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2011-07-11 Parks Board PacketCITY OF SOUTHLAK MEMORANDUM July 7, 2011 TO: Parks and Recreation Board Members FROM: Chris Tribble, Director of Community Services SUBJECT: Agenda Item Comments for the Parks and Recreation Board Meeting — Monday, July 11, 2011 at 6:00 p.m. The Parks Board meeting will begin at 6:00 p.m. in Southlake Town Hall, City Council Chambers. A light meal will be available at 5:30 p.m. Please let staff know if you will not be able to attend this meeting (Icarnenter(a-),ci.southlake. tx. us or 817. 748.8184). Thank you. 1. Aaenda Item No. 2. Administrative Comments: A. Oath of Office — Appointments to City boards and commissions were made by City Council at the June 21, 2011 meeting. Staff would like to welcome back reappointed Parks Board members Elaine Cox, John Slocum and Tina Wasserman. City Council will appoint a replacement for Place 4, which was vacated by Randy Williamson's transfer to the Planning & Zoning Commission, following an application and interview process. We look forward to working with the entire Parks Board and appreciate the time and dedication you have committed to the City. The Oath of Office will be administered to the reappointed members. In addition to the Oath of Office, the Office of the City Secretary has several administrative documents that must be completed by the appointees and existing members. You should have received an email from the City Secretary with those documents attached; however, copies of each document will be provided at the meeting for your convenience to complete and return to staff. B. Parks and Recreation Quarterly Report — Recreation Superintendent Steve Moore will distribute statistical reports and provide a presentation about the recreation programs, events and athletic association participation at the meeting. 2. Agenda Item No. 3A. Consent: Approval of the minutes from the regular Parks and Recreation Board meeting held June 13, 2011. If you have corrections to these meeting minutes, please make it part of the motion for consideration. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — July 11, 2011 Page 2 of 3 3. Agenda Item No. 3B. Consent: Absence of Parks and Recreation Board Members — The Parks Board will consider the absence of Park Board member Gregg Formella from the regular Parks Board meeting held June 13, 2011. A copy of the Attendance Report is in your packet. 4. Agenda Item No. 4. PUBLIC FORUM: This is the public's opportunity to address the Board about non -agenda items. During this proceeding it is important that the Board not deliberate (discuss among yourselves) or take action on any item brought up at this time. The Boards' options during this topic are 1) to listen, 2) ask questions and respond to the presenter only, 3) request staff to look into the issue and report back to the Board and/or 4) request that the Chair put the item on a future agenda for the Board to discuss or consider. 5. Agenda Item No. 5A. Consider: Recommendation on a Facilities Utilization Agreement with Dragon Youth Football — If approved, the proposed facilities utilization agreement (FUA) with the Dragon Youth Football (DYF) Association is for the period from August 15, 2011 through November 18, 2011 and will allow the Association to use the turf area at the Bob Jones Park Amphitheatre for flag football practices. Recall previously the City had a facilities utilization agreement with DYF for the use of the same area at Bob Jones Park from August 18, 2010-November 30, 2010. The proposed 2011 FUA provides that Dragon Youth Football Association will pay a field maintenance fee of $12.00 per player, per season for each child participating in DYF's flag football program. A copy of the proposed FUA is included in your packet. 6. Agenda Item No. 5B. Consider: Election of Parks and Recreation Board Officers for FY 2011-12 — This item is placed on your agenda to allow for the election of Parks and Recreation Board officers for FY 2011-12. Per the Southlake City Code, Section 12-78, as soon as practicable after the annual appointment of new board members by the City Council, the Board shall select from the members a Chairman, Vice Chairman, and Secretary each to serve until the next annual election. Any sitting Board member may be considered for the officer positions. A current roster of the Board is provided in the packet memo. OTHER ITEMS OF INTEREST 7. City Council Action — The following park -related action items were considered by City Council at the June 21, 2011 meeting: Approved contract with Schrickel, Rollins and Associates, Inc., for the design and engineering of Bicentennial Park Phase II in the amount of $1,234,000 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date —July 11, 2011 Page 3 of 3 Approved Ordinance No. 1002, 2nd Reading, Bob Jones Nature Center and Preserve Master Plan, a component of the Southlake 2030 Parks, Recreation and Open Space Plan As always, we appreciate your commitment and service to the City. Chris Tribble STAFF CONTACT INFORMATION: Telephone — (817) 748-8203 Facsimile — (817) 748-8027 1400 Main Street, Suite 210, Southlake, TX 76092 Chris Tribble, Director of Community Services, 817-748-8021, (ctribble@_j Candice Sanders, Assistant to the Director, 817-748-8311; (csanders@_j Kari Happold, Deputy Director of Community Services, 817-748-8018, (khappold@_j Linda Carpenter -Elgin, Administrative Secretary, 817-748-8184; (Iarpenter@_j City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKI PARKS AND RECREATION BOARD MEETING Monday, July 11, 2011 6:00 p.m. LOCATION: Southlake Town Hall — Council Chambers 1400 Main Street Southlake, Texas REGULAR SESSION: 1. Call to order 2. Administrative Comments: A. Oath of Office B. Parks and Recreation Quarterly Reports 3. Consent: A. Approve minutes from the regular Parks and Recreation Board meeting held June 13, 2011 B. Absence of Parks and Recreation Board members REGULAR AGENDA: 4. Public Forum 5. Consider: A. Recommendation on a Facilities Utilization Agreement with Dragon Youth Football B. Election of Parks and Recreation Board Officers for 2011-12 6. Discussion: No items this agenda 7. Adjournment City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date —July 11, 2011 Page 2 of 2 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on July 8, 2011 by 6:00 p.m. pursuant to Chapter 551 of the Texas Government Code. Alicia Richardson, TRMC City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 reasonable accommodations will be made to assist you. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Oath of Office "I do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Parks & Recreation Board for the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the City. furthermore solemnly swear (or affirm) that have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." CITY OF SOUTHLAKE MEMORANDUM July 7, 2011 TO: Parks and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Parks and Recreation Quarterly Report Staff will distribute statistical data reports on the athletic programs and provide a PowerPoint presentation about the various recreation programs and events at the meeting on Monday. 2113-1 CITY OF SOUTHLAKE PARKS AND RECREATION BOARD MEETING: June 13, 2011 LOCATION: Southlake Town Hall — Council Chambers 1400 Main Street Southlake, Texas TIME: 6:00 p.m. Parks and Recreation Board Members present: Chairman John Slocum, Vice -Chairman Tina Wasserman, Secretary Julie Landesberg, and Board Members Margaret Adams, Sherry Berman, Elaine Cox, Kevin Smith and Randy Williamson Parks and Recreation Board Members absent: Board Member Gregg Formella Staff present: Director of Community Services Chris Tribble and Assistant to the Director Candice Sanders Agenda Item No. 1. Call to order. Chairman Slocum called the meeting of the Parks and Recreation Board to order at 6:05 p.m. REPORTS/CONSENT AGENDA: enda Item No. 2. Administrative Comments. A. Construction Management Report — The June Construction Management Report was distributed in the meeting packet. Staff responded to questions regarding completion of North Park project and Bicentennial Park Phase I grand opening in September. B. Leases with US Army Corp of Engineers (USACE) — City Council will consider two lease agreements for additional Corps property adjacent to Southlake at an upcoming City Council meeting in August. The City's current 25-year lease with the COE for 218 acres with an expiration date of 2023 will be replaced with a new lease that will include the original 218 acres and add an additional 230 acres. The new lease is for 25 years, August 3, 2011- July 31, 2036. The City will also enter into a new 25-year lease agreement, beginning August 1, 2011, with the COE for 129.7 acres of land designated as Wildlife Management Area. Maintenance costs to the City will be minimal. A map of the properties designated in the leases is attached to the minutes. The Board expressed interest in obtaining the COE land that is currently leased by Trophy Club and falls in Southlake jurisdiction if it becomes available in the future. 3A - 1 Unofficial Minutes of the June 13, 2011 Parks Board Meeting Page 2 of 4 C. Sponsorship Program Update — The Sponsorship Program will be presented at a future City Council meeting to receive initial feedback and direction on revenue opportunities. Then the information will be incorporated into the Program and brought back to the Parks Board for their input and recommendation and for presentation to the athletic associations. Agenda Item No. 3A. Consent: Approve minutes from the joint Southlake Parks Development Corporation/Parks and Recreation Board/2030 Parks, Recreation and Open Space Committee meeting held May 9, 2011 at 5:30 p.m. — There were no corrections to the minutes. Agenda Item No. 3113. Consent: Approve minutes from the regular Parks and Recreation Board meeting held May 9, 2011 at 7:30 p.m. — There were no corrections to the minutes. Agenda Item No. 3C. Consent: Absence of Parks and Recreation Board members — The Parks Board considered the absence of Randy Williamson from the May 9, 2011 joint SPDC/Parks Board/2030 Committee meeting at 5:30 p.m. and the regular Parks Board meeting held at 7:30 p.m. A motion was made to approve the Consent Agenda with both sets of meeting minutes and the absence of Randy Williamson as presented. Motion: Cox Second: Adams Ayes: Adams, Berman, Cox, Landesberg, Slocum, Smith, Wasserman, Williamson Nays: None Abstain: Williamson (abstained from vote on minutes only; voted in favor to excuse absence) Approved: 8-0 Agenda Item No. 4. Public Forum. Joe Garcia, 809 Silverton, Southlake, Texas, voiced frustration about the lack of timely communication from staff about cancelation of the summer volleyball league. Chair Slocum requested Director Tribble to look into the issue and report back at the next meeting. Agenda Item No. 5A. Consider: Recommendation on professional services contract with Schrickel, Rollins and Associates, Inc., for the design and engineering of Bicentennial Park Phase II — Director Tribble presented information about the contract with Schrickel, Rollins and Associates, Inc., (SRA) for the design and engineering of Bicentennial Park Phase II. City Council previously prioritized Bicentennial Park Phase II as the No. 2 Priority in the FY 2011 SPDC CIP and has approved $1,831,000 in the FY 2011 SPDC CIP Capital Budget. The projected cost of the contract is $1,234,000. SRA president Terry Cheek was present to respond to the Board. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-2 Unofficial Minutes of the June 13, 2011 Parks Board Meeting Page 3 of 4 This item was discussed by the Parks Board. A recommendation was made to rotate the ball fields to be more north and south facing to eliminate challenges with east/west direction into the sun. A motion was made to recommend approval of the professional services contract with Schrickel, Rollins and Associates, Inc., for the design and engineering of Bicentennial Park Phase II. Motion: Wasserman Second: Cox Ayes: Adams, Berman, Cox, Landesberg, Slocum, Smith, Wasserman, Williamson Nays: None Abstain: None Approved: 8-0 Agenda Item 6. Discussion: There were no agenda items for discussion at this meeting. Non -Agenda Items — Parks Board discussed the following topics not listed on the June 13, 2011 meeting agenda: Quarterly Reports — A quarterly report on recreation programs enrollment and youth sports association participation will be presented at the July Parks Board meeting. Garden District in Town Square — Staff will research and report back to the Park Board on the status of a proposed park, including a pond and trail, in the area of Town Square where the new lofts are to be built. Dog Park — Staff will follow-up on the lighting at the dog park. Kevin Smith term on the Parks Board — On behalf of staff and the Parks Board, Chair Slocum thanked Parks Board member Kevin Smith for his participation on the Parks Board during his term that expired May 2011. A motion was made to adjourn the meeting. Motion: Cox Second: Smith Ayes: Adams, Berman, Cox, Landesberg, Slocum, Smith, Wasserman, Williamson Nays: None Abstain: None Approved: 8-0 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-3 Unofficial Minutes of the June 13, 2011 Parks Board Meeting Page 4 of 4 John Slocum Chairman, Parks & Recreation Board Chris Tribble Director, Community Services Dept. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-4 CITY OF SOUTHLAK MEMORANDUM July 7, 2011 TO: Parks and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Absence of Parks and Recreation Board Member(s) — Standing Agenda Item Action Requested: Parks Board consideration of the absence of Parks Board member Gregg Formella from the June 13, 2011 regular Parks Board meeting. Background Information: The "Absence Policy for Parks and Recreation Board" adopted July 12, 2004 provides a mechanism for consideration of absences of Board members from regular or special Parks Board meetings. This item is listed as a standing item on meeting agendas. Financial Considerations: None Strategic Link: N/A Citizen Input/ Board Review: Parks Board approved the Absence Policy at the July 12, 2004 meeting. Legal Review: N/A Alternatives: Any commentary as appropriate. Supporting Documents: Attendance Log Staff Recommendation: Parks Board consideration of the absence of Parks Board member Gregg Formella from the June 13, 2011 regular Parks Board meeting. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork K] =�1 2011 Parks and Recreation Board Meetings Attendance Log Meeting Dates: 1/10 2/15 2/15 3/21 4/11 5/09 6/13 7/11 8/08 9/12 10/10 11/14 12/12 Members: Elaine Cox Julie Landesberg John Slocum Margaret Adams Sherry Berman Kevin Smith Tina Wasserman Randy Williamson Gregg Formella P P P P P P P P A A P P P P P P P P P P P P P P A P P P P P P P P P P A P P A P P P P P P P P P P P P P A P A P P P P P A P A Notes: P = Present A = Absent \ = Not Active X = Cancelled AP = Appointed * = Term Expired R = Resigned Note: The 4/11/11 regular Parks Board meeting was preceded by a joint Council/SPDC/Parks Board Work Session. The 5/9/11 regular Parks Board meeting was preceded by a joint SPDC/Parks Board/2030 Committee meeting. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3B-2 CITY OF SOUTHLAK MEMORANDUM July 7, 2011 TO: Parks and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on 2011 Facilities Utilization Agreement with Dragon Youth Football Action Requested: Parks Board review and recommendation on a 2011 Facilities Utilization Agreement with Dragon Youth Football (DYF). Background Information: The City of Southlake coordinates with various youth sports associations to offer a variety of athletic programs. These arrangements are historically documented and authorized through a written agreement referred to as a facilities utilization agreement. A separate agreement is held with each of the youth athletic organizations participating in the use of City -owned fields and facilities. The FUA with DYF presented for your review and recommendation was developed using the results from meetings and discussions by City Council members Laura Hill and Al Zito, Parks Board Chair John Slocum, Parks Board member Sherry Berman, representatives from each athletic association, and staff that occurred last year to standardize all FUAs. Notwithstanding the updated format changes, the proposed FUA with DYF is essentially the same agreement that was approved last year for the use of the turf area at the Bob Jones Park Amphitheatre for flag football practices. The proposed 2011 FUA provides that DYF will use the same area at Bob Jones Park from August 15, 2011 through November 18, 2011, and requires payment of a field maintenance fee of $12.00 per player, per season for each child participating in DYF's flag football program. Note: DYF participants are all Southlake residents, therefore no non- resident fee is applicable. A copy of the proposed FUA is attached to this memo. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 5A - 1 Parks and Recreation Board Meeting Date —July 11, 2011 Page 2 of 2 Financial Considerations: As per the previously approved FUA, DYF will pay the field maintenance fee of $12.00 per player, per season (one Fall season) for each child participating in DYF's flag football program. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Partnerships and Volunteerism, and Performance Management and Service Delivery and meets the corporate objective to Collaborate with Select Partners to Implement Service Solutions, Promote Opportunities for Partnerships and Volunteer Involvement, and to Provide High Quality Customer Service. Citizen Input/ Board Review: Parks Board will consider the proposed 2011 FUA with DYF at their July 11, 2011 meeting. City Council will consider this item at their August 2, 2011 meeting. 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: ■ Recommendation for approval as presented ■ Recommendation for approval with input as desired ■ Recommendation not to approve Supporting Documents: Supporting document includes the following items: • Proposed 2011 Facilities Utilization Agreement with DYF Staff Recommendation: Parks Board review and recommendation to approve a 2011 Facilities Utilization Agreement with Dragon Youth Football. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 5A-2 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 Dragon Youth Football 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. 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. 5A-3 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 MANAGERS 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 as per Section 6. 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 to the CITY, the rosters of all participants (listing where participants domicile) within two (2) weeks after the last regular practice. The ASSOCIATION shall furnish to the CITY the full practice schedule for the season (Fall) at least two (2) weeks prior to the first regular practice schedule. 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 (Fall) per the table below within two (2) weeks after the last practice to cover the costs of maintaining the fields in playing condition. 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, and shall cease field usage (includes practices and games) at dusk. 5A-4 The CITY reserves the right to utilize the facilities when league practices are not scheduled. If facility is abandoned, the Agreement is terminated. The ASSOCIATION, while able to use the facilities pursuant to the terms of this agreement, will in good faith work with the CITY regarding the CITY'S efforts to also make such facilities available on an equitable basis to any other entity(ies) deemed suitable by the City that also legitimately seek to have some use of the facilities. 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 Comprehensive General Public Liability MINIMUM LIMIT $1,000,000 - Combined Single Limit Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. 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 and CISD Athletic 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 5A-5 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 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 11 OF THIS AGREEMENT. TO THE EXTENT 5A-6 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. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" — 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. SECTION 13 RESIDENT PARTICIPATION Both the CITY and the ASSOCIATION agree on a goal that all youth 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. SECTION 14 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: 5A-7 • 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 14 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 ATTEST: CITY OF SOUTHLAKE Alicia Richardson, TRMC City Secretary Approved as to form City Attorney by: Mayor John Terrell City of Southlake President Dragon Youth Football Association 5A-8 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. 2. The CITY shall provide and maintain all area lighting systems. 3. The CITY shall be responsible for the maintenance of any irrigation system and watering of the infields and any adjacent park irrigation systems and the watering of non -athletic turf areas. 4. The ASSOCIATION shall continue to be responsible for daily policing of all litter on the field(s) to include parking lot, playing areas, fences, 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 $25.00 per hour/per staff member for litter clean up. 5. The ASSOCIATION shall be prohibited from performing any maintenance to any CITY property, including any turf areas without permission from the CITY. 6. 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. 7. All rescheduled practice or make-up practice must be approved by the CITY. ASSOCIATION must provide at least 24 hours notice to CITY of scheduled make-up practice. 5A-9 EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure 1. It is raining at practice time. 2. Fields are 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/siteContent/70/documents/Departments/C ommunityServices/Parks/RainoutLine.pdf 5. The Parks Manager or designee will have the final responsibility for canceling practices with regards to field conditions for weekday practices. 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 practices 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 practices 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 practices. Note: The website is only updated Monday through Friday. 5. The Parks Manager or designee shall consult with the ASSOCIATION's 5A - 10 Field Manager about the status of the fields. 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 Resaonsibility for Imalementation 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. 5A - 11 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT CITY OF SOUTHLAKE AND DRAGON YOUTH FOOTBALL ASSOCIATION APPENDIX SECTION A SCOPE OF SERVICES The ASSOCIATION agrees to provide a recreational Dragon Youth Football program that adheres to the City of Southlake's organization values outlined in Section 14 of the Agreement. The CITY agrees to permit the use of its facilities known as Amphitheater Area, located in Bob Jones Park, to Dragon Youth Football Association for the 2011 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 August 15, 2011, through November 18, 2011. At the CITY's option and with mutual agreement by the ASSOCIATION, the Agreement may be renewed annually for a period of twelve (12) months for two additional terms by giving the ASSOCIATION written notice. If the CITY elects to so renew this Agreement, ASSOCIATION shall update and submit any documents required in accordance with terms and conditions of this Agreement. The documents which the ASSOCIATION shall submit, if applicable, include, but are not limited to: proof of insurance, full schedule, and proposed appendices listed in this Agreement. 3. The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for "Regular season" practices, tryouts and scrimmages. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above. 4. Youth Football shall consist of the following season(s): a. Fall (August — November) 5. All fields will be unavailable during the CITY's scheduled maintenance periods. 6. The CITY will have priority to the facility for any CITY event. 5A - 12 7. Additional facility usage may be permitted by the Director of Community Services. Additional facility usage requests must be submitted in writing to the Director of Community Services a minimum of two (2) weeks in advance. 8. 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. 9. At no time, may an automobile be parked at any location other than designated parking areas. All automobiles must be parked in the parking lot. Violators will be ticketed by Southlake Police. 10. 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. 11. During practices and games, badges must be worn by all coaches. 5A - 13 CITY OF SOUTHLAKE MEMORANDUM July 7, 2011 TO: Parks and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Election of Parks and Recreation Board Officers for FY 2011-12 Action Requested: Election of Parks and Recreation Board Officers for FY 2011-12. Background Information: The Southlake City Code, Section 12-78, "Meetings and by- laws," states the following: "As soon as practicable after the annual appointment of new board members by the City Council, the Board shall select from the members a Chairman, Vice Chairman, and Secretary each to serve until the next annual election. Should any of the above referenced officer positions become vacant, the Board shall hold a special election to fill such vacancy for the duration of the unexpired term." Any sitting Board member may be considered for the officer positions to include Chair, Vice Chair, and Secretary. The current Board members are: ■ Elaine Cox — Place 1 ■ Tina Wasserman — Place 2 (current Vice Chair) ■ John Slocum — Place 3 (current Chairman) ■ Vacant — Place 4 ■ Sherry Berman — Place 5 ■ Margaret Adams — Place 6 ■ Gregg Formella — Place 7 It should be noted the number of Parks Board members was reduced to seven (7) members by City Council when appointments were made June 21, 2011. City Council will accept applications and conduct interviews later this summer to fill board vacancies that were not filled at the June 21 meeting. Financial Considerations: None City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 5B - I Parks and Recreation Board Meeting Date —July 11, 2011 Page 2 of 4 Strategic Link: N/A Citizen Input/ Board Review: N/A. Legal Review: N/A Alternatives: Any commentary as appropriate. Supporting Documents: Supporting documents include the following items: ■ Copy of Southlake City Code Section 12-78, Article III as amended by Ordinance No. 881 adopted October 5, 2004. ■ Current Parks Board Roster Staff Recommendation: Election of Parks and Recreation Board Officers for 2011-12. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 5B-2 Parks and Recreation Board Meeting Date —July 11, 2011 Page 3 of 4 Sec, 12-7S. _leetings and by -lags. As soon as practicable after the annual appointment of new board members by the cite council, the board shall select from the members a chair, vice chair; and secretary, each to serve until the next annual election. Should any of the above -referenced officer positions become vacant, the board shall held a special election to fill such vacancy for the duration of the unexpired term. The board shall adopt by-laws to govern the holding of its meetings which, at a mininnun, shall encompass the follm�mg: City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 5B-3