2016-09-12 Parks Board PacketCITY OF
SOUTHLAKE
MEMORANDUM
August 30, 2016
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, September 12, 2016 at 6:00 p.m.
The regular Park Board meeting will begin promptly at 6:00 p.m. in Town
Hall Council Chambers.
Please advise staff if you are not able to attend this meeting
(Icarpenter(a)ci.southlake.tx.us or 817.748.8184). Thank you.
REGULAR AGENDA
1. Agenda Item No. 1. Call To Order
2. Agenda Item No. 2. Consent
A. Approve minutes from the joint Southlake Parks Development
Corporation and Parks and Recreation Board meeting held August
4, 2016. Please make any corrections to the minutes part of the
motion for consideration.
B. Approve minutes from the regular Parks and Recreation Board
meeting held August 4, 2016. Please make any corrections to the
minutes part of the motion for consideration.
C. Absence of Parks and Recreation Board Members — The Board will
consider the absence of Mike Pazera, Miguel Salinas and Paul
Venesky from the August 4, 2016 meeting. A copy of the
Attendance Report is in your packet.
3. Agenda Item No. 3. Public Forum
This is the public's opportunity to address the Board about non -agenda
items. During Public Forum, the Board will not discuss or take action on
any item brought up at this time
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Parks and Recreation Board
Meeting Date — September 12, 2016
Page 2 of 4
4. Agenda Item No. 4. Discussion
A. Southlake Youth Athletic Associations Reports — Representatives
from Southlake's youth athletic associations have been invited to the
meeting by the Board to present information related to their
respective association. Staff will email Dashboard reports to Park
Board Friday, September 9. Copies will also be available at the
meeting. Please contact Deputy Director Kate Meacham with any
questions.
B. Parks & Recreation Update - This is a standing item on the agenda
to allow staff to update the Board about current and future Parks &
Recreation activities and events. A copy of the Parks & Recreation
Report is included in your packet.
5. Agenda Item 4. Consider
A-D. Recommendation on Facilities Utilization Agreements with
Southlake Carroll Lacrosse Association, Grapevine Southlake
Soccer Association, Southlake Baseball Association and the Miracle
League of Southlake — The purpose of agenda items A-D are to
seek Park Board's recommendation on Facilities Utilization
Agreements (FUA) with the lacrosse, soccer, baseball youth athletic
associations and the Miracle League of Southlake respectively.
The proposed FUAs have been revised based on the
recommendations of the City Council/Parks & Recreation Board
Athletics Task Force and the Parks & Recreation Board. The
Athletics Task Force and staff met with representatives from the
sports associations in June 2016 to discuss the changes.
The FUAs have been updated to include the approved "Policy for
the Provision of Athletic Facilities" as Exhibit A attachment to the
FUA. The Policy, which outlined in detail the association's scope of
services and the City's obligations, was approved by City Council
June 21, 2016. It was discussed and recommended by the Athletics
Task Force at a meeting held June 1, 2016, and by the Parks &
Recreation Board at their June 6, 2016 meeting.
The updated versions of the FUA are being executed with all of the
sports associations to manage athletic association's use of City
athletic field space.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Parks and Recreation Board
Meeting Date — September 12, 2016
Page 3 of 4
A copy of the proposed FUA for each of the individual associations
is included in your packet for consideration. City Council will
consider the FUAs at their September 20, 2016 meeting.
E. Recommendation on 2017 Standards of Care — The purpose of this
item is for Park Board to make a recommendation to City Council on
the 2017 Standards of Care for the City's elementary -age recreation
programs, including Camp Mania, offered by the Community
Services Department.
The annual adoption of an ordinance for Standards of Care is in
compliance with Section 42.041(b)(14) of the Texas Human
Resources Code that requires "that an elementary -age recreation
program operated by a municipality is not required to obtain a
license from the state provided that the governing body of the
municipality annually adopts standards of care for such programs by
ordinance after a public hearing."
The proposed 2017 Standards of Care includes staffing ratios, staff
qualifications, facility, health and safety standards and mechanisms
for monitoring and enforcing care standards. Programs operated by
the City are recreation in nature and are not day care programs,
which require additional guidelines. A certificate of exemption from
the Texas Department of Family and Protective Services has been
issued to the City for its youth programs. A copy of proposed
Ordinance No. 1164 of the 2017 Standards of Care is included with
your packet memo.
Approval of the 2017 Standards of Care ordinance will have no
additional financial impact to the budget. City Council will consider
first reading of the 2017 Standards of Care ordinance at the
September 20, 2016 meeting. If approved at first reading, the
second reading and public hearing will be held October 4, 2016.
OTHER ITEMS OF INTEREST
6. City Council Action — The following park and recreation -related action items
were considered by City Council at the August 2, August 16 and
September 6, 2016 meetings. There were no City Council meetings held
during July.
Approved the Site Plan for The Marq Southlake Champions Club
Approved the Site Plan for Southlake Tennis Center
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Parks and Recreation Board
Meeting Date — September 12, 2016
Page 4 of 4
• Approved the contract for Construction Manager at -Risk services
with Haydon Building Corporation and the Guaranteed Maximum
Price Admendment in the amount of $32,988,686 for the
construction of The Marq Southlake Phase 2
City Council agendas are posted on the City's webpage 6pm the Friday
preceding the City Council meeting. You may sign up to receive a copy of
the agenda at "Notify Me" tab at.http://www.citvofsouthlake.com/1ist.asp .
7. Park Facilities Tour — Just a reminder the Park Facilities Tour will be
hosted Monday, September 19, 9:30am — 12:30pm, with an optional
lunch to follow. Please let staff know if you wish to attend.
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(cDci.southlake.tx.us)
Cassie Tucker, Assistant to the Director, 817-748-8036, (ctucker(d.)ci.southlake.tx.us)
Candice Edmondson, Deputy Director of Community Services, 817-748-8311; cedmondson(E�ci.southlake.tx.us
Kate Meacham, Deputy Director of Community Services, 817-748-8018; (kmeacham(d.)ci.southlake.tx.us)
Linda Carpenter -Elgin, Administrative Secretary, 817-748-8184;(Caroenter(a)ci.southlake.tx.us)
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
19CITY OF
SOUTHLAKE
PARKS AND RECREATION BOARD MEETING
Monday, September 12, 2016
6:00 p.m.
LOCATION: Southlake Town Hall
Council Chambers
1400 Main Street
Southlake, Texas 76092
REGULAR SESSION:
1. Call to Order
2. Consent
A. Approve minutes from the joint Southlake Parks Development Corporation and
Parks and Recreation Board meeting held August 4, 2016
B. Approve minutes from the regular Parks and Recreation Board meeting held
August 4, 2016
C. Absence of Parks and Recreation Board members
3. Public Forum
4. Discussion
A. Southlake Youth Athletic Associations Reports
B. Parks & Recreation Update
5. Consider
A. Recommendation on Facilities Utilization Agreement with Southlake Carroll
Lacrosse Association
B. Recommendation on Facilities Utilization Agreement with Grapevine Southlake
Soccer Association
C. Recommendation on Facilities Utilization Agreement with Southlake Baseball
Association
D. Recommendation on Facilities Utilization Agreement with Miracle League of
Southlake
E. Recommendation on 2017 Standards of Care
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Parks and Recreation Board
Meeting Date — September 12, 2016
Page 2 of 2
6. Adjournment
A quorum of the City Council may be present at this meeting.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall,
1400 Main Street, Southlake, Texas, on Friday, September 9, 2016 by 6:00 p.m. pursuant to
Chapter 551 of the Texas Govern rrl9,n Code.
Lori Payne, TRM9
City Secretary aJ
If you plan to attend this public melt .9 a*ckrk 'd disability that requires special needs, please advise the City
Secretary 48 hours in advance at 817.746%0% reasonable accommodations will be made to assist you.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
CITY OF
SOUTHLAKE
JOINT SOUTHLAKE PARKS DEVELOPMENT CORPORATION AND PARKS AND
RECREATION BOARD MEETING MINUTES: AUGUST 4, 2016
LOCATION: The Marq Southlake, 285 Shady Oaks Drive, Southlake, Texas 76092
SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEMBERS PRESENT:
President Randy Williamson, Secretary Sherry Berman, and members John Huffman,
Shawn McCaskill, Tamara McMillan, and Tina Wasserman.
SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEMBERS ABSENT: Vice -
President Gary Fawks.
PARKS AND RECREATION BOARD MEMBERS PRESENT: Chair Tina Wasserman,
Vice -Chair Frances Scharli, and members Mitch Hill and Lori Palmer.
PARKS AND RECREATION BOARD MEMBERS ABSENT: Miguel Salinas, Mike
Pazera, and Paul Venesky.
STAFF PRESENT: Director of Community Services Chris Tribble, Deputy Director of
Community Services Candice Edmondson, Deputy Director of Community Services
Kate Meacham, Chief Financial Officer Sharen Jackson, Construction Manager Peter
Kao, and City Secretary Lori Payne.
1. CALL TO ORDER
President Williamson on behalf of himself and Chair Wasserman called the joint
meeting of the Southlake Parks Development Corporation and Parks and Recreation
Board to order at 8:48 p.m.
2. CONSENT:
2A. APPROVAL OF THE MINUTES FROM THE DECEMBER 1, 2015 SOUTHLAKE
PARKS DEVELOPMENT CORPORATION MEETING (SPDC ACTION).
APPROVED
A motion was made to approve the minutes from the December 1, 2015 Southlake
Parks Development Corporation meeting.
Motion:
Huffman
Second:
McCaskill
Ayes:
Berman, Huffman, McCaskill, McMillan, Wasserman, Williamson
Approved:
6-0
3. PUBLIC FORUM
2A - 1
President Williamson opened the public forum. There being no one wishing to speak,
President Williamson closed the public forum.
4. CONSIDER:
4A. RECOMMENDATION ON PROPOSED FY 2017 SPDC OPERATING BUDGET.
PUBLIC HEARING (SPDC ACTION).
APPROVED
Director of Community Services Chris Tribble presented this item and answered
questions from the Boards. Chief Financial Officer Sharen Jackson also answered
questions from the Boards.
The Boards discussed various aspects of the SPDC Operating Budget and CIP such as:
elimination of the Wifi line item; the pollinator garden at the Bob Jones Nature Center
and Preserve; elimination of Safety Town Park; removal of the sand volleyball courts in
Phase 3 of Bicentennial Park; enclosing two to three tennis courts at the Southlake
Tennis Center; and advancing additional parking and lighting at Liberty Park at
Sheltonwood as soon as possible.
President Williamson opened the public hearing. There being no one wishing to speak,
President Williamson closed the public hearing.
A motion was made by the Southlake Parks Development Corporation to approve the
recommendation on proposed FY 2017 SPDC Operating Budget noting the deletion of
the line item for Parks System Wifi Implementation in the amount of $50,000.
Motion:
McCaskill
Second:
Huffman
Ayes:
Berman, Huffman, McCaskill, McMillan, Wasserman, Williamson
Approved:
6-0
4B. RECOMMENDATION ON PROPOSED FY 2017-2021 SPDC CAPITAL
IMPROVEMENT PROGRAM AND FY 2017 SPDC CAPITAL BUDGET. PUBLIC
HEARING (PARK BOARD AND SPDC ACTION)
APPROVED
Director of Community Services Chris Tribble presented this item and answered
questions from the Boards. Chief Financial Officer Sharen Jackson also answered
questions from the Boards.
President Williamson opened the public hearing for the Parks and Recreation Board.
There being no one wishing to speak, President Williamson closed the public hearing.
Chair Wasserman called for a motion from the Parks and Recreation Board on Item 4B.
2A-2
A motion was made by the Parks and Recreation Board to approve the
recommendation on proposed FY 2017-2021 SPDC Capital Improvement Program and
FY 2017 SPDC Capital Budget as presented with the following amendments:
• Removing the sand volleyball courts from Bicentennial Park, Phase 3;
• Directing staff to begin the process to enclose two to three (with a preference of
three) tennis courts at Southlake Tennis Center;
• Removing Safety Town Park from the Capital Improvement Program; and,
• Directing staff to review options to advance additional parking and lighting at
Liberty Park at Sheltonwood as soon as possible.
Motion:
Scharli
Second:
Hill
Ayes:
Berman, Hill, Scharli, Wasserman
Approved:
4-0
President Williamson called for a motion from the Southlake Parks Development
Corporation on Item 4B.
President Williamson opened the public hearing for SPDC. There being no one wishing
to speak, President Williamson closed the public hearing.
A motion was made by the Southlake Parks Development Corporation to approve the
recommendation on proposed FY 2017-2021 SPDC Capital Improvement Program and
FY 2017 SPDC Capital Budget as presented noting the following:
• Removing the sand volleyball courts from Bicentennial Park, Phase 3;
• Directing staff to begin the process to enclose two to three (with a preference of
three) tennis courts at Southlake Tennis Center;
• Removing Safety Town Park from the Capital Improvement Program; and,
• Directing staff to plan for and advance additional parking and lighting at Liberty
Park at Sheltonwood as soon as possible.
Motion:
McCaskill
Second:
Huffman
Ayes:
Berman, Huffman, McCaskill, McMillan, Wasserman, Williamson
Approved:
6-0
5. MEETING ADJOURNED
On behalf of both boards, President Williamson adjourned the meeting at 9:21 p.m.
2A-3
Randy Williamson
Southlake Parks Development
Corporation
President
ATTEST:
Lori Payne
Southlake Parks Development Corporation Liaison
City Secretary
ATTEST:
Chris Tribble
Parks and Recreation Board Liaison
Director of Community Services
Tina Wasserman
Parks and Recreation Board
Chair
2A-4
CITY OF
SOUTHLAKE
PARKS AND RECREATION BOARD MEETING: AUGUST 4, 2016
LOCATION: Southlake Town Hall
Council Chambers
1400 Main Street
Southlake, Texas
TIME: 8:30 p.m.
PARKS AND RECREATION BOARD MEMBERS PRESENT: Chairman Tina Wasserman and
Vice Chair Frances Scharli; and Board Members Mitch Hill, Lori Palmer
PARKS AND RECREATION BOARD MEMBERS ABSENT: Miguel Salinas, Mike Pazera and
Paul Venesky
STAFF PRESENT: Director of Community Services Chris Tribble; Deputy Director of
Community Services Kate Meacham; and Deputy Director of Community Services Candice
Edmondson
REGULAR AGENDA
1. CALL TO ORDER
Chairman Wasserman called the regular meeting of the Parks and Recreation Board to
order at 9:25 p.m.
2. CONSENT AGENDA
Consent Agenda items are considered to be routine and are enacted with one motion by
the Board.
2A. APPROVAL OF THE MINUTES FROM THE JUNE 6, 2016 REGULAR PARKS AND
RECREATION BOARD MEETING.
No corrections were made to the June 6, 2016 Park Board meeting minutes.
2B. ABSENCE OF PARKS AND RECREATION BOARD MEMBERS
The Board considered the absence of Paul Venesky from the June 6, 2016 meeting.
APPROVED
A motion was made to approve the Consent Agenda including the minutes of the Park
Board meeting of June 6, 2016 and the absence of Paul Venesky as presented.
Motion: Scharli
Second: Hill
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
2B-1
Minutes of the August 4, 2016 Parks Board Meeting
Page 2 of 4
Ayes:
Hill, Palmer, Scharli and Wasserman
Nays:
None
Abstain:
None
Vote:
4-0
Motion Carried.
3. PUBLIC FORUM
Chairman Wasserman opened public forum at 9:26 p.m. There being no one to speak,
Chairman Wasserman closed public forum at 9:26 p.m.
4. CONSIDER
4A. ELECTION OF OFFICERS FOR THE PARKS AND RECREATION BOARD
Chair Wasserman presented this item.
APPROVED
A motion was made to nominate Tina Wasserman as Chairman, Frances Scharli as
Vice Chair and Lori Palmer as Secretary to serve for the next year.
Motion:
Hill
Second:
Scharli
Ayes:
Hill, Palmer, Scharli and Wasserman
Nays:
None
Abstain:
None
Vote:
4-0
Motion Carried.
4B. RECOMMENDATION ON FISCAL YEAR 2017 PARKS AND RECREATION
GENERAL FUND OPERATING BUDGET
Director of Community Services Chris Tribble presented an overview of the proposed
FY 2017 Parks and Recreation General Fund Operating Budget and was available to
answer questions.
APPROVED
A motion was made to recommend City Council approve the Fiscal Year 2017 Parks
and Recreation General Fund Operating Budget as presented.
Motion:
Scharli
Second:
Palmer
Ayes:
Hill, Palmer, Scharli and Wasserman
Nays:
None
Abstain:
None
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
2B-2
Minutes of the August 4, 2016 Parks Board Meeting
Page 3 of 4
Vote: 4-0
Motion Carried.
4C. RECOMMENDATION ON PARK DEDICATION REQUIREMENT FOR PROPOSED
SENIOR LIVING DEVELOPMENT LOCATED AT S.H. 114 & BLESSED WAY
Director of Community Services Chris Tribble presented the park dedication
requirement for a senior living development by Integrated Real Estate Group. The
developer was seeking approval of a mixed use development on 20.5 acres at the
northeast corner of SH 114 and Blessed Way, immediately east of Gateway Church.
The project is proposed to contain approximately 104,000 sq. ft. of office space and a
senior housing component with approximately 199 age -restricted independent living
units, and 56 assisted living units.
The proposed 199 unit residential development requires the dedication of 4.98 acres of
park land. The proposed 6.13 acre non-residential development requires the dedication
of .1226 acres of park land. In lieu of park land dedication, a park dedication fee
payment option is available. The park dedication fee payment option for the proposed
199 unit residential development would require a fee payment of $1,243,750. The
proposed 6.13 non-residential development would require a fee payment option of
$49,040.
The developer proposed to satisfy the park dedication requirement for the development
by dedicating 6.65 acres of private parkland and the installing $922,580 worth of the
amenities.
Paul Milosevich, Integrated Real Estate Group, developer, provided an overview of the
proposed senior living development; their proposal to satisfy the City's park dedication
requirement; and responded to questions from the Board.
Sherry Paulson and Jodi House, TBG Partners, landscape design for the development,
were present in support of the proposal.
The Board discussed the proposal and generally agreed they would not be in favor of
recommending any credit be given for the amenities or for the private park land. The
Board agreed they would defer to City Council the appropriate percentage amount of
credit to be given, if any.
After a lengthy discussion, the developer requested to Table the item.
APPROVED
Chairman Tina Wasserman confirmed the developer's request to Table the item; there
was no motion or vote.
Motion: None
Second: None
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
2B-3
Minutes of the August 4, 2016 Parks Board Meeting
Page 4 of 4
Ayes:
None
Nays:
None
Abstain:
None
Vote:
None
5. DISCUSSION
5A. PARKS & RECREATION UPDATE
Deputy Director Kate Meacham reviewed the Community Events Schedule and was
available to answer questions from the Board.
513. PARK FACILITIES TOUR
Deputy Director Kate Meacham presented the item for the Board to determine a date for
the tour. September 19, 2016, 9:30-12:30 p.m., with an optional lunch immediately
following was selected. Calendar invites will be distributed.
6. ADJOURNMENT
APPROVED
A motion was made to adjourn the meeting at 10:29 p.m.
Motion:
Scharli
Second:
Palmer
Ayes:
Hill, Palmer, Scharli, and Wasserman
Nays:
None
Abstain:
None
Vote:
4-0
Motion Carried.
Tina Wasserman, Chairman
Parks & Recreation Board
Chris Tribble, Director
Community Services Dept.
A recording of this meeting is available upon request from the Office of City Secretary.
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
2B-4
CITY OF
SOUTHLAKE
MEMORANDUM
August 23, 2016
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: Park Board consideration to excuse the absence of Park Board
members Miguel Salinas, Mike Pazera and Paul Venesky from the
August 4, 2016 regular Park Board meeting and the joint
SPDC/Park 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 Park Board meetings. This
item is listed as a standing item on meeting agendas.
Financial
Considerations: None
Strategic Link: N/A
Citizen Input/
Board Review: Park 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: Park Board excuses the absence of Park Board members Miguel
Salinas, Mike Pazera and Paul Venesky from the August 4, 2016
regular Park Board meeting and the joint SPDC/Park Board
meeting.
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
2C-1
Park and Recreation Board Attendance Report
2016
Place
Name
1/11/16
2/8/16
3/14/16
4/11/16
5/9/16
6/6/16
7/11/16
8/8/16
9/12/16
10/10/16
11/14/16
12/12/16
Individual
Attendance
Rate
Hrs To
Date
Meeting Attendance
Rate (includes
1/11/16 Work Session held at 6pm, followed by regular meeting.
2015
1
Miguel Salinas
I
I
I
Individual
Rate
100%
Hrs To
6.75
2
Tina Wasserman
100%
15.5
3
Frances Scharli
X
X
X
70%
8
4
Lori Palmer
X
X
80%
10.75
5
Mitch Hill
X
X
80%
13.75
6
Chad Patton
X
X
X
70%
12.5
7
Paul Venesky
X
X
80%
13.25
1
Jeff Medici
X
411
80%
4
Meeting Attendance
Rate (includes
substitutions)
86%
86%
71%
71%
01/6
57%
0%
57%
86%
86%
100%
100%
0%
Total Hrs Per Month
0.75
0.75
1
1
0
1.5
0
3.75
2.25
0.5
2
2
0
8/6/15 Joint CC/SPDC/Park Mtg at 6:30pm; followed by Joint SPDC/Park Mtg at 9:00pm.
Average Monthly
Attendance Rate
2016 85%
11 In attendanc
x Not in attenc
M Substitute in
• Vacant posit
Meeting Car
1� Meeting Car
Change in R
Average Monthly
Attendance Rate
2015 80%
In attendanc
x Not in attenc
t Substitute in
• Vacant posit
Meeting Car
Meeting Car
Change in R
2C -2
Community Events Schedule 2016
Name of Event
Hosting Organization
Type of Event
Start Date
End Date
Times
Location
Primetime Soccer
Primetime
Soccer Rental
8/27/2016
11/12/2016
TBD
Bob Jones Park
Butterfly Festival
Kiwianis Club
Festival
9/8/2016
9/11/2016
All Day
Town Square
Annual Southlake Invitational
CISD
Cross Country Meet
9/10/2016
9/10/2016
7:00am - 1:00p
Bob Jones Park
Masterworks - Southlake Community Band
City of Southlake
Concert
9/17/2016
9/17/2016
7:30pm
Town Square
Oktoberfest
Chamber of Commerce
Festival
10/7/2016
10/9/2016
All Day
Town Square
Cross Country Meet
CISD
Cross Country Meet
10/8/2016
10/8/2016
7:00am - 1:00p
Bob Jones Park
Haunted Family Campout
City of Southlake
Special Event
10/8/2016
10/9/2016
4:OOpm - 9:00a
Bob Jones Park
CISD Homecoming Parade
CISD
Parade
10/19/2016
10/19/2016
Evening
Town Square
PKD Walk and Run
PKD
5K Run
10/22/2016
10/22/2016
7:00am-11:00am
Town Square
Monster Mash
City of Southlake
Fall Celebration
10/30/2016
10/30/2016
2:00 - S:OOprn
The Marq Southlake
Masterworks - Vocal Trash (Stomp)
City of Southlake
Concert
10/30/2016
10/30/2016
2:00 - 4:00pm
The Marq Southlake
Naturally Sweet
Bob Jones Nature Center Organization
Fundraiser
11/4/2016
11/4/2016
7:00 - 10:00pm
The Marq Southlake
Santa's Village
RPAI
Pictures with Santa
11/7/2016
1/2/2017
All Day
Rustin Pavilion
Champions Club Ground Breaking
City of Southlake
Facility Ground Breaking
11/10/2016
11/10/2016
8:00 - 9:30a
The Marq Southlake
Tennis Center Ground Breaking
City of Southlake
Facility Ground Breaking
11/10/2016
11/10/2016
9.30 - 11:OOa
Tennis Center
Home for the Hoidays
City of Southlake
Festival
11/19/2016
11/19/2016
4:00pm - 8:00pm
Town Square
Breakfast with Santa
City of Southlake
Special Event
12/3/2016
12/3/2016
8:00 - 11:30a
The Marq Southlake
Masterworks - Swing Band (Holiday)
City of Southlake
Concert
12/11/2016
12/11/2016
2:00 - 4:OOpm
The Marq Southlake
E,1451
9/8/2016
CITY OF
SOUTHLAKE
MEMORANDUM
August 23, 2016
TO: Park and Recreation Board
FROM: Kate Meacham, Deputy Director of Community Services
SUBJECT: Recommendation on Facilities Utilization Agreement with
Southlake Carroll Lacrosse Association
Action Requested: Park Board recommendation to City Council to approve the
facilities utilization agreement with Southlake Carroll
Lacrosse Association.
Background
Information: As you know, the City of Southlake coordinates with various
youth sports associations to offer a variety of athletic
programs in an arrangement referred to as a facilities
utilization agreement. A separate agreement is held with
each of the youth athletic organizations participating in the
use of City -owned fields and facilities. Currently the City has
facility utilization agreements with youth lacrosse, soccer,
football, softball, baseball associations and the Miracle
League of Southlake.
The first of four facilities utilization agreements (FUA) for
Park Board consideration at this meeting is a proposed FUA
with Southlake Carroll Lacrosse Association (SCLA).
The proposed FUA with SCLA is an agreement to provide
athletic fields for the lacrosse program in Southlake
September 1, 2016 — December 31, 2018. The current FUA
will expire December 31, 2016.
The proposed FUA has been revised based on the
recommendations of the City Council/Parks & Recreation
Board Athletics Task Force and the Parks & Recreation
Board. Staff met with representatives from the sports
associations in June 2016 to discuss the changes to the
FUA. This proposed FUA, as well as the approved Policy for
the Provision of Athletic Facilities, an attachment that is
included as an exhibit on all existing and future FUA's, were
developed by staff based on the feedback and direction
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5A - 1
Park and Recreation Board
Meeting Date — September 12, 2016
Page 2of3
provided by the Athletics Task Force and the Parks and
Recreation Board.
A copy of the proposed FUA with Southlake Carroll Lacrosse
Association is attached for your consideration.
City Council will consider the FUA at their September 20,
2016 meeting.
Financial
Considerations: The Association will pay field maintenance fees of $12.00
per resident per season and $17.00 per non-resident 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. It also
relates to the City's Critical Business Outcome identified as
CB05 — optimize resources through collaboration and
partnerships to reduce costs and add service value.
Citizen Input/
Board Review: City Council/Parks & Recreation Board Athletics Task Force
discussions December 2, 2015, January 12, 2016 and March
10, 2016
Athletics Task Force recommendations June 1, 2016
Parks Board recommendation September 12, 2016
City Council consideration September 20, 2016
Legal Review: The agreement was drafted utilizing previously developed
agreements reviewed by the City Attorney and approved by
City Council.
Alternatives: Alternatives include:
■ Recommend approval as presented
■ Recommend approval with input as desired
■ Recommend a decision not to approve
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5A-2
Park and Recreation Board
Meeting Date — September 12, 2016
Page 3of3
Attachments: (A) Proposed Facilities Utilization Agreement with SCLA
Staff
Recommendation: Park Board recommendation to City Council to approve the
proposed Facilities Utilization Agreement with Southlake
Carroll Lacrosse Association (SCLA) for 2016-18.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5A-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 Carroll Lacrosse 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 lacrosse 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 lacrosse 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 2016-2018. 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 September 1, 2016 through December
31, 2018.
5A-4
3. Lacrosse shall consist of the following seasons:
• Spring (typically February — May)
• Summer (typically June — July)
• Fall (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. 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.
5. 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.
6. 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.
The concession stand at North Park shall be used in accordance with Exhibit B.
5A - 5
SECTION 4
FIELD MAINTENANCE FEES
The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of
$12.00 per resident player per season, and a non-resident field maintenance fee of
$17.00 per non-resident player per season within two (2) weeks after the last
regular season game to help off -set the costs for lighting and maintaining the fields in
playing condition. The fee must be paid for all players utilizing CITY fields regardless of
the level or division of play.
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
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, 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:
5A-6
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
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.
5A-7
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
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.
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.
5A-9
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.
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.
5A - 10
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 soverign immunities, rights,
benefits, or protections of CITY.
This Agreement is made and entered into on the day of
CITY OF SOUTHLAKE
by:
City Secretary Mayor
City of Southlake
Approved as to form President
City Attorney Southlake Carroll Lacrosse Association
5A - 11
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 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
• Provide and maintain high quality parks and community facilities within budget
5A - 12
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
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)
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)
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)
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.
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).
5A - 13
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
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
5A - 14
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(a)ci.south lake.tx.us
• 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(@ci.southlake.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(a)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(abci.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.)
5A - 15
• 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
• 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
5A - 16
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
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.
Vill. 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.
5A - 17
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.
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 Regulations
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.
5A - 18
(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
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
5A - 19
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
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.
5A-20
XIII. Citv 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)
Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is
in effect.
Approval Date:
June 21, 2016
Approved by:
I City Council
Recommendation Date:
June 6, 2016
Recommended by:
I Parks & Recreation Board
Recommendation Date:
June 1, 2016
Recommended by:
City Council/Parks & Recreation Board Athletics Task Force
5A-21
EXHIBIT "B"
CONCESSION STAND AGREEMENT
1. The ASSOCIATION shall have exclusive use of the concession stand North Park
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
5A - 22
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.
5A-23
CITY OF
SOUTHLAKE
MEMORANDUM
August 23, 2016
TO: Parks and Recreation Board
FROM: Kate Meacham, Deputy Director of Community Services
SUBJECT: Approve Facilities Utilization Agreement with Grapevine
Southlake Soccer Association
Action Requested: Park Board recommendation to City Council to approve the
facilities utilization agreement with Grapevine Southlake
Soccer Association.
Background
Information: The second facilities utilization agreement (FUA) to consider
at this meeting is an FUA with Grapevine Southlake Soccer
Association (GSSA).
The proposed FUA with GSSA is an agreement to provide
athletic fields for the soccer program in Southlake
September 1, 2016 — December 31, 2018. The current FUA
will expire December 31, 2016.
The proposed FUA with GSSA, as well as the Policy for the
Provision of Athletic Facilities, which is now Exhibit A in all
FUAs, were developed by staff based on the feedback and
direction provided by City Council, the Athletics Task Force
and the Parks and Recreation Board.
Specific to the GSSA agreement is a provision to waive
required field maintenance fees for non-residents. Unlike
other associations, GSSA works with both the City of
Southlake and the City of Grapevine to provide soccer to the
youth. As part of this co-operative the City of Southlake will
only charge for Southlake Residents.
A copy of the proposed FUA with Grapevine Southlake
Soccer Association is attached for your consideration.
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5B-1
Park and Recreation Board
Meeting Date — September 12, 2016
Page 2of2
City Council will consider the FUA at their September 20,
2016 meeting.
Financial
Considerations: The Association will pay field maintenance fees of $12.00
per resident 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 objective to Collaborate
with Select Partners to Implement Service Solutions. It also
relates to the City's Critical Business Outcome identified as
CB05 — optimize resources through collaboration and
partnerships to reduce costs and add service value.
Citizen Input/
Board Review: City Council/Parks & Recreation Board Athletics Task Force
discussions December 2, 2015, January 12, 2016 and March
10, 2016
Athletics Task Force recommendations June 1, 2016
Parks Board recommendation September 12, 2016
City Council consideration September 20, 2016
Legal Review: The agreement was drafted utilizing previously developed
agreements reviewed by the City Attorney and approved by
City Council.
Alternatives: Alternatives include:
■ Recommend approval as presented
■ Recommend approval with input as desired
■ Recommend a decision not to approve
Attachments: (A) Proposed Facilities Utilization Agreement with GSSA
Staff
Recommendation: Park Board recommendation to City Council to approve the
proposed Facilities Utilization Agreement with Grapevine
Southlake Soccer Association (GSSA) for 2016-18.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5B-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 Grapevine Southlake Soccer 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 soccer 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 soccer 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 2016-2018. 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 September 1, 2016 through December
31, 2018.
3. Soccer shall consist of the following seasons:
a. Spring (typically February - May)
b. Fall (typically August - November)
5B-3
The beginning of a season is the first day the ASSOCIATION utilizes the field(s)
for coach look, tryouts, scrimmages, pre -season games, games, clinics, 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. 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.
5. 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.
6. 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.
SECTION 4
FIELD MAINTENANCE FEES
The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of
$12.00 per resident player per season within two (2) weeks after the last regular
season game to help off -set the costs for lighting and maintaining the fields in playing
condition. The fee must be paid for all players utilizing CITY fields regardless of the
level or division of play, including "select" players. Non-resident fees are waived and
collected as part of their agreement with the City of Grapevine.
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.
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.
5B-5
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
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
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
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.
5B-7
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.
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.
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 soverign immunities, rights,
benefits, or protections of CITY.
This Agreement is made and entered into on the day of
CITY OF SOUTHLAKE
by:
City Secretary Mayor
City of Southlake
Approved as to form President
City Attorney Grapevine Southlake Soccer Association
56-10
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 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
• Provide and maintain high quality parks and community facilities within budget
5B-11
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
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)
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)
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)
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.
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).
5B-12
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
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
5B-13
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(a)ci.south lake.tx.us
• 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(@ci.southlake.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(a)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(abci.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.)
5B-14
• 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
• 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
5B-15
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
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.
Vill. 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.
5B-16
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.
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 Regulations
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.
5B-17
(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
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
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.
5B-19
XIII. Citv 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)
Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is
in effect.
Approval Date:
June 21, 2016
I Approved by:
I City Council
Recommendation Date:
June 6, 2016
I Recommended by:
I Parks & Recreation Board
Recommendation Date:
June 1, 2016
Recommended by:
City Council/Parks & Recreation Board Athletics Task Force
5B - 20
CITY OF
SOUTHLAKE
MEMORANDUM
August 24, 2016
TO: Park and Recreation Board
FROM: Kate Meacham, Deputy Director of Community Services
SUBJECT: Recommendation on Facilities Utilization Agreement with
Southlake Baseball Association
Action Requested: Park Board recommendation to City Council to approve the
facilities utilization agreement with Southlake Baseball
Association.
Background
Information: The third facilities utilization agreement (FUA) for Park Board
consideration is a proposed FUA with Southlake Baseball
Association (SBA) to provide athletic fields for the baseball
program in Southlake September 1, 2016 — December 31,
2017.
The proposed Facilities Utilization Agreement with Southlake
Baseball Association (SBA) is the updated version of the
agreement that is being executed with all of the sports
associations to manage athletic association's use of City
athletic field space. The updated FUA includes the new
Policy for the Provision of Athletic Facilities (Exhibit A),
developed by staff based on the feedback and direction
provided by City Council, the Athletics Task Force and the
Parks and Recreation Board.
A copy of the proposed FUA with Southlake Baseball
Association is attached for your consideration.
City Council will consider the FUA at their September 20,
2016 meeting.
Financial
Considerations: The same as in previous year's agreements, the Association
will pay field maintenance fees of $12.00 per resident per
season and $17.00 per non-resident per season, to assist
the City with offsetting a portion of the maintenance and
operations costs.
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5C-1
Park and Recreation Board
Meeting Date — September 12, 2016
Page 2of2
Strategic Link: This item is linked to the City's Strategy Map related to the
focus area of Performance Management and Service
Delivery and meets the corporate objectives to Collaborate
with Select Partners to Implement Service Solutions. It also
relates to the City's Critical Business Outcome identified as
CB05 — optimize resources through collaboration and
partnerships to reduce costs and add service value.
Citizen Input/
Board Review: Seasonal communication with SBA representatives to
allocate required fields to meet program needs
City Council/Parks & Recreation Board Athletics Task Force
discussions December 2, 2015, January 12, 2016 and March
10, 2016
Athletics Task Force recommendations June 1, 2016
Parks Board recommendation September 12, 2016
City Council consideration September 20, 2016
Legal Review: The agreement was drafted utilizing previously developed
agreements reviewed by the City Attorney and approved by
City Council.
Alternatives: Alternatives include:
■ Recommend approval as presented
■ Recommend approval with input as desired
■ Recommend a decision not to approve
Attachments: (A) Proposed Facilities Utilization Agreement with SBA
Staff
Recommendation: Park Board recommendation to City Council to approve the
proposed Facilities Utilization Agreement with Southlake
Baseball Association (SBA) for 2016-18.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5C-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 Southlake Baseball 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 baseball 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 baseball 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 2016-2017. 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 September 1.2016 through December
31, 2017.
5C-3
3. Baseball shall consist of the following seasons:
• Spring Recreational (typically February — May)
• Summer Recreational (typically June — July*)
• Fall Recreational (typically August - November)
• Spring/Summer Classic (typically February — July)
• Fall Classic (typically August — November)
*Recreational summer Season practices are allocated based on Park Maintenance
schedule (per Park Manager) and not previous year registrations.
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.
5C-4
The concession stand at the Bicentennial Park baseball 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 player per season, and a non-resident field maintenance fee of
$17.00 per non-resident player per season within two (2) weeks after the last
regular season game to help off -set the costs for lighting and maintaining the fields in
playing condition. The fee must be paid for all players utilizing CITY fields regardless of
the level or division of play, including "select" players.
The ASSOCIATION also agrees to pay for any additional field chalk and drying agent
materials that the ASSOCIATION uses above and beyond what the CITY has allocated
for the purchase of these materials to support the baseball program.
SECTION S
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.
5C-5
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
5C-6
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
5C-7
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.
5C-8
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.
5C-9
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: (t) 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 soverign immunities, rights,
benefits, or protections of CITY.
This Agreement is made and entered into on the
City Secretary
Approved as to form
City Attorney
by:
day of
CITY OF SOUTHLAKE
Mayor
City of Southlake
�� a
President
Southlake Baseball Association
5C-10
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 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
• Provide and maintain high quality parks and community facilities within budget
5C-11
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
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)
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)
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)
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.
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).
5C-12
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
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
5C-13
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(a)ci.south lake.tx.us
• 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(@ci.southlake.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(a)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(abci.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.)
5C-14
• 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
• 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
5C-15
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
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.
Vill. 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.
5C-16
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.
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 Regulations
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.
5C-17
(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
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
5C-18
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
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.
5C-19
XIII. Citv 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)
Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is
in effect.
Approval Date:
June 21, 2016
Approved by:
I City Council
Recommendation Date:
June 6, 2016
Recommended by:
I Parks & Recreation Board
Recommendation Date:
June 1, 2016
Recommended by:
City Council/Parks & Recreation Board Athletics Task Force
5C - 20
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
5C-21
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.
5C - 22
CITY OF
SOUTHLAKE
MEMORANDUM
August 24, 2016
TO: Park and Recreation Board
FROM: Kate Meacham, Deputy Director of Community Services
SUBJECT: Recommendation on Facilities Utilization Agreement with the
Miracle League of Southlake
Action Requested: Park Board recommendation to City Council to approve the
facilities utilization agreement with Miracle League of
Southlake.
Background
Information: The final facilities utilization agreement (FUA) for Park Board
consideration is a proposed FUA with Miracle League
Southlake (MLS) to provide athletic fields for their program in
Southlake September 1, 2016 — December 31, 2017.
The proposed Facilities Utilization Agreement with Miracle
League of Southlake (MLS) is the updated version of the
agreement that is being executed with all of the sports
associations to manage athletic association's use of City
athletic field space. The updated FUA includes the new
Policy for the Provision of Athletic Facilities (Exhibit A),
developed by staff based on the feedback and direction
provided by City Council, the Athletics Task Force and the
Parks and Recreation Board.
Specific to the MLS agreement is a provision to waive
required field maintenance fees for the MLS program. City
Council approved April 16, 2013 to waive the City's field
maintenance fees for MLS since participants will not be
charged registration fees.
A copy of the FUA is attached for your consideration.
City Council will consider the FUA at their September 20,
2016 meeting.
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5D-1
Park and Recreation Board
Meeting Date — September 12, 2016
Page 2of2
Financial
Considerations: Miracle League of Southlake is not required to pay field
maintenance fees of $12 per player per season for residents
and $17 per player per season for non-residents for the term
of the FUA.
Strategic Link: This item is linked to the City's Strategy Map related to the
focus area of Performance Management and Service
Delivery and meets the corporate objectives to Collaborate
with Select Partners to Implement Service Solutions. It also
relates to the City's Critical Business Outcome identified as
CB05 — optimize resources through collaboration and
partnerships to reduce costs and add service value.
Citizen Input/
Board Review: City Council/Parks & Recreation Board Athletics Task Force
discussions December 2, 2015, January 12, 2016 and March
10, 2016
Athletics Task Force recommendations June 1, 2016
Parks Board recommendation September 12, 2016
City Council consideration September 20, 2016
Legal Review: The agreement was drafted utilizing previously developed
agreements reviewed by the City Attorney and approved by
City Council.
Alternatives: Alternatives include:
■ Recommend approval as presented
■ Recommend approval with input as desired
■ Recommend a decision not to approve
Attachments: (A) Proposed Facilities Utilization Agreement w/MLS
Staff
Recommendation: Park Board recommendation to City Council to approve the
proposed Facilities Utilization Agreement with Miracle
League of Southlake (MLS), September 1, 2016 — December
31, 2017.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5D-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 Miracle League of Southlake, 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 baseball 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 'I
SCOPE OF SERVICES
A. The ASSOCIATION agrees to provide a recreational youth baseball 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 2016-2017. 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 September 1. 2016 through December
31, 2017.
5D-3
3. Baseball shall consist of the following seasons:
« Spring (typically February — May)
• Summer (typically July)
• Fall (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. 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.
5. 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.
6. 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.
• Sduthlake Residents
CISD Students
• Non-Southlake Residents
Note .—. Residsnt is defined as person who lives within the Southlake City limits
and pay Glty"tastes:
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
5D-4
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.
The concession stand at the Bicentennial Park baseball fields shall be used in
accordance with Exhibit B.
SECTION 4
FIELD MAINTENANCE FEES
On April 1$; 2013 City Council approved a River of.the ra"sident fteld`maintonance
fee of $12,00 per rosIdent player 'pe r season, and a non -president field maintenance
#ee of $17.00 par non-resident player per season for the Miracle LeagueSduthlake
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.
5D-5
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
5D-6
ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING
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.
5D-7
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
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.
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.
5D-9
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 soverign immunities, rights,
benefits, or protections of CITY.
This Agreement is made and entered into on the
City Secretary
Approved as to form
City Attorney
day of
CITY OF SOUTHLAKE
by----- --
Mayor -- City of of o thlake 1
President-----���------
Miracle League Southlake
M. V"�- A4,"4�)
5D-10
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 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
• Provide and maintain high quality parks and community facilities within budget
5D-11
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
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)
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)
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)
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.
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).
5D-12
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
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
5D-13
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(a)ci.south lake.tx.us
• 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(@ci.southlake.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(a)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(abci.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.)
5D-14
• 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
• 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
5D-15
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
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.
Vill. 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.
5D-16
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.
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 Regulations
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.
5D-17
(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
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
5D-18
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
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.
5D-19
XIII. Citv 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)
Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is
in effect.
Approval Date:
June 21, 2016
I Approved by:
I City Council
Recommendation Date:
June 6, 2016
I Recommended by:
I Parks & Recreation Board
Recommendation Date:
June 1, 2016
Recommended by:
City Council/Parks & Recreation Board Athletics Task Force
5D - 20
EXHIBIT "B"
CONCESSION STAND AGREEMENT
1. The ASSOCIATION shall coordinate use of the concession stand at the
Bicentennial Park Baseball Fields with Southlake Baseball Association for the
duration of this Agreement.
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
5D-21
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.
5D-22
CITY OF
SOUTHLAKE
MEMORANDUM
August 30, 2016
To: Parks and Recreation Board
From: Kate Meacham, Deputy Director of Community Services
Subject: Recommendation on Standards of Care
Action
Requested: Park Board recommendation to City Council to approve the
proposed Standards of Care.
Background
Information: The purpose of this item is for Park Board to make a
recommendation to City Council on the 2017 Standards of Care for
the City's elementary -age recreation programs, including Camp
Mania, offered by Community Services Department.
The annual adoption of an ordinance for Standards of Care is in
compliance with Section 42.041(b)(14) of the Texas Human
Resources Code which requires, "that an elementary -age
recreation program operated by a municipality is not required
to obtain a license from the state provided that the governing
body of the municipality annually adopts standards of care for
such programs by ordinance after a public hearing."
The proposed 2017 Standards of Care are intended to be minimum
standards by which the City of Southlake and Community Services
Department will operate the City's youth programs. The Standards
of Care includes staff responsibilities, enrollment requirements,
staffing ratios, staff qualifications and training, facility standards,
health and safety standards and mechanisms for inspecting,
monitoring and enforcing care standards. Please refer to the
complete Standards of Care document provided in your packet for
specific provisions.
City Council will consider first reading of proposed Ordinance
No.1164, establishing 2017 Standards of Care, at the September
20, 2016 meeting. If the Ordinance is approved at first reading, the
second reading and public hearing will be held at the October 4,
2016 City Council meeting.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5E-1
Parks & Recreation Board
Meeting Date — September 12, 2016
Page 2 of 2
Financial
Considerations: Approval of the proposed Standards of Care will require no
additional funding by the City.
Strategic Link: Approval of the Standards of Care is linked to the City's Strategy
May related to the Focus Areas of Safety & Security and
Performance Management and Service Delivery. The item also
delivers on the Corporate Objective to Achieve the highest
standards of safety & security.
Citizen Input/
Board Review: Parks and Recreation Board consideration September 12, 2016
City Council consideration of Ordinance No. 1164, 1 st Reading
September 20, 2016
City Council consideration of Ordinance No. 1164, 2nd Reading &
Public Hearing October 4, 2016
Legal Review: City Attorney has reviewed the document
Alternatives: Alternatives may include:
• Recommendation to approve as presented
• Recommendation to approve with input as desired
• Recommendation not to approve
Supporting
Documents: Ordinance No. 1164, Standards of Care
• Copy of Tx Human Resources Code Sect. 42.041(b)(14)
Staff
Recommendation: Park Board recommendation to City Council for the 2017 Standards
of Care.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
5E-2
ORDINANCE NO. 1164
AN ORDINANCE ESTABLISHING STANDARDS OF CARE FOR THE
RECREATION PROGRAMS FOR ELEMENTARY SCHOOL AGE
CHILDREN OPERATED BY THE CITY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article IX, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Section 42.041 of the Texas Human Resources Code provides that
an elementary -age recreation program operated by a municipality is not required to
obtain a license from the state provided that the governing body of the municipality
annually adopts standards of care for such programs by ordinance after a public
hearing; and
WHEREAS, the City Council has conducted a public hearing and desire to adopt
the standards set forth in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The Standards of Care attached hereto as Exhibit "A" and incorporated by
reference herein are hereby for recreation programs for elementary -age children.
SECTION 2.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
5E-3
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 3.
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
2016.
MAYOR
/_Ai1*36
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY
OF , 2016.
APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
ATTEST:
CITY SECRETARY
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Exhibit "A"
Community Services
Department
CITY OF
SOUTHLAKE
Standards of Care
For
Youth Programs
Community Services Department
1400 Main Street, Suite #210
Southlake, TX 76092
817.748.8019
817.748.8027 (Fax)
www.cityofsouthlake.com
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Table of Contents
Standards of Care
General Administration
Organization
Definitions
Objectives of Youth Programs
Inspections/Monitoring/Enforcement
Enrollment
Suspected Abuse
Staffing — Responsibilities and Training
Camp Director Qualifications
Camp Director Job Functions
Program Employees Qualifications
Program Employees Job Functions
Personnel Restriction
Training/Orientation
Service Standards
Appearance
Interaction with Parents & Participants
Additional Staff Responsibilities
Operations
Staff/Participant Ratio
Discipline
Programming
Communication
Transportation
Facility Standards
Safety
Fire
Health
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CITY OF SOUTHLAKE YOUTH PROGRAMS
STANDARDS OF CARE
The following Standards of Care have been adopted by the City Council of Southlake, Texas, to
comply with Chapter 42 of the Texas Human Resources Code, specifically Section 42.041(b)(14)
regarding an exemption for the City of Southlake's Youth Programs, as defined herein. These
Standards of Care are intended to be minimum standards by which the City of Southlake
Community Services Department will operate the City's Youth Programs. The Youth Programs
are recreational in nature and are not child-care facilities or day care programs, and are not
licensed by the State of Texas.
General Administration
1. Organization
A. The governing body of the City of Southlake Youth Programs is the City of
Southlake City Council.
B. Implementation of the Youth Programs Standards of Care ("Standards of Care")
is the responsibility of the Director of Community Services and departmental
employees.
C. These Standards of Care apply to all Youth Programs operated by the
Department, including but not limited to: the Summer Day Camp Programs,
Holiday Day Camp Programs, and Spring Break Day Camp Programs.
D. Each Program Site will have available for public and staff review a current copy
of the Standards of Care.
E. Parents of participants may obtain a copy of the Standards of Care from the City
during the program registration process. In addition, the Standards of Care can
be accessed on the City's website at: www.SouthlakeParksandRec.com.
F. Criminal background checks shall be conducted on prospective staff. No person
who has been convicted of, who is under indictment for, or is the subject of an
official criminal complaint alleging violation of, any of the crimes listed in the
Texas Department of Protective and Regulatory Service's Day Care Center
Minimum Standards and Guidelines Appendix II, as same may be amended, or a
felony violation of the Texas Controlled Substance Act, may be present while
children are in care.
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2. Definitions
A. Camp Director: A Department employee who is assigned responsibility to
implement and direct a Youth Program and oversee the Program Employees
assigned to the corresponding Youth Program.
B. Department: Community Services Department of the City of Southlake.
C. Employee(s): Individuals who have been hired to work for the City of Southlake
and have been assigned responsibility for managing, administering, or
implementing some portions of the Youth Programs.
D. Parent(s): One or both parent(s) or legal guardian(s) who have legal custody and
authority to enroll the child(ren) in the Youth Programs.
E. Participant: A Youth whose parent(s) or legal guardian(s) have completed all
required registration procedures and determined to be eligible for the Youth
Programs.
F. Program Coordinator or Coordinator: A Department employee who has been
assigned administrative responsibility for the Youth Programs and oversees the
Camp Directors.
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Program Employee: A Department employee who is assigned to work with
participants of a Youth Program at a Program Site.
Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Youth Programs.
Program Site: The facilities and surrounding property where Youth Programs are
held.
Program Supervisor: A Department employee who oversees the Program
Coordinator and operations of all Youth Programs.
City: City of Southlake, Texas.
City Council: City Council of the City of Southlake, Texas.
Youth: A school aged person between the ages of 5 and 13, as of the program
start date of the Youth Program.
Youth Programs: The City of Southlake Youth Programs consisting of programs
such as: the Summer Day Camp Programs, Holiday Day Camp Programs, and
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Spring Break Day Camp Programs. A single camp may be referred to as a Youth
Program.
Objectives of Youth Programs
A. To provide Youth with the opportunity of recreational activities which may
include sports, games, arts and crafts, education, dance, drama, special events,
field trips, tournaments, etc.
B. To provide an encouraging atmosphere by emphasizing the positive
development of physical skills, emotional development and growth of self-
confidence.
C. To provide a safe environment by promoting good health and welfare for all
participants.
D. To teach Youth how to spend their leisure time wisely in an effort to meet the
emotional, physical and social needs of the Youth.
Inspections/Monitoring/Enforcement
A. The City has established these Standards of Care in order to obtain an exemption
from the State regarding the Youth Programs. Once the exemption is
established, the State will not monitor the Youth Programs. These Standards of
Care will be reviewed annually and brought before the City Council for
consideration, regarding any amendments recommended by the Program
Supervisor, and approval after a public hearing regarding the Standards of Care is
held, pursuant to Texas Human Resources Code § 42.041(b)(14).
B. The Program Coordinator shall prepare an inspection report and submit it to the
Program Supervisor to confirm the Standards of Care are being adhered to.
(1) Monthly inspection reports shall be sent to the Program Supervisor for
review and maintained by the City in accordance with applicable record
retention policies.
(2) The Program Supervisor shall review the monthly inspection report and
shall establish deadlines and criteria for compliance with the Standards of
Care where failure to comply is noted.
C. The Program Supervisor shall make visual inspections of the Youth Programs
based on the following schedule.
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1. Youth Programs operating during the summer shall be inspected no less
than twice during the Youth Program's summer schedule.
2. Youth Programs which operate during the regular Carroll Independent
School District school year, for two (2) weeks or less, shall be inspected at
least once during the Youth Program's schedule.
D. Complaints regarding enforcement of the Standards of Care shall be directed to
the Program Coordinator. The Program Coordinator shall be responsible to take
the necessary steps to address the complaint and resolve the problem, if any.
Complaints regarding enforcement of the Standards of Care and resolution of
complaints arising under the Standards of Care shall be recorded by the Program
Coordinator. All complaints regarding enforcement of the Standards of Care
where a deficiency is noted will be forwarded to the Program Supervisor with
the complaint and the resolution noted.
5. Enrollment
Before a child may enroll in a Youth Program, the parents shall sign registration forms
that contain the following information about the child:
(1) Name, home address, home telephone number, parent's email address,
(2) Name and address of parent(s) and contact telephone number(s) during
Youth Program hours;
(3) The names and telephone numbers of people to whom the child can be
released;
(4) A statement of the child's special problems, needs or medical conditions;
(5) Emergency medical authorization;
(6) A signed liability waiver.
6. Suspected Abuse
Program Employees shall report suspected child abuse or neglect in accordance with the
Texas Family Code. In a situation where an Employee is involved in an incident with a
child that could be considered to be child abuse, the incident shall be immediately
reported to the Program Supervisor. The Program Supervisor will immediately notify
the Police Department and any other agency, as may be appropriate.
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Texas State law requires the Employees of the Youth Programs to report any suspected
abuse or neglect of a child to the Texas Department of Family and Protective Services or
a law enforcement agency. Failure to report suspected abuse is punishable by fines up
to $1,000 and/or confinement up to one hundred eighty (180) days. Confidential
reports may be made by calling 1.800.252.5400.
A complete copy of the Texas Family Code regulations regarding child abuse can be
found at http://www.statutes.legis.state.tx.us
Staffing - Responsibilities and Training
1. Camp Director
A. Qualifications. The Camp Director shall:
(1) Consistently exhibit competency, good judgment, and self-control when
working with Youth.
(2) Interact with Youth with courtesy, respect, tolerance, and patience.
(3) Successfully complete a course in first aid, CPR, and AED, in compliance
with American Heart Association standards.
(4) Pass a background investigation and testing for illegal substances.
(5) Be mature, responsible, and able to complete duties with minimal
supervision.
(6) Communicate effectively with the public.
(7) Possess a valid Texas driver's license.
(8) Have previous experience in supervising Youth of varying age levels in a
group setting and possess knowledge of recreational games, crafts, and
activities.
(9) Complete City -mandated training.
(10) Be at least eighteen (18) years of age.
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B. Job Functions. The Camp Director shall endeavor to:
(1) Direct and supervise Program Employees. Hiring and training shall be the
responsibility of the Program Coordinator with assistance from the Camp
Director.
(2) Complete and submit proper records, including Youth Program
schedules, Program Employee schedules, accident/incident reports, and
participant attendance.
(3) Schedule appropriate activities in accordance with the philosophy of the
Youth Program and coordinate with the Program Coordinator to ensure
appropriate reservations and transportation are secured in order to
complete activities.
(4) Maintain an orderly, clean and safe environment for the Youth while
promoting a non-competitive program directed toward accentuating
positive behaviors, physical development, and emotional growth.
(5) Maintain supplies, equipment and all necessary documentation for the
operation of the Youth Program.
(6) Communicate with Parent(s) as necessary.
(7) Conduct on -going evaluations regarding the Youth Program and
implement approved recommendations, as needed.
(8) Provide reports to Program Coordinator on a weekly basis regarding
Youth Program activities.
(9) Know and follow all City, Department, and Program Manual standards,
policies, and procedures that apply to Youth Programs.
(10) Ensure that participants are released only to a Parent or an adult
designated by the Parent in accordance with Department procedures. All
Program Sites will have a copy of the approved Department procedure to
verify the identity of a person authorized to pick-up a participant.
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2. Program Employees
A. Qualifications. A Program Employee must:
(1) Consistently exhibit competency, good judgment, and self-control when
working with Youth.
(2) Interact with Youth with courtesy, respect, tolerance, and patience.
(3) Successfully complete a course in first aid, CPR, and AED, in compliance
with American Heart Association standards.
(4) Pass a background investigation and testing for illegal substances.
(5) Be mature, responsible, and able to complete duties with minimal
supervision.
(6) Possess a valid Texas driver's license.
(7) Have previous experience in working with Youth of varying age levels in a
group setting and possess knowledge of recreational games, crafts, and
activities.
(8) Complete City -mandated training.
(9) Be at least sixteen (16) years of age.
B. Essential Job Functions. A Program Employee shall endeavor to:
(1) Promote a non-competitive, positive, image -enhancing environment for
each participant through the direction of fun, varied, and well -organized
activities.
(2) Directly lead activities using a method that will provide opportunities for
the involvement of all participants on an equal basis.
(3) Exhibit enthusiasm for the activity to impart a feeling of excitement in the
participants.
(4) Follow procedures for Youth Programs drop off and pick-up and
preparation of accident/incident reports.
(5) Follow guidelines for safety and storage of equipment and notify Camp
Director regarding supplies inventories.
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(6) Ensure safety of Youth at Program Site and on field trips.
(7) Adhere to these Standards of Care for Youth Programs.
3. Personnel Restriction
A person shall not be employed as an Employee in a Youth Program if:
(1) The person would be permanently barred from being present at a child
care operation while children are in care under the Texas Administrative
Code Title 40, Part 19, Chapter 745 (Licensing).
4. Training/Orientation
A. The Department is responsible to provide training and orientation to all Youth
Programs employees who work with children regarding their specific job
responsibilities. Program Coordinators shall provide each Camp Director with a
staff program manual specific to each Youth Program.
B. Employees must be familiar with these Standards of Care for Youth Programs.
C. Employees shall be trained in appropriate procedures to handle emergencies.
D. Employees shall be trained in City, Department, and Program Manual policies
and procedures applicable to Youth Programs.
E. Employees shall be required to sign an acknowledgment that they received the
required training.
Service Standards
1. Appearance
A. Youth Programs shirts shall be worn by participants and volunteers.
B. The City's dress code policy shall be adhered to at all time. Failure to comply
with the dress code will result in an Employee being sent home.
2. Interaction with Parents and Participants
A. Participants and Parents will be treated with respect at all times.
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B. Program Employees and Camp Directors shall keep parents continuously
informed of activities and schedules. A weekly schedule shall be distributed and
copies shall be kept with the daily sign in sheets.
C. Staff shall note details of behavior of participants (accomplishments, discipline
problems, general activities, etc.) and update Parents as much as possible.
D. The Camp Director will review and document complaints and forward complaints
to the Program Coordinator, and shall respond as appropriate. All complaints
shall be addressed within one (1) business day, if they are not resolved on site.
All complaints must be recorded, including resolution, and forwarded to
Program Coordinator.
3. Additional Staff Responsibilities
A. Program Employees shall monitor the sign in/out log at all times.
B. Program Employees shall spend 100% of their time while on duty actively
involved with Participants and/or Parents.
C. Program Employees shall pick-up the area used by their group after each activity.
D. Prior to beginning work each day, all staff shall report to the appointed location
for any messages, instructions, or information.
Operations
1. Staff/Participant Ratio
A. The maximum ratio of Participants to Program Employees shall be 12:1 based on
average daily attendance. In the event an employee is unable to report to the
Program Site, a replacement shall be assigned.
B. Each Participant shall have a Program Employee who is assigned to him/her and
who shall be aware of the Participant's habits, interests, and any special needs, as
identified by the Participant's parent(s) during the registration process.
2. Discipline
A. Program Employees shall implement discipline and guidance in a consistent
manner based on the best interests of program participants.
B. There shall be no cruel, harsh or corporal punishment used as a method of
discipline.
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C. Program Employees may use brief, supervised separation from the group if
necessary. Participants shall be informed of Youth Program rules.
D. As necessary, Program Employees shall initiate discipline reports to the Parent(s)
of Participants. Parents shall be asked to sign discipline reports to indicate they
have been advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the
program manual may result in a Participant being suspended or removed from the
Youth Programs. Parents shall be contacted to pick up their Youth immediately in
the event of such suspension or removal.
F. In instances where there is a danger to Participants or Employees, offending
Participants shall be removed from the Program Site immediately.
G. Any person(s) creating a nuisance, causing a disturbance, or creating an unsafe
environment at any Program Site shall be subject to ejection from the Site and
possible arrest and legal action.
H. In the event any Employee believes that criminal conduct has occurred, or is
reasonably likely to occur, the Employee shall immediately notify the Program
Coordinator or other supervisory employee and/or contact the Police directly if
time does not permit indirect reporting.
3. Programming
A. Program Employees shall attempt to provide activities for each group according to the
Participant's age, interests, and abilities. The activities must be appropriate to
Participants' health, safety, and well-being. The activities also must be flexible and
promote the Participants' emotional, social, and mental growth.
B. Program Employees will attempt to provide indoor and outdoor time periods, weather
permitting, that include:
(1) Alternating active and passive activities; and
(2) Opportunity for individual and group activities.
C. Program Employees shall be attentive and considerate of the Participants' safety on
field trips and during any transportation provided by the Youth Programs. Participants
shall be counted before leaving the Program Site and before boarding the
transportation to return to the Program Site, and at other times as deemed to be
reasonably necessary to preserve the Participants' safety.
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(1) During trips, Program Employees supervising Participants must have
immediate access to Participant forms and emergency contact information for
each Participant; and
(2) Program Employees shall have a written list of the Participants in the group
and must check the attendance frequently; and
(3) Program Employees shall have First Aid supplies, a guide to First Aid and
emergency care available on field trips.
4. Communication
The Program Site shall have a telephone to allow the Program Site to be contacted by Parks
and Recreation personnel or for making emergency calls.
5. Transportation
A. First Aid supplies and a First Aid and emergency care guide will be available in all
Youth Program vehicles that transport Youth.
B. All Program vehicles used for transporting Participants shall have available a 6-13C
portable fire extinguisher in the vehicle which shall be accessible to the adult
occupants.
Facilitv Standards
1. Safety
A. Program Employees shall inspect the Program Site daily to detect sanitation and
safety concerns that might affect the health and safety of the Participants.
Program employees will also complete a daily inspection report and submit it to
the Program Coordinator, who shall maintain it in the City's files.
B. The Camp Director shall inspect the buildings, grounds, and equipment on the
Program Site to insure that they are clean, in good repair, and maintained so as
to protect the health of the Participants.
C. Program equipment and supplies shall be safe for Participants use.
D. Program Employees shall have First Aid supplies available at the Program Site,
during transportation, and for the duration of any off -site activity.
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E. Program Employees shall have First Aid supplies and a guide to First Aid and
emergency care readily available in a designated location.
2. Fire
A. In case of fire, danger of fire, explosion, or other emergency, a Program
Employee's first priority is to evacuate the Participants to a designated safe area.
Emergency evacuation and relocation plans shall be posted within the Program
Site.
B. The Program Site shall have an annual fire inspection by the local Fire Marshal,
and the resulting report shall detail any safety concerns observed. The report
shall be forwarded to the Supervisor who shall review and establish deadlines
and criteria for compliance.
C. Each Program Site must have at least one (1) operable, charged fire extinguisher
approved by the Fire Marshal or designee readily available to all Program
Employees. The fire extinguisher is to be inspected monthly by the Program
Coordinator to verify that it is sufficiently charged and operable. All Employees
will be trained in the proper use of a fire extinguisher.
D. Fire drills shall be conducted monthly.
3. Health
A. Illness or Injury
(1) Illnesses and injuries shall be handled in a manner to protect the health
of all participants and employees. Parents shall be notified in cases of
illness or injury. Paramedics shall be notified in the event of an injury
that cannot be remedied through basic first aid. An accident report shall
be completed for all injuries and forwarded to the Camp Director.
(2) An ill Youth shall not be allowed to attend or participate in Youth
Programs if the Youth is suspected of having a temperature and/or
accompanied by behavior changes or other signs or symptoms until a
medical evaluation indicating that the Youth can return to the Youth
Program.
(3) Employees shall follow the recommendations of the Texas Department of
Health concerning the admission or readmission of any Participant after a
communicable disease.
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B. Program Employees shall administer medication only if:
(1) Parent(s) complete and sign a "Consent to Administer Medication" Form
that authorizes for Employees to administer medication and provide
details as to time(s) and dosage(s) consistent with the medications label.
(2) Prescription medications are in the original containers labeled with the
Youth's name, a date, directions, and the prescribing physician's name.
Employees shall administer the medication only as stated on the label.
Employees shall not administer medication after the expiration date.
(3) Non-prescription medications are labeled with the Youth's name and the
date the medication was brought to the Youth Program. Non-
prescription medication must be in the original container. The
Employees shall administer non-prescription medications only according
to label direction.
(4) Medications dispensed shall be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program Employees.
(5) Program Employees shall ensure medications are inaccessible to
Participants.
C. Toilet Facilities
(1) The Program Site shall have adequate indoor toilets and lavatories
located and equipped so Youth can use them independently and Program
Employees can supervise as needed.
(2) There must be one (1) flush toilet for every thirty (30) participants.
Urinals may be counted in the ratio of toilets to participants, but shall not
exceed fifty percent (50%) of the total number of toilets.
D. Sanitation
(1) The Program Site shall have adequate light, ventilation, and heat.
(2) The Program Site shall have an adequate supply of drinking water
meeting the standards of the Texas Department of Health for drinking
water and ensure that it shall be supplied to the Participants in a safe and
sanitary manner.
(3) Program Employees shall ensure that garbage is removed from the
Program Site daily.
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SUBCHAPTER C. REGULATION OF CERTAIN FACILITIES, HOMES, AND
AGENCIES
This section was amended by the 84th Legislature. Pending
publication of the current statutes, see S.B. 219, 84th
Legislature, Regular Session, for amendments affecting this
section.
Sec. 42.041. REQUIRED LICENSE. (a) No person may operate
a child-care facility or child -placing agency without a license
issued by the department.
(b) This section does not apply to:
(1) a state -operated facility;
(2) an agency foster home or agency foster group
home;
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during short periods
while parents or persons responsible for the children are
attending religious services, shopping, or engaging in other
activities, including retreats or classes for religious
instruction, on or near the premises, that does not advertise as
a child-care facility or day-care center, and that informs
parents that it is not licensed by the state;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted by a
religious organization during the summer months;
(5) a youth camp licensed by the Department of State
Health Services;
(6) a facility licensed, operated, certified, or
registered by another state agency;
(7) an educational facility that is accredited by the
Texas Education Agency, the Southern Association of Colleges and
Schools, or an accreditation body that is a member of the Texas
Private School Accreditation Commission and that operates
primarily for educational purposes for prekindergarten and
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above, a before -school or after -school program operated directly
by an accredited educational facility, or a before -school or
after -school program operated by another entity under contract
with the educational facility, if the Texas Education Agency,
the Southern Association of Colleges and Schools, or the other
accreditation body, as applicable, has approved the curriculum
content of the before -school or after -school program operated
under the contract;
(8) an educational facility that operates solely for
educational purposes for prekindergarten through at least grade
two, that does not provide custodial care for more than one hour
during the hours before or after the customary school day, and
that is a member of an organization that promulgates, publishes,
and requires compliance with health, safety, fire, and
sanitation standards equal to standards required by state,
municipal, and county codes;
(9) a kindergarten or preschool educational program
that is operated as part of a public school or a private school
accredited by the Texas Education Agency, that offers
educational programs through grade six, and that does not
provide custodial care during the hours before or after the
customary school day;
(10) a family home, whether registered or listed;
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organization or an
educational facility both of which do not provide custodial care
for more than two hours maximum per day, and that offers an
educational program in one or more of the following:
prekindergarten through at least grade three, elementary grades,
or secondary grades;
(12) an emergency shelter facility, other than a
facility that would otherwise require a license as a child-care
facility under this section, that provides shelter or care to a
minor and the minor's child or children, if any, under Section
32.201, Family Code, if the facility:
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(A) is currently under a contract with a state
or federal agency; or
(B) meets the requirements listed under Section
51 . 005 (b) (3) ;
(13) a juvenile detention facility certified under
Section 51.12, Family Code, a juvenile correctional facility
certified under Section 51.125, Family Code, a juvenile facility
providing services solely for the Texas Juvenile Justice
Department, or any other correctional facility for children
operated or regulated by another state agency or by a political
subdivision of the state;
(14) an elementary -age (ages 5-13) recreation program
operated by a municipality provided the governing body of the
municipality annually adopts standards of care by ordinance
after a public hearing for such programs, that such standards
are provided to the parents of each program participant, and
that the ordinances shall include, at a minimum, staffing
ratios, minimum staff qualifications, minimum facility, health,
and safety standards, and mechanisms for monitoring and
enforcing the adopted local standards; and further provided that
parents be informed that the program is not licensed by the
state and the program may not be advertised as a child-care
facility;
(15) an annual youth camp held in a municipality with
a population of more than 1.5 million that operates for not more
than three months and that has been operated for at least 10
years by a nonprofit organization that provides care for the
homeless;
(16) a food distribution program that:
(A) serves an evening meal to children two years
of age or older; and
(B) is operated by a nonprofit food bank in a
nonprofit, religious, or educational facility for not more than
two hours a day on regular business days;
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(17) a child-care facility that operates for less
than three consecutive weeks and less than 40 days in a period
of 12 months;
(18) a program:
(A) in which a child receives direct instruction
in a single skill, talent, ability, expertise, or proficiency;
(B) that does not provide services or offerings
that are not directly related to the single talent, ability,
expertise, or proficiency;
(C) that does not advertise or otherwise
represent that the program is a child-care facility, day-care
center, or licensed before -school or after -school program or
that the program offers child-care services;
(D) that informs the parent or guardian:
(i) that the program is not licensed by the
state; and
(ii) about the physical risks a child may
face while participating in the program; and
(E) that conducts background checks for all
program employees and volunteers who work with children in the
program using information that is obtained from the Department
of Public Safety;
(19) an elementary -age (ages 5-13) recreation program
that:
(A) adopts standards of care, including
standards relating to staff ratios, staff training, health, and
safety;
(B) provides a mechanism for monitoring and
enforcing the standards and receiving complaints from parents of
enrolled children;
(C) does not advertise as or otherwise represent
the program as a child-care facility, day-care center, or
licensed before -school or after -school program or that the
program offers child-care services;
(D) informs parents that the program is not
licensed by the state;
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(E) is organized as a nonprofit organization or
is located on the premises of a participant's residence;
(F) does not accept any remuneration other than
a nominal annual membership fee;
(G) does not solicit donations as compensation
or payment for any good or service provided as part of the
program; and
(H) conducts background checks for all program
employees and volunteers who work with children in the program
using information that is obtained from the Department of Public
Safety;
(20) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which the
caretaker:
(A) had a prior relationship with the child or
sibling group or other family members of the child or sibling
group;
(B) does not care for more than one unrelated
child or sibling group;
(C) does not receive compensation or solicit
donations for the care of the child or sibling group; and
(D) has a written agreement with the parent to
care for the child or sibling group;
(21) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which:
(A) the department is the managing conservator
of the child or sibling group;
(B) the department placed the child or sibling
group in the caretaker's home; and
(C) the caretaker had a long-standing and
significant relationship with the child or sibling group before
the child or sibling group was placed with the caretaker;
(22) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
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children who are related to the caretaker, in which the child is
in the United States on a time -limited visa under the
sponsorship of the caretaker or of a sponsoring organization; or
(23) a facility operated by a nonprofit organization
that:
(A) does not otherwise operate as a child-care
facility that is required to be licensed under this section;
(B) provides emergency shelter and care for not
more than 15 days to children 13 years of age or older but
younger than 18 years of age who are victims of human
trafficking alleged under Section 20A.02, Penal Code;
(C) is located in a municipality with a
population of at least 600,000 that is in a county on an
international border; and
(D) meets one of the following criteria:
(i) is licensed by, or operates under an
agreement with, a state or federal agency to provide shelter and
care to children; or
(ii) meets the eligibility requirements for
a contract under Section 51.005(b)(3).
(b-1) Repealed by Acts 2009, 81st Leg., R.S., Ch. 720,
Sec. 19(1), eff. September 1, 2009.
(c) A single license that lists addresses and the
appropriate facilities may be issued to a general residential
operation that operates noncontiguous facilities that are across
the street from, in the same city block as, or on the same
property as one another and that are demonstrably a single
operation as indicated by patterns of staffing, finance,
administrative supervision, and programs.
(d) A facility exempt from the provisions of Subsection
(a) of this section that desires to receive or participate in
federal or state funding shall be required to comply with all
other provisions of this chapter and with all regulations
promulgated under this chapter.
(e) The exemptions provided by Subsection (b) of this
section do not affect the authority of local, regional, or state
5E - 25
health department officials, the state fire marshal, or local
fire prevention officials to inspect child-care facilities.
(f) Notwithstanding the requirements of Subsection
(b)(14), a municipality that operates an elementary -age (ages 5-
13) recreation program may, in lieu of an annual public hearing,
accept public comment through the municipality's Internet
website for at least 30 days before the municipality adopts
standards of care by ordinance if the municipality:
(1) has a population of 300,000 or more; and
(2) has held at least two annual public hearings on
the standards of care and adopted standards of care by ordinance
after those public hearings.
(g) A child-care facility that is exempt under Subsection
(b)(3) from the licensing requirement of Subsection (a) may
provide care for each child at the child-care facility for not
more than 15 hours a week if the child-care facility:
(1) provides the child care so that a person may
attend an educational class provided by a nonprofit entity; and
(2) is located in a county with a population of
800,000 or more that is adjacent to an international border.
Acts 1979, 66th Leg., p. 2361, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2812, ch.
759, Sec. 2, 3, eff. Aug. 31, 1981; Acts 1987, 70th Leg., ch.
1052, Sec. 4.03, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch.
1115, Sec. 2, eff. June 19, 1987; Acts 1995, 74th Leg., ch.
262, Sec. 54, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 847,
Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec.
7.46, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 664, Sec.
3, 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec.
7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 2,
eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 218, Sec. 3, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.93(a), eff.
September 1, 2005.
5E-26
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 25,
eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1037 (H.B. 1786), Sec. 1,
eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 1,
eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 4, eff.
September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 5, eff.
September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 19(1),
eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 343 (H.B. 3051), Sec. 1,
eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 2,
eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec.
22.001(30), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 192 (S.B. 353), Sec. 1,
eff. May 25, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 1,
eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending
publication of the current statutes, see S.B. 219, 84th
Legislature, Regular Session, for amendments affecting this
section.
5E-27