10:OOPM Mon — Thurs 4:OOPM 10:OOPM Friday 4:OOPM 11:OOPM Saturday 8:OOAM 11:OOPM Exception: Field use at North Park shall cease by 9:OOPM daily (Sunday — Saturday) The athletic association is responsible for turning off all field lights when no longer in use each day. The City will set field lights to automatically turn off thirty (30) minutes after each day's end time. IV. Communication In working with the City's approved athletic association programs, the Department of Community Services shall: • Provide board member orientation on an annual basis for all athletic association board members/representatives • Meet with key athletic association board members/representatives at least one month prior to each season to discuss the details and logistics for the upcoming season • Meet with key athletic association board members/representatives as needed throughout the year • Provide, manage and monitor the City's athleticfields(a)ci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfields(c�ci.south lake. tx.us ll Item 4R-16 • Submit a complete schedule for practices/scrimmages and games (field number, age group, dates, times) no less than one (1) week prior to the beginning of the season to the City via email athleticfields(a)ci.south lake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(aD-ci.south lake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(a)ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying ■ may require up to 24 hours field closure ■ City will give a 48 hour notice ■ City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 5 Item 4R-17 • Maintain all back -stops, fences, gates, dugouts and bleachers in a safe and secure condition • Provide and install field equipment (bases, pitching rubbers, goals, etc.) Authorized users shall: • Be responsible for daily policing of all litter at the facility to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds • Place all litter in the bins, cans, and receptacles provided by the City. Note: If within the City's judgment, the authorized user does not comply with litter collection, a notification letter will be issued by the City requesting immediate compliance. Further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up • Be prohibited from performing any maintenance to any City property • Secure the facility when leaving (lock storage rooms, lock concession stands, secure scoreboard controllers, lock all field gates and building doors, turn off all field lights, interior building lights, and pavilion lights) • Be appropriately trained by City staff on the use of any field prep supplies and hand equipment if the association desires to prep fields more frequently than what is provided by the City VI. Field Closures Athletic fields will be closed to allow for the ongoing maintenance required to provide athletic fields that meet the Southlake standard. All athletic fields are closed during the months of December & January All athletic fields will be closed for twelve (12) consecutive days during the City's maintenance periods in June o The City will attempt to rotate fields and split maintenance on fields in an effort to keep half of the fields open for practices o Maintenance during this period includes: ■ Mowing/Verti-cutting as necessary (if heavy buildup of thatch) ■ Aeration / Top dressing / Fertilization of fields ■ Over-seeding/sod replacement in heavy wear spots (City to determine which fields one (1) month prior. Requires 10-20 days for seed germination or time for sod to take root) ■ Watering time needed to water in fertilizer and keep any seed or sod moist to allow for germination and to take root ■ Infield and complex maintenance Heavy use rectangular athletic fields (football/lacrosse/soccer) will be closed for two (2) weeks in September/October to allow for overseeding with rye grass o Depending on the weather, the City will make every possible effort to work with authorized users to schedule the overseeding around game schedules Athletic fields may also be closed due to inclement weather and/or safety concerns. Field closures due to inclement weather may be necessary if it is raining at game/practice time, if the fields/courts are too wet, and/or in the interest of participant safety and/or preservation of good playing surfaces. The procedures for inclement weather field closures are as follows: • Weekdays o Inspect athletic fields by 3:OOPM L Item 4R-18 o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o 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:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, 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 o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday — Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 7 Item 4R-19 X. Buildina Access & Vehicle Permits The City will work with the association to determine the appropriate number of key fobs and vehicle permits to be issued. The City will issue key fobs to authorized approved athletic association program representatives for access to concession stands and storage rooms. The association may 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. The association may request permission in writing to allow specific association representatives to drive their automobiles into the complex on the pedestrian pathways. The permit will only be issued by the City to 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 Department of Community Services for a permit. Violators may be ticketed by Southlake Police. XI. Liahtina Prediction Svstem The City has implemented the THOR GUARD Lightning Prediction System in its community parks. Lightning is a severe hazard that must be viewed seriously. Everyone should seek shelter any time they believe lightning threatens them, even if a signal has NOT been sounded. You will be warned by our THOR GUARD lightning prediction system, which sounds ONE 15 second blast of the horn signaling suspension of ALL activities, the strobe light will begin flashing and remain flashing until safe conditions return. You should seek immediate shelter. Activities may resume after THREE 5 second blasts of the horn are sounded and the strobe light stops flashing. XII. Park Reaulations The following regulations and restrictions are prescribed for the use of City parks: (1) Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any City park. (2) Riding, driving or walking horses in any City park. Except on designated horse trails, it shall be unlawful for any person to walk, drive or ride a horse or horses within any City park. (3) Riding or driving off -road motorized vehicles in City any park. Except on designated off - road trails, it shall be unlawful for any person to drive or ride an off -road vehicle within any City park. For the purposes of this section, an off -road vehicle is a motorized vehicle 8 Item 4R-20 designed and equipped for use off any paved roadway with such definition to specifically include off -road motor bikes, go-carts, and dune buggies. (4) Vehicular traffic prohibited in certain areas. Except in designated overflow parking areas, it shall be unlawful for any motor vehicle to stand, stop, and park or cross onto or into any portion of a City park other than upon a roadway or parking area so designated for such purposes. (5) Time limitations on public use of park. Except for a City sponsored event, it shall be unlawful for any person to use, enter into or be within a City park during any posted hours which the park is closed. (6) Littering. Littering is hereby prohibited in any City park. Littering shall include leaving trash or other items by persons picnicking within a City park and not placing trash and other items in appropriate trash receptacles provided in such park. (7) Firearms prohibited. It shall be unlawful for any person to carry on or about himself or to discharge a gun, pistol, rifle, or other firearm within any City park except that a person duly licensed by the state to carry a concealed handgun may carry a concealed handgun in accordance with state law. (8) Bicycles, skates, etc. It shall be unlawful for any person to ride a bicycle, scooter, skate board, in -line skates, or roller skates on any tennis court or basketball court owned or leased by the City, or in any other public areas posted by the City. (9) Hitting golf balls prohibited. Except in designated areas, it shall be unlawful for any person to hit golf balls in City parks. (10) Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at City parks. (11) Glass containers prohibited in City parks. It shall be unlawful for any person to possess a glass container in a City park. (12) Defacing public property. a. No person shall remove, destroy, mutilate, or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, building or other property located in any public park. b. No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public park. (13) Wild animals. It shall be unlawful to catch, injure, kill, strike, or attempt to strike with any object or weapon any animals within a public park, excluding fish, which may be obtained in designated fishing areas following the rules and regulations established by the state. (14) Climbing, etc., prohibited. It shall be unlawful to climb any trees or walk, stand or sit upon monuments, vases, fountains, walls, fences, railings, vehicles, or any other property not designated or customarily used for such purposes in any public park. (15) Pollution of waters. It shall be unlawful to throw, discharge to, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of E Item 4R-21 water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 10 Item 4R-22 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Revised Date: March 6, 2018 Approved by. City Council Original Approval Date: June 21, 2016 Approved by. City Council Recommendation Date: June 6, 2016 Recommended by: Parks & Recreation Board Recommendation Date: June 1, 2016 Recommended by: City Council/Parks & Recreation Board Athletics Task Force 11 Item 4R-23 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 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 pass an annual inspection by the Tarrant County Health Department. The ASSOCIATION and CITY are also each individually responsible for any applicable 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 ASSOCATION. 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 Item 4R-24 ice machines may be left on at all times. Ice machines shall be unplugged and 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 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.