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2019-11-11 Parks Board PacketCITY OF SOUTHLAKI MEMORANDUM November 11, 2019 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, November 11, 2019 The regular Park Board meeting will begin at 6:00 p.m. Please note the meeting will be held at The Marg Southlake Legends Hall, 285 Shady Oaks Drive, in Legacy Meeting Room. Dinner will be served at 5:30 p.m. Please advise staff if you are not able to attend this meeting (ctribble(cD_ci.southlake.tx.us or 817.748.8021). Thank you. REGULAR AGENDA 1. Agenda Item No. 1. Call To Order 2. Agenda Item No. 2. Consent A. Approve minutes from the regular Parks and Recreation Board meeting held October 14, 2019. Please make any corrections to the minutes part of the motion for consideration. B. Absence of Parks and Recreation Board Members — Approve absence of Paul Venesky from the October 14, 2019 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 4. Agenda Item 4. Consider A-C. Recommendation on Facilities Utilization Aareements with Miracle League Southlake, Dragon Youth Baseball Association (formerly the Southlake Baseball Association). and the Southlake Girls Softball Association — The purpose of agenda items A-C are to seek Park Board's recommendation on Facilities Utilization Agreements (FUA) City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2019 Page 2of3 with the baseball, girls' softball athletic associations and the Miracle League of Southlake respectively. The proposed FUAs are for two (2) year terms, January 1, 2020- December 31, 2021, and contain the same provisions previously approved by the Park Board and City Council in 2017. All FUAs 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 March 6, 2018. 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 November 19, 2019 meeting. D. Recommendation on Southlake Parks Development Corporation Matching Funds request from Southlake Girls Softball Association for shade structure at Bob Jones Softball Complex — The purpose of this item is to provide Southlake Parks Development Corporation (SPDC) with a Park and Recreation Board recommendation on the SPDC Matching Funds request from Southlake Girls Softball Association (SGSA) in the amount of $30,000 (half of total project cost of $60,000) cash contribution toward the purchase and installation of a shade structure at Bob Jones Softball Complex. The shade structure will consist of a 108' x 18' x 9' custom hanging cantilever shade canopy concrete slab with glide elbows, with four (4) columns and are proposed for the area near the existing batting cages. A field map with proposed locations is provided with your packet memo. Staff has reviewed the request from Southlake Girls Softball Association and recommends approval based on the request meeting the criteria designated within the SPDC Matching Funds Policy. SPDC will consider the request on December 3, 2019. City Council will consider the request at their December 3, 2019 meeting. A copy of the SPDC Matching Funds application is included for your review in the packet. E. Recommendation on Trail Matching Funds request from Clariden Ranch Home Owner's Association for trail expansion of the Eastern portion of Cliffs Park — The purpose of this item is to provide City Council with a Park and Recreation Board recommendation on the Trail Matching Funds request from Clariden Ranch HOA in the amount of $38,500 (half of total project cost of $77,000). The cash contribution will be contributed toward the installation of a concrete trail to connect the current western and City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2019 Page 3of3 northern trail ends through to White Chapel. The project will include the placement of two (2) bench pads, park benches, and irrigation modification. Staff has reviewed the request from Clariden Ranch Home Owner's Association and recommends approval based on the request meeting the criteria designated within the Trail Matching Funds Fund. City Council will consider the request at their December 3, 2019 meeting. A copy of the Matching Funds application is included for your review in the packet. 5. Agenda Item No. 5. Discussion A. Parks & Recreation Update - This is a standing item on the agenda to allow staff to update the Board on Parks & Recreation related topics and upcoming activities and events. WORK SESSION AGENDA 6. Southlake 2035 Parks, Recreation & Open Space Master Plan A. Noble Oaks Park B. Haven Park C. Koalaty Park 7. Agenda Item No. 7. Adjournment As always, we appreciate your commitment and service to the City. Chris Tribble STAFF CONTACT INFORMATION: Telephone — (817) 748-8019 285 Shady Oaks Drive, Southlake, TX 76092 Chris Tribble, Director of Community Services, 817-748-8021, (ctribbleccDci.southlake.tx.us) Kate Meacham, Deputy Director of Community Services, 817-748-8018; (kmeacham(d�ci.southlake.tx.us Cassie Tucker, Strategic Operations Manager, 817-748-8036, (ctucker6d�ci.southlake.tx.us) Marcy Haddadi, Administrative Secretary, 817-748-8184; (mhaddadi(cDci.southlake.tx.us) City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARK AND RECREATION BOARD MEETING Monday, November 11, 2019 6:00 P.M. LOCATION: LEGENDS HALL AT THE MARO SOUTHLAKE Legacy Meeting Rooms 285 Shady Oaks Drive Southlake, Texas 76092 TIME: 6:00 P.M. REGULAR AGENDA: 1. Call to Order 2. Consent A. Approve minutes from the Parks and Recreation Board meeting held October 14, 2019 B. Absence of Parks and Recreation Board members 3. Public Forum 4. Consider A. Recommendation on Facilities Utilization Agreement with Miracle League Southlake B. Recommendation on Facilities Utilization Agreement with Dragon Youth Baseball Association C. Recommendation on Facilities Utilization Agreement with Southlake Girls Softball Association D. Recommendation on SPDC Matching Funds Request from Southlake Girls Softball Association for shade structure at Bob Jones Softball Complex E. Recommendation on Trail Matching Funds Request from Clariden Ranch Home Owner's Association for trail connection at Cliffs Park 5. Discussion A. Parks and Recreation Update WORK SESSION: 6. Southlake 2035 Parks, Recreation & Open Space Master Plan A. Noble Oaks Park B. Haven Park C. Koalaty Park 7. Adjournment City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2019 Page 2 of 2 CERTIFICATE I hereby certify that the �gwpif- jgnda was posted on the official bulletin boards at Town Hall, 1400 Main Street, SgaitWx'6s�on Thursday, November 7, 2019 by 6:00 p.m. pursuant t hapter 551 of tt Code. _8r N� Am S elley, T G City Secretary v If you plan to attend this meek jv*, have a disability that requires special needs, please advise the City Secretary 48 hours in advance Y141t9 8016 reasonable accommodations will be made to assist you. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability 1 Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARKS AND RECREATION BOARD MEETING: October 14, 2019 LOCATION: Legends Hall Legacy Meeting Room 285 Shady Oaks Drive, Southlake, Texas 76092 TIME: 6:00 p.m. PARKS AND RECREATION BOARD MEMBERS PRESENT: Chairman Frances Scharli and Vice Chair Lori Palmer; Board Members Kevin Craddock, Jeffrey Ng, Stacy Driscoll, and Chad Bedwell PARKS AND RECREATION BOARD MEMBERS ABSENT: Secretary Paul Venesky STAFF PRESENT: Director of Community Services Chris Tribble, Deputy Director of Community Services Kate Meacham, and Strategic Operations Manager Cassie Tucker, Policy & Strategic Initiative Principal Planner Jerod Potts, Senior Director of Planning and Development Services Ken Baker REGULAR AGENDA 1. CALL TO ORDER Chairman Frances Scharli called the regular Parks and Recreation Board meeting to order at 6:00 p.m. 2. CONSENT AGENDA 2A. APPROVE MINUTES FROM THE REGULAR PARKS AND RECREATION BOARD MEETING HELD September 9, 2019 The minutes of the September 9, 2019 Park Board meeting were approved with one correction to Item 2B to include the absence of Board member Chad Bedwell. 2B. ABSENCE OF PARKS AND RECREATION BOARD MEMBERS Park Board Secretary Paul Venesky's absence at the September 9, 2019 meeting was excused. Park Board member Chad Bedwell absence at the September 9, 2019 meeting was excused. Consent Agenda items are considered to be routine and are enacted with one motion by the Board. APPROVED City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-1 Minutes of the October 14, 2019 Parks Board Meeting Page 2 of 3 A motion was made to approve the Consent items, including the minutes of the September 9, 2019 meeting. Motion: Palmer Second: Craddock Ayes: Bedwell, Scharli, Ng, Driscoll Nays: None Abstain: None Vote: 6-0 Motion carried. 3. PUBLIC FORUM Chairman Frances Scharli opened public forum. There being no one to speak, Chairman Scharli closed public forum. 4. CONSIDER 4A. RECOMMENDATION ON 2020 STANDARDS OF CARE ORDINANCE NO. 1225 Deputy Director of Community Services Kate Meacham presented the 2020 Standards of Care Ordinance No. 1225. The board members did not present questions. The Board discussed the request and was in favor of the 2020 Standards of Care Ordinance No. 1225 as presented. APPROVED A motion was made to recommend approval of the 2020 Standards of Care Ordinance No. 1225 as presented. Motion: Palmer Second: Ng Ayes: Craddock, Scharli, Bedwell, Driscoll Nays: None Abstain: None Vote: 6-0 Motion carried. 4B. RECOMMENDATION ON A REQUEST FOR A VARIANCE TO CITY PARK REGULATIONS OF THE SOUTHLAKE CITY CODE, TO ALLOW ALCOHOL AT RUSTIN AND FAMILY PARK ON NOVEMBER 2, 2019 DURING SOUTHLAKE DIWALIFEST City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-2 Minutes of the October 14, 2019 Parks Board Meeting Page 3 of 3 Director of Community Services Chris Tribble presented the request for a variance and was available to answer questions. The Board discussed the request and was in favor of the variance request. The applicant was present and provided a brief overview of the event. /_1»:Z611/ 4 A motion was made to recommend approval variance request to allow alcohol at the Diwalifest to be held November 2, 2019 in Rustin and Family Park. Motion: Palmer Second: Ng Ayes: Craddock, Scharli, Bedwell, Driscoll Nays: None Abstain: None Vote: 6-0 Motion carried. 5. DISCUSSION 5A. PARKS & RECREATION UPDATE Deputy Director of Community Services Kate Meacham presented the Parks & Recreation update on upcoming events and responded to questions. 5113. PARK DEDICATION FUND SUMMARY Director Chris Tribble introduced a summary of the Park Dedicated Fund and responded to questions. WORK SESSION AGENDA 6. Southlake 2035 Parks, Recreation & Open Space Master Plan 6A. Southlake Sports Complex Director Chris Tribble presented the Southlake Sports Complex and how it incorporates in the 2030 Masterplan. Southlake residents were present and discussed concerns and opinions on the future of the facility. Park Board heard the input and took the recommendations into consideration for current planning events. 7. ADJOURNMENT APPROVED City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Minutes of the October 14, 2019 Parks Board Meeting Page 4 of 3 A motion was made to adjourn the meeting at 7:24 p.m. Motion: Palmer Second: Bedwell Ayes: Craddock, Scharli, Ng, Driscoll Nays: None Abstain: None Vote: 6-0 Motion carried. Frances Scharli, Chairman Parks & Recreation Board Chris Tribble, Director Community Services Dept. An audio recording of this meeting may be available upon request from the Office of City Secretary. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2A-4 CITY OF SOUTI-HLAKE MEMORANDUM November 11, 2019 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: Recommendation to approve the absence of Paul Venesky from the October 14, 2019 Park Board meeting. Background Information: The "Absence Policy for Parks and Recreation Board" adopted July 12, 2004 and revised March 2, 2010, 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: City Council approved the Policy Ordinance Review Committee (P.O.R.C.) revisions to the Parks and Recreation Board Absence Policy March 2, 2010 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: Recommendation to approve the absence of Paul Venesky from the October 14, 2019 meeting. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKI MEMORANDUM November 7, 2019 TO: Park and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on Facilities Utilization Agreement with Miracle League Southlake Action Requested: Park Board recommendation on the Facilities Utilization Agreement with Miracle League Southlake for 2020 through 2021. Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. Use of all City -owned athletic fields is authorized by the City Council through a Facilities Utilization Agreement (FUA). The proposed FUA with Miracle League Southlake (MLS) is an agreement to provide athletic fields for the athletic program January 1, 2020 — December 31, 2021. A copy of the proposed FUA with MLS is attached for your consideration. City Council will consider the proposed FUA at their meeting on November 19, 2019. Financial Considerations: Specific to the MLS agreement is a provision to waive the 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. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management & Service Delivery City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2019 Page 2 of 2 and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. Citizen Input/ Board Review: Parks & Recreation Board consideration November 11, 2019 City Council consideration November 19, 2019 Legal Review: The agreement has been reviewed by the City Attorney. Alternatives: Alternatives include: ■ Approve as presented ■ Approve with input as desired ■ Decision not to approve Attachments: Proposed Facilities Utilization Agreement with MLS Staff Recommendation: Park Board recommendation to approve the Facilities Utilization Agreement with Miracle League Southlake for 2020-2021. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 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 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a recreational 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 2020 - 2021. Specific field allocations will be made in accordance with the City of Southlake Policy for the Provision of Athletic Facilities, which is made a part of this Agreement by reference and identified herein as Exhibit A. SECTION 2 TERMS OF AGREEMENT 1. This Agreement will be effective on the date signed by the CITY'S Mayor. 2. The term of this Agreement shall be from January 1, 2020 through December 31, 2021. 4A-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. 7. Both the CITY and the MILS agree on a goal that all residents of Southlake will continue to have the opportunity, at all levels of ability, to participate in the athletic program established for their individual skill level. As an integral part of this goal the CITY requires the MILS to find a team for all Southlake residents who register by the program's stated registration deadline and do not exceed the LMS stated maximum participants. Priority of registration for qualified participants shall fall in the following order: - Southlake Residents • CISD Students Non-Southlake Residents Note — Resident is defined as person who lives within the Southlake City limits and pay City taxes. 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 the Bicentennial Park baseball fields shall be used in accordance with Exhibit B. SECTION 4 FIELD MAINTENANCE FEES On April 16, 2013 City Council approved a waiver of all field maintenance fees for the Miracle League Southlake 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. 4A-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 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 "8" -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. 4A-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. . . J 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 by: day of , CITY OF SOUTHLAKE Mayor City of Southlake President Miracle League Southlake 4A-1 O City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina Principles The City of Southlake provides municipal services that support the highest quality of life for our residents, businesses, and visitors. We do this by being an exemplary model of balancing efficiency, fiscal responsibility, transparency, and sustainability. We do this by adhering to the City's Strategy Map which focuses on Safety & Security, Infrastructure, Mobility, Quality Development, Partnerships & Volunteerism, and Performance Management & Service Delivery. The Southlake City Council has adopted this Policy for the Provision of Athletic Facilities to ensure the most appropriate and operationally sustainable allocation of the City owned athletic facility assets. The policy will guide the management and provision of the City's athletic facilities (excluding those at The Marq Southlake and the Southlake Tennis Center). Management The Department of Community Services is charged with overseeing all aspects of the City's Park and Recreation system, including the management and allocation of all athletic facilities as per this policy to ensure we are Serving Our Customers, Managing the Business and Providing Financial Stewardship of these City owned assets. The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system. • Ensure a safe and secure parks and recreation system for customers • Develop and maintain outstanding parks, community facilities & public spaces • Provide meaningful opportunities for volunteer involvement • Deliver exceptional customer service • Promote lifelong learning & active lifestyles through high quality facilities, programs & events • Enhance customer engagement by providing strategic messaging for community facilities, programs & events • Collaborate with select partners to implement service solutions • Partner with community stakeholders to identify & implement needs of the community • Enhance resident quality of life & business vitality through tourism • Enhance service delivery through process development and continual process improvement • Provide high value services through efficient management of resources 4A-11 Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 4A-12 2 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 4A-13 3 National Alliance for Youth Sports organization. Three (3) hours of practice space, per team, per week for youth (10 & under), and six (6) hours of practice space, per team, per week for middle school aged (11 & up). The City will allocate an additional 10% of practice space, beyond the number of hours of practice space per team, per week, to account for potential field closures related to inclement weather. The City will make the allocations no less than thirty (30) days prior to the start of practices for each season. The allocations will be specific to the park, complex, field, day and time. The athletic association will only have access to the specific fields allocated and only on the days and times allocated. Athletic facilities may only be used by the approved athletic associations during the following days and times for season practices and games. DAY BEGIN END Sunda 12:OOPM 10:OOPM Mon — Thurs 4:OOPM 10:OOPM Friday 4:OOPM 11:OOPM Saturday 8:OOAM 11:OOPM Exception: Field use at North Park shall cease by 9:OOPM daily (Sunday — Saturday) The athletic association is responsible for turning off all field lights when no longer in use each day. The City will set field lights to automatically turn off thirty (30) minutes after each day's end time. IV. Communication In working with the City's approved athletic association programs, the Department of Community Services shall: • Provide board member orientation on an annual basis for all athletic association board members/representatives • Meet with key athletic association board members/representatives at least one month prior to each season to discuss the details and logistics for the upcoming season • Meet with key athletic association board members/representatives as needed throughout the year • Provide, manage and monitor the City's athleticfields(a)ci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfields(c�ci.southlake. tx.us 4A-14 4 • Submit a complete schedule for practices/scrimmages and games (field number, age group, dates, times) no less than one (1) week prior to the beginning of the season to the City via email athleticfields(a)ci.south lake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(aD-ci.south lake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(a)ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying ■ may require up to 24 hours field closure ■ City will give a 48 hour notice ■ City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 4A-15 5 • Maintain all back -stops, fences, gates, dugouts and bleachers in a safe and secure condition • Provide and install field equipment (bases, pitching rubbers, goals, etc.) Authorized users shall: • Be responsible for daily policing of all litter at the facility to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds • Place all litter in the bins, cans, and receptacles provided by the City. Note: If within the City's judgment, the authorized user does not comply with litter collection, a notification letter will be issued by the City requesting immediate compliance. Further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up • Be prohibited from performing any maintenance to any City property • Secure the facility when leaving (lock storage rooms, lock concession stands, secure scoreboard controllers, lock all field gates and building doors, turn off all field lights, interior building lights, and pavilion lights) • Be appropriately trained by City staff on the use of any field prep supplies and hand equipment if the association desires to prep fields more frequently than what is provided by the City VI. Field Closures Athletic fields will be closed to allow for the ongoing maintenance required to provide athletic fields that meet the Southlake standard. All athletic fields are closed during the months of December & January All athletic fields will be closed for twelve (12) consecutive days during the City's maintenance periods in June o The City will attempt to rotate fields and split maintenance on fields in an effort to keep half of the fields open for practices o Maintenance during this period includes: ■ Mowing/Verti-cutting as necessary (if heavy buildup of thatch) ■ Aeration / Top dressing / Fertilization of fields ■ Over-seeding/sod replacement in heavy wear spots (City to determine which fields one (1) month prior. Requires 10-20 days for seed germination or time for sod to take root) ■ Watering time needed to water in fertilizer and keep any seed or sod moist to allow for germination and to take root ■ Infield and complex maintenance Heavy use rectangular athletic fields (football/lacrosse/soccer) will be closed for two (2) weeks in September/October to allow for overseeding with rye grass o Depending on the weather, the City will make every possible effort to work with authorized users to schedule the overseeding around game schedules Athletic fields may also be closed due to inclement weather and/or safety concerns. Field closures due to inclement weather may be necessary if it is raining at game/practice time, if the fields/courts are too wet, and/or in the interest of participant safety and/or preservation of good playing surfaces. The procedures for inclement weather field closures are as follows: • Weekdays o Inspect athletic fields by 3:OOPM 4A-15 6 o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, the Parks Manager or designee familiar with the athletic fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday — Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 4A-17 7 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. Lighting Prediction System 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. (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 4A-18 8 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 4A-1 9 9 water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 4A-20 10 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Revised Date: March 6, 2018 Approved by. City Council Original Approval Date: June 21, 2016 Approved by. City Council Recommendation Date: June 6, 2016 Recommended by: Parks & Recreation Board Recommendation Date: June 1, 2016 Recommended by: City Council/Parks & Recreation Board Athletics Task Force 4A-21 11 EXHIBIT "B" CONCESSION STAND AGREEMENT 1. The ASSOCIATION shall coordinate use of the concession stand at the Bicentennial Park Baseball Fields with Dragon Youth Baseball for the duration of this Agreement. 4A-22 CITY OF SOUTHLAKI MEMORANDUM November 7, 2019 TO: Park and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on Facilities Utilization Agreement with Dragon Youth Baseball Action Requested: Park Board recommendation on the Facilities Utilization Agreement with Dragon Youth Baseball for 2020 through 2021. Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. Use of all City -owned athletic fields is authorized by the City Council through a Facilities Utilization Agreement (FUA). The proposed FUA with Dragon Youth Baseball (DYB) is an agreement to provide athletic fields for the youth baseball program January 1, 2020 — December 31, 2021. A copy of the proposed FUA with DYB is attached for your consideration. City Council will consider the proposed FUA at their meeting on November 19, 2019. 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 & Service Delivery and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2019 Page 2 of 2 Citizen Input/ Board Review: Parks & Recreation Board consideration November 11, 2019 City Council consideration November 19, 2019 Legal Review: The agreement has been reviewed by the City Attorney. Alternatives: Alternatives include: ■ Approve as presented ■ Approve with input as desired ■ Decision not to approve Attachments: Proposed Facilities Utilization Agreement with DYB Staff Recommendation: Park Board recommendation to approve the Facilities Utilization Agreement with Dragon Youth Baseball for 2020- 2021. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Dragon Youth Baseball, 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 2020 - 2021. Specific field allocations will be made in accordance with the City of Southlake Policy for the Provision of Athletic Facilities, which is made a part of this Agreement by reference and identified herein as Exhibit A. SECTION 2 TERMS OF AGREEMENT 1. This Agreement will be effective on the date signed by the CITY'S Mayor. 2. The term of this Agreement shall be from January 1, 2020 through December 31, 2021. 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. 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 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. 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 C 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 "8"- 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. 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 sovereign immunities, rights, benefits, or protections of CITY. This Agreement is made and entered into on the by: City Secretary Approved as to form City Attorney day of CITY OF SOUTHLAKE Mayor City of Southlake President Dragon Youth Baseball City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina Principles The City of Southlake provides municipal services that support the highest quality of life for our residents, businesses, and visitors. We do this by being an exemplary model of balancing efficiency, fiscal responsibility, transparency, and sustainability. We do this by adhering to the City's Strategy Map which focuses on Safety & Security, Infrastructure, Mobility, Quality Development, Partnerships & Volunteerism, and Performance Management & Service Delivery. The Southlake City Council has adopted this Policy for the Provision of Athletic Facilities to ensure the most appropriate and operationally sustainable allocation of the City owned athletic facility assets. The policy will guide the management and provision of the City's athletic facilities (excluding those at The Marq Southlake and the Southlake Tennis Center). Management The Department of Community Services is charged with overseeing all aspects of the City's Park and Recreation system, including the management and allocation of all athletic facilities as per this policy to ensure we are Serving Our Customers, Managing the Business and Providing Financial Stewardship of these City owned assets. The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system. • Ensure a safe and secure parks and recreation system for customers • Develop and maintain outstanding parks, community facilities & public spaces • Provide meaningful opportunities for volunteer involvement • Deliver exceptional customer service • Promote lifelong learning & active lifestyles through high quality facilities, programs & events • Enhance customer engagement by providing strategic messaging for community facilities, programs & events • Collaborate with select partners to implement service solutions • Partner with community stakeholders to identify & implement needs of the community • Enhance resident quality of life & business vitality through tourism • Enhance service delivery through process development and continual process improvement • Provide high value services through efficient management of resources 4B-11 Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 4B-12 2 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 4B-13 3 National Alliance for Youth Sports organization. Three (3) hours of practice space, per team, per week for youth (10 & under), and six (6) hours of practice space, per team, per week for middle school aged (11 & up). The City will allocate an additional 10% of practice space, beyond the number of hours of practice space per team, per week, to account for potential field closures related to inclement weather. The City will make the allocations no less than thirty (30) days prior to the start of practices for each season. The allocations will be specific to the park, complex, field, day and time. The athletic association will only have access to the specific fields allocated and only on the days and times allocated. Athletic facilities may only be used by the approved athletic associations during the following days and times for season practices and games. DAY BEGIN END Sunda 12:OOPM 10:OOPM Mon — Thurs 4:OOPM 10:OOPM Friday 4:OOPM 11:OOPM Saturday 8:OOAM 11:OOPM Exception: Field use at North Park shall cease by 9:OOPM daily (Sunday — Saturday) The athletic association is responsible for turning off all field lights when no longer in use each day. The City will set field lights to automatically turn off thirty (30) minutes after each day's end time. IV. Communication In working with the City's approved athletic association programs, the Department of Community Services shall: • Provide board member orientation on an annual basis for all athletic association board members/representatives • Meet with key athletic association board members/representatives at least one month prior to each season to discuss the details and logistics for the upcoming season • Meet with key athletic association board members/representatives as needed throughout the year • Provide, manage and monitor the City's athleticfields(a)ci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfields(c�ci.southlake. tx.us 4B-14 4 • Submit a complete schedule for practices/scrimmages and games (field number, age group, dates, times) no less than one (1) week prior to the beginning of the season to the City via email athleticfields(a)ci.south lake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(aD-ci.south lake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(a)ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying ■ may require up to 24 hours field closure ■ City will give a 48 hour notice ■ City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 4B-15 5 • Maintain all back -stops, fences, gates, dugouts and bleachers in a safe and secure condition • Provide and install field equipment (bases, pitching rubbers, goals, etc.) Authorized users shall: • Be responsible for daily policing of all litter at the facility to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds • Place all litter in the bins, cans, and receptacles provided by the City. Note: If within the City's judgment, the authorized user does not comply with litter collection, a notification letter will be issued by the City requesting immediate compliance. Further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up • Be prohibited from performing any maintenance to any City property • Secure the facility when leaving (lock storage rooms, lock concession stands, secure scoreboard controllers, lock all field gates and building doors, turn off all field lights, interior building lights, and pavilion lights) • Be appropriately trained by City staff on the use of any field prep supplies and hand equipment if the association desires to prep fields more frequently than what is provided by the City VI. Field Closures Athletic fields will be closed to allow for the ongoing maintenance required to provide athletic fields that meet the Southlake standard. All athletic fields are closed during the months of December & January All athletic fields will be closed for twelve (12) consecutive days during the City's maintenance periods in June o The City will attempt to rotate fields and split maintenance on fields in an effort to keep half of the fields open for practices o Maintenance during this period includes: ■ Mowing/Verti-cutting as necessary (if heavy buildup of thatch) ■ Aeration / Top dressing / Fertilization of fields ■ Over-seeding/sod replacement in heavy wear spots (City to determine which fields one (1) month prior. Requires 10-20 days for seed germination or time for sod to take root) ■ Watering time needed to water in fertilizer and keep any seed or sod moist to allow for germination and to take root ■ Infield and complex maintenance Heavy use rectangular athletic fields (football/lacrosse/soccer) will be closed for two (2) weeks in September/October to allow for overseeding with rye grass o Depending on the weather, the City will make every possible effort to work with authorized users to schedule the overseeding around game schedules Athletic fields may also be closed due to inclement weather and/or safety concerns. Field closures due to inclement weather may be necessary if it is raining at game/practice time, if the fields/courts are too wet, and/or in the interest of participant safety and/or preservation of good playing surfaces. The procedures for inclement weather field closures are as follows: • Weekdays o Inspect athletic fields by 3:OOPM 4B-16 6 o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, the Parks Manager or designee familiar with the athletic fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday — Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 4B-17 7 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. Lighting Prediction System 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. (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 4B-18 8 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 4B-19 9 water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 4B-20 10 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Revised Date: March 6, 2018 Approved by. City Council Original Approval Date: June 21, 2016 Approved by. City Council Recommendation Date: June 6, 2016 Recommended by: Parks & Recreation Board Recommendation Date: June 1, 2016 Recommended by: City Council/Parks & Recreation Board Athletics Task Force 4B-21 11 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 4B-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. 4B-23 CITY OF SOUTHLAKI MEMORANDUM November 7, 2019 TO: Park and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on Facilities Utilization Agreement with Southlake Girls Softball Association Action Requested: Park Board recommendation on the Facilities Utilization Agreement with Southlake Girls Softball Association for 2020 through 2021. Background Information: The City coordinates with several Southlake youth athletic associations to provide youth sports programs to residents. Use of all City -owned athletic fields is authorized by the City Council through a Facilities Utilization Agreement (FUA). The proposed FUA with Southlake Girls Softball Association (SGSA) is an agreement to provide athletic fields for the girls' softball program January 1, 2020 — December 31, 2021. A copy of the proposed FUA with SGSA is attached for your consideration. City Council will consider the proposed FUA at their meeting on November 19, 2019. 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 & Service Delivery and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2019 Page 2 of 2 Citizen Input/ Board Review: Parks & Recreation Board consideration November 11, 2019 City Council consideration November 19, 2019 Legal Review: The agreement has been reviewed by the City Attorney. Alternatives: Alternatives include: ■ Approve as presented ■ Approve with input as desired ■ Decision not to approve Attachments: Proposed Facilities Utilization Agreement with SGSA Staff Recommendation: Park Board recommendation to approve the Facilities Utilization Agreement with Southlake Girls Softball Association for 2020-2021. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Southlake Girls Softball Association, herein called "ASSOCIATION." WHEREAS, the CITY owns, operates, and maintains certain athletic facilities for the recreation, use, benefit, and enjoyment of its residents and the general public; and WHEREAS, the ASSOCIATION desires to lease (or utilize) the CITY'S athletic facilities to provide a youth softball program in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a recreational youth softball program that adheres to the City of Southlake's organization values outlined in Section 9 of the Agreement. B. The CITY agrees to allocate the required number of fields to meet the Association's program needs for 2020 - 2021. Specific field allocations will be made in accordance with the City of Southlake Policy for the Provision of Athletic Facilities, which is made a part of this Agreement by reference and identified herein as Exhibit A. SECTION 2 TERMS OF AGREEMENT 1. This Agreement will be effective on the date signed by the CITY'S Mayor. 2. The term of this Agreement shall be from January 1, 2020 through December 31, 2021. 4C-3 3. Softball shall consist of the following seasons: a. Spring Recreational (typically February- May) b. Fall Recreational (typically August- November) c. Spring/Summer Select (typically February- July) d. Fall Select (typically August- November) The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, pre -season games, games, clinics, camps, etc., for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. The ASSOCIATION may have up to two (2) RECREATIONALLY based All -Star Tournaments per calendar year included at no charge. The CITY will provide only normal league game readiness services for these tournaments. 5. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 6. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 7. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved in writing by the City Council following a recommendation by the Parks and Recreation Board. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter -league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. 4C-4 The concession stand at the Bob Jones Park Softball Fields shall be used in accordance with Exhibit B. SECTION 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident 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 softball program. SECTION 5 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises, and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000- Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. 4C-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 4C-5 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 4C-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. 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. 4C-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 sovereign 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 President Southlake Girls Softball Association 4C-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 and operationally sustainable allocation of the City owned athletic facility assets. The policy will guide the management and provision of the City's athletic facilities (excluding those at The Marq Southlake and the Southlake Tennis Center). Management The Department of Community Services is charged with overseeing all aspects of the City's Park and Recreation system, including the management and allocation of all athletic facilities as per this policy to ensure we are Serving Our Customers, Managing the Business and Providing Financial Stewardship of these City owned assets. The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system. • Ensure a safe and secure parks and recreation system for customers • Develop and maintain outstanding parks, community facilities & public spaces • Provide meaningful opportunities for volunteer involvement • Deliver exceptional customer service • Promote lifelong learning & active lifestyles through high quality facilities, programs & events • Enhance customer engagement by providing strategic messaging for community facilities, programs & events • Collaborate with select partners to implement service solutions • Partner with community stakeholders to identify & implement needs of the community • Enhance resident quality of life & business vitality through tourism • Enhance service delivery through process development and continual process improvement • Provide high value services through efficient management of resources 4C-11 Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 4C-12 2 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 4C-13 3 National Alliance for Youth Sports organization. Three (3) hours of practice space, per team, per week for youth (10 & under), and six (6) hours of practice space, per team, per week for middle school aged (11 & up). The City will allocate an additional 10% of practice space, beyond the number of hours of practice space per team, per week, to account for potential field closures related to inclement weather. The City will make the allocations no less than thirty (30) days prior to the start of practices for each season. The allocations will be specific to the park, complex, field, day and time. The athletic association will only have access to the specific fields allocated and only on the days and times allocated. Athletic facilities may only be used by the approved athletic associations during the following days and times for season practices and games. DAY BEGIN END Sunda 12:OOPM 10:OOPM Mon — Thurs 4:OOPM 10:OOPM Friday 4:OOPM 11:OOPM Saturday 8:OOAM 11:OOPM Exception: Field use at North Park shall cease by 9:OOPM daily (Sunday — Saturday) The athletic association is responsible for turning off all field lights when no longer in use each day. The City will set field lights to automatically turn off thirty (30) minutes after each day's end time. IV. Communication In working with the City's approved athletic association programs, the Department of Community Services shall: • Provide board member orientation on an annual basis for all athletic association board members/representatives • Meet with key athletic association board members/representatives at least one month prior to each season to discuss the details and logistics for the upcoming season • Meet with key athletic association board members/representatives as needed throughout the year • Provide, manage and monitor the City's athleticfields(a)ci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfields(c�ci.southlake. tx.us 4C-14 4 • Submit a complete schedule for practices/scrimmages and games (field number, age group, dates, times) no less than one (1) week prior to the beginning of the season to the City via email athleticfields(a)ci.south lake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(aD-ci.south lake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(a)ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying ■ may require up to 24 hours field closure ■ City will give a 48 hour notice ■ City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 4C-15 5 • Maintain all back -stops, fences, gates, dugouts and bleachers in a safe and secure condition • Provide and install field equipment (bases, pitching rubbers, goals, etc.) Authorized users shall: • Be responsible for daily policing of all litter at the facility to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds • Place all litter in the bins, cans, and receptacles provided by the City. Note: If within the City's judgment, the authorized user does not comply with litter collection, a notification letter will be issued by the City requesting immediate compliance. Further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up • Be prohibited from performing any maintenance to any City property • Secure the facility when leaving (lock storage rooms, lock concession stands, secure scoreboard controllers, lock all field gates and building doors, turn off all field lights, interior building lights, and pavilion lights) • Be appropriately trained by City staff on the use of any field prep supplies and hand equipment if the association desires to prep fields more frequently than what is provided by the City VI. Field Closures Athletic fields will be closed to allow for the ongoing maintenance required to provide athletic fields that meet the Southlake standard. All athletic fields are closed during the months of December & January All athletic fields will be closed for twelve (12) consecutive days during the City's maintenance periods in June o The City will attempt to rotate fields and split maintenance on fields in an effort to keep half of the fields open for practices o Maintenance during this period includes: ■ Mowing/Verti-cutting as necessary (if heavy buildup of thatch) ■ Aeration / Top dressing / Fertilization of fields ■ Over-seeding/sod replacement in heavy wear spots (City to determine which fields one (1) month prior. Requires 10-20 days for seed germination or time for sod to take root) ■ Watering time needed to water in fertilizer and keep any seed or sod moist to allow for germination and to take root ■ Infield and complex maintenance Heavy use rectangular athletic fields (football/lacrosse/soccer) will be closed for two (2) weeks in September/October to allow for overseeding with rye grass o Depending on the weather, the City will make every possible effort to work with authorized users to schedule the overseeding around game schedules Athletic fields may also be closed due to inclement weather and/or safety concerns. Field closures due to inclement weather may be necessary if it is raining at game/practice time, if the fields/courts are too wet, and/or in the interest of participant safety and/or preservation of good playing surfaces. The procedures for inclement weather field closures are as follows: • Weekdays o Inspect athletic fields by 3:OOPM 4C-16 6 o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, the Parks Manager or designee familiar with the athletic fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday — Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 4C-17 7 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. Lighting Prediction System 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. (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 4C-18 8 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 4C-19 9 water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 4C-20 10 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Revised Date: March 6, 2018 Approved by. City Council Original Approval Date: June 21, 2016 Approved by. City Council Recommendation Date: June 6, 2016 Recommended by: Parks & Recreation Board Recommendation Date: June 1, 2016 Recommended by: City Council/Parks & Recreation Board Athletics Task Force 4C-21 11 EXHIBIT "B" CONCESSION STAND AGREEMENT 1. The ASSOCIATION shall have exclusive use of the concession stand at the Bob Jones Park Softball 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 4C-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. 4C-23 CITY OF SOUTHLAKI MEMORANDUM November 7, 2019 TO: Parks and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on SPDC Matching Funds Request from Southlake Girls Softball Association (SGSA) for installation of shade structures on existing batting cages at Bob Jones Softball Complex Action Requested: Park Board recommendation on the Southlake Parks Development Corporation (SPDC) Matching Funds request from Southlake Girls Softball Association (SGSA) Background Information: The Community Services Department recently received a request for SPDC matching funds from Southlake Girls Softball Association (SGSA) in the amount $30,000 (half of total project cost) for installation of shade structures on existing batting cages at Bob Jones Softball Complex. The total cost for the proposed project is estimated to be $60,000. The proposed improvements to Bob Jones Softball Complex will ensure a large amount of shade from the heat of the day for spectators and players waiting near the batting cages. Staff has reviewed the request from SGSA and recommends approval based on the request meeting the criteria designated within the SPDC Matching Funds Policy. A representative from SGSA may be present at the meeting to respond to any questions from the Park Board. SPDC will make a recommendation on the request at their December 3, 2019 meeting, prior to City Council consideration on December 3, 2019. A copy of the SPDC Matching Funds application from SGSA is included with the memo for your review. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2019 Page 2 of 3 Financial Considerations: Approval of a matching funds request will assist with offsetting capital costs of a project. Availability of SPDC matching funds for the project are reviewed when SPDC makes their recommendation to City Council. The Park Board's consideration of the project is based on the viability of the project itself to the overall use of the City's parks and recreation system as per the adopted Southlake 2030 Parks, Recreation & Open Space/Community Facilities Master Plan, the evaluation criteria and the benefit the project is to Southlake residents. Strategic Link: The matching funds request is linked to the City's Strategy Map related to the focus areas of Quality Development and Partnerships and Volunteerism and meets the corporate objectives to provide attractive and unique spaces for enjoyment of personal interests, collaborate with select partners to implement service solutions, and invest to provide and maintain high quality public assets. Citizen Input/ Board Review: Southlake Girls Softball Association (SGSA) proposes to commit funds in the amount of $30,000 towards the proposed project. Parks & Recreation Board recommendation November 11, 2019 SPDC recommendation December 3, 2019 City Council to consider December 3, 2019 Legal Review: N/A Alternatives: N/A Supporting Documents: ■ SPDC Matching Funds Application from Southlake Girls Softball Association (SGSA) ■ Map of Bob Jones Softball Complex City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4D-2 Parks and Recreation Board Meeting Date — November 11, 2019 Page 3 of 3 ■ Drawing of proposed shade structure ■ Project Proposal Staff Recommendation: Park Board recommendation to approve the SPDC Matching Funds request from Southlake Girls Softball Association for installation of shade structures on existing batting cages at Bob Jones Softball Complex City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4D-3 Revised 03.08.12 PROPOSED SPDC MATCHING FUNDS PROJECT APPLICATION Project Name: Add overhang shading to the Bob Jones batting cages Project Location: Bob Jones Softball Complex Batting Cages Contact Person: Brett Orr organization: Southlake Girls Softball Association (SGSA) Mailing Address: PO Box 92643 City: Southlake State: TX ZIP: 76092 Phone: Cell:817-689-6127 Fax: Ben McCarrick Additional Contact Person: Phone: 301-642-2404 Project Description: Construction of a overhang on the East end of the Eastern warm-up area. This would provide a large amount of shading during the heat of the day in a cost effective, and utilization efficiency, manner. Project Justification: One of the common complaints that we get back from SGSA softball families is that the heat at the batting cages on a sunny day can get oppressive with the turf / concrete absorbing a lot of heat. There is no effective shading located anywhere near that area. Proposed Start Date: Winter 2019 Proposed Completion Date: Spring 2020 Projected Cost:601000 Funds Requested: 30,000 Check One: Standard Match X OR In -Kind Match %Match Proposed: 500 0 Does the individual/organization currently have its portion of the requested funds match? Yes If not, when does the individual/organization anticipate having its portion of the match? I Nk i 1 A Bob Janes Softball Batting Cage Shade Structure r . tiTw J S N 1k m 4 N - Shade Structure location AK 9ft Tall .' ` �.:':° �r r r � t { y 0 M ilow �� 11,11,1011,1640 1 0-ld I' Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Southlake, City of 'a (Shane Cloud N Bob Jones Batting Cages Canopy 400 North White Chapel Southlake TX 76092 Phone: Fax: 817-713-9077 Terms: Percentage Completed Draws Monthly Quote #Q64869 Page: 1 Date: 10/17/2019 Project: 18456 By. F- Pat Kennedy F Southlake, City of a (Mike Reasoner In Bob Jones Batting Cages Canopy 3901 N. White Chapel Southlake TX 76092 Main Phone: Mobile Phone: F817-748-8603 817-266-6851 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #592-19 1 KSHCANTILE Custom Hanging Cantilever Shade VER Canopy, 108x18x 9 eave height with glide elbows, 4 columns on base plates mounted below surface, by Superior Shade QUO0190974 choice 26,538.00 26,538.00 4 PIERS36X120 Concrete piers, for pavilion & canopy 36" 3,334.00 13,336.00I columns, with anchor bolts set if x120" required, with steel rebar reinforcement, By: Kraftsman 1 ENG622 Engineer Sealed Drawings of Shade 1,200.00 1,200.00 Canopy and Foundations by Superior Shade Subtotal: $41,074.00 Shipping & Handling: $1,971.43 Discount: ($3, 320.60) Equipment Subtotal: $39,724.83 Tax: $0.00 Install: $15,019.00 Total: $54,743.83 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 Special Terms and Conditions Subject: Items not included: Quote #Q64869 Page: 2 Date: 10/17/2019 Project: 18456 By. Pat Kennedy Date: 10/15/2019 These items are not included: • Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. Concrete lead walks or adjoining observation concrete deck areas. Storm Water Pollution Controls for project site. Temporary security fence during construction. Patching of existing concrete decorative coatings, staining, coloring, or surfacing if any existing concrete deck is removed during excavation for piers. • Removal of existing equipment. Subject: Buy Board: Date: 10/15/2019 Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Subject: Sales Tax Exempt: Date: 10/15/2019 Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. Subject: Insurance Terms: Date: 10/15/2019 Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage's if required. Subject: Credit Card terms: Date: 10/15/2019 If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card, there is a 4% processing fee charge. Subject: Monthly Progress Billings Date: 10/15/2019 All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Subject: No Bonding Included: Date: 10/15/2019 No performance, or payment bonds, and/or maintenance bonds are included. These are available upon request at additional cost for the bonds and processing. Subject: Delivery and Unloading: Date: 10/15/2019 If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman's Warehouse and stored until needed on the project. Then transported to the site at the time of installation. Subject: Locating for Underground Utilities: Date: 10/15/2019 • Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. • Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. • Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsm4LJ�aN-5will be the owner's expense and responsibility. Kraftsman Quote #Q64863 COMMERCIAL PLAYGROUNDS & Page: 3 WATER PARKS 19535 Haude Road Date: 10/17/2019 Spring, TX 77388 Project: Phone: (281) 353-9599 Fax: (281) 353-2265 Pat Kennedy By: Subject: Installation: Date: 10/15/2019 Installation quoted includes: Haul off of soil and concrete spoils from project site; or distribution and leveling of any excess soils from excavation, if there is an area approved by customer for filling low areas on the facility. Assembly of all frame work, installation of fabric and cable system, and all equipment necessary for installation. Subject: Pier Sizes Quoted: Date: 10/15/2019 Pier sizes and prices quoted are subject to final engineering review and may change upon soils reports and engineering being completed. Any additional charges will be presented for approval prior to starting construction. Subject: Care, Maintenance, and Warranties of Canopies: Date: 10/15/2019 Fabric Shade Canopies are designed to withstand normal wind loads and weather conditions, and will provide years of sun, heat, hail & UV protection with minimal maintenance.Warranties shall be void if damage to or failure to the shade structure is caused by contact with chemical, misuse, vandalism, fireworks or acts of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters.All fabric tops are warranted for sustained winds up to 76 mph and for gusts of up to 3 seconds duration up to 90 mph with no snow or ice accumulation. Damage caused by flying debris is not covered.Fabric is not warranted where it is installed on a structure that is not engineered or built by the manufacturer. Subject: Acts of Nature: Date: 10/15/2019 Fabric Shade Canopy warranties do not cover natural disasters, such as earthquakes, shifts in terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Structures are warranted for winds up to 145 mph, only if the shade canopy fabric has been removed as per requirements by the manufacturer. Care must be taken during removal of canopies so as not to damage the fabric or connection points and hardware. Contact Kraftsman or the manufacturer of the canopy if there are questions in regards to proper removal and reinstallation processes and procedures. Subject: Project Completion: Date: 10/15/2019 Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: Project product submittals reviewed, approved and returned. Completed Color selection sheet (signed and dated) Physical project address All contact names and phone numbers Exemption certificate Deposit per contract Shipping of equipment from factory will be approximately as follows: Shade Canopies without engineer sealed drawings - lead time for the shade canopy to ship is 10-12 weeks from when the order is placed with the manufacturer allow 2-4 weeks to install after shipping. Shade Canopies with engineer sealed drawings - the lead time for the shade canopy to ship is 10-12 weeks from when the order is placed with the manufacturer allow 2-4 weeks to install after shipping. Shade Sails - the lead time for the shade columns to ship is 8-12 weeks from when the order is placed with the manufacturer, then 2-3 weeks to install columns, and 6-8 weeks to manufacture sail fabrics, allow 2-4 weeks to install sails after shipping. Subject: Building Permits: Building permits are not included or provided. Engineer stamped plans are not included. Date: 10/15/2019 Subject: Lead Times: Date: 10/15/2019 Lead Times are after approval of all Initial submittal info and colors. Shade Canopies with engineer sealed drawings - the lead time for the shade canopy to ship is 10-12 weeks from when the order is placed with the manufacturer. i �, Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring, TX 77388 Phone: (281) 353-9599 Fax: (281) 353-2265 General Terms and Conditions Sold To: Southlake, City of Terms: Percentaqe Completed Draws Monthly CONDITIONS OF SALE Quote #Q64863 Page: 4 Date: 10/17/2019 Project: 18456 By: Pat Kennedy Ship To: Bob Jones Batting Cages Canopy 1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications . 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5% per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express. 9. Installation services include all labor, equipment required to complete the job, and insurance coverage's as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman's standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. Respectfully Submitted: Date: October 17, 2019 Pat Kennedy Acceptance of Proposal: The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature: Printed Name & Title: Authorized Signature: Printed Name & Title: PO#: Date of Acceptance: WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! 4D-11 CITY OF SOUTHLAKE MEMORANDUM November 7, 2019 TO: Parks and Recreation Board FROM: Chris Tribble, Director of Community Services SUBJECT: Recommendation on Trail Matching Funds Request from Clariden Ranch Home Owner's Association for trail connection at The Cliffs Park Action Requested: Park Board recommendation on a trail matching funds project request from the Clariden Ranch HOA Background Information: The Community Services Department recently received a request for trail matching funds from Clariden Ranch Home Owner's Association in the amount $38,500 (half of total project cost) for the expansion of the eastern portion of The Cliffs Park trail system. The total cost for the proposed project is estimated to be $77,000. The proposed improvements to Cliffs Park will provide the Clariden Ranch homeowners additional walking trails as proposed in the 2030 Parks Masterplan along with trash bins and benches. The improvements will also include needed irrigation repairs and modifications. Staff has reviewed the request from the Clariden Ranch Home Owner's Association and recommends approval. A representative from Clariden Ranch Home Owner's Association may be present at the meeting to respond to any questions from the Park Board. The matching funds request will be brought to City Council December 3, 2019 for consideration. Financial Considerations: Approval of a matching funds request will assist with offsetting capital costs of the project. Funding is available for trail matching funds projects. The Park Board's consideration of the project is based on the viability of the project itself to City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4E-1 Parks and Recreation Board Meeting Date — November 11, 2019 Page 2 of 2 the overall use of the City's parks and recreation system as per the adopted Southlake 2030 Parks, Recreation & Open Space/Community Facilities Master Plan, the evaluation criteria and the benefit the project is to Southlake residents. Strategic Link: The matching funds request is linked to the City's Strategy Map related to the focus areas of Quality Development and Partnerships and Volunteerism and meets the corporate objectives to provide attractive and unique spaces for enjoyment of personal interests, collaborate with select partners to implement service solutions, and invest to provide and maintain high quality public assets. Citizen Input/ Board Review: Clariden Ranch Home Owner's Association proposes to commit funds in the amount of $38,500 towards the proposed project. Parks & Recreation Board recommendation November 11, 2019 City Council to consider December 3, 2019 Legal Review: N/A Alternatives: N/A Supporting Documents: ■ Map of Eastern portion of Cliffs Park and Irrigation ■ APEX Concrete Proposal- Approved Vendor with Current City Contract Staff Recommendation: Park Board recommendation to approve the Trail Matching Funds request from Clariden Ranch Home Owner's Association City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork ,' �t-� � #�,°�+; — — 'ifs `� _ - � +�• `.l -.ti -�-.. prj -�.-7 f t' !r �. l ' - I the Path Crde DpA Dpohp ' �kasxethelisiar�arbebreettnJtglepa+ttsmthegrand WO: 2,291.43 Feet 9ntr9euatignkofik l� Path Pdygm C & 3D path 30 pdygon Wame the &urm hetwm mdd* pmtS on to grwW . . length: Z676.20 Feet Show 6eva6art Prone P, ' — r MIM Line Path Polygon Circle 3a path 36 polygon Measure the distance between multiple points on the ground Length, 176.131Feet Show Elevation Profile d Mouse Navigation Save Gear 4 R RIGATION REPAIRS/ MODAFICATIONS Vw� . 6-- a A.:, I v MEN[ a Ain IRRIGATION SCHEDULE 5 r ME3OL DE Sr RI FTI ON TURF ROTARY (TORO, RAIN 51 RD) F Valve Gallout Valve Number # #Valve Flow #" Valve Size R # .i L - 4 ti rK - - A IV J _ J F ' J i 7+ r 1• ■ L + - TIE IN EXISTING F - ■ IRRIGATION ,L t _ z 1 _ ti y ti t ' I� r J r ' i 4 ' 1 f Park - Schematic Irrigation 10 40 80 120 feet, EXISTING FENCE LINE YTL I nc. _lam Landscaae Services 1 0' OFFSET LIN ALL INTERIOR IRRIGATION TO BE DISABLED : �- J . I S y r ,1•- I , ' 1.91h - _ ti _ L. Ile y ' Y ff'+ro L,■FIL Ell � � 1 1■ r i �r' F ~�� 1 ti r ' F J I ■ * F r +48 7 ■' ' J ' J If .1 VP q1P EL f ' V,i � 1 r IL ■ I F6 rr . � 1 1 ti ■ I + 1 d : jp' ' ' r ' � IN IH •' I ' j I r 'r Ir IP. ' r ir' ' ■ LI '• F �F ' r ■. 1 r � F * + fA Fri � �: ■ r 1 -FF, ~' td L , I SL If • • � 1 ' 1 � r NORTH %1 NEW IRRIGATION TO BE INSTALLED _�� ■ 15' FROM PROPERTY- ' e LINE IIIIIIIIIIIIIIIIIIIS-A� EXISTING SIDEWALK TO B EXTENDE XISTING IRRIGATION TO REMAIN r'F- + y T III. I LL F I ■ P+L 1 , Iy# I I P ' I+ 'F 2646 Sam School Road T ' Westlake, Texas 76262 Office: 817.421.6646 I r a� _5 o C)= C)= (D 1� �r A 00 s= c6 N H Document Date: 09/09/2019 Document Print Date: 9/16/2019 Document Phase: Schematic Design Rev. Date Remarks The use of these plans and specifications is restricted to the original site for which they were prepared. Re -use, reproduction or publication by any method in whole or in part is prohibited, unless authorized by YTL, Inc. Ownership of the design, plans, and specifications is solely with YTL, Inc. X MM/DD/2017 Description Schematic Irrigation Apex Concrete Construction Inc. PO Box 699 Grapevine TX 76099 817-454-1995 Fax 817-337-8958 Name / Address City of Southlake, Texas Ship To 3601 North White Chapel The Cliffs Park Clariden Ranch Estimate Date Estimate # 9/9/2019 585 Project Qty Item Description Rate Total 24 96 11,000 640 retaining walls concrete concrete concrete Item # 18 - 6" Thick Vertical Retaining Wall 1-2' Wall Item # 4 - 4" Thick Flatwork concrete (1 Bench Pad) Item # 4 - 4" Thick Flatwork for Sidewalk Item # 10 4" Thick Concrete Removal and Replace 22.00 5.50 5.50 8.50 528.00 528.00 60,500.00 5,440.00 Total $66,996.00 4F c,IySSE SOUTHLAKE ORIGINAL DOCUMENT CITY OF SOUTHLAKS 19 Council Action( )N Or dAes. No. March 11, 2019 Date Appxoc a I Apex Concrete Construction Inc. riso 1080 Katy Road Keller, Texas 76244 Attn: Mr. Danny Porter Subject: Notification of Contract Renewal for Concrete Services for City of Southlake RFP 1701 B200TS 170002 Dear: Mr. Porter: The City of Southlake is providing notification of contract renewal, pending City Council approval, for "Concrete Services for City of Southlake RFP 1701 200TS 170002". This renewal shall become effective April 18, 2019 pending 5 City Council approval (CC Award date 1'q l . Your company has not requested an increase in contract rates at this renewal. Therefore, all pricing, terms and con itions shall remain in effect per the original award. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line Items Awarded: All Items Secondary Vendor Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to two (2) more one (1) year annual renewals. City Contact: Tim Slifka 817-748-8312 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 or Email: accounts payable(a)ci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions Sincerely, Tim Slifka Purchasing Manager CPPO, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 tslitka,c ci.southlake.tx.us Fax: 817-748-8010 Contract Renewal Accepted: Signe : qA�— �— Mayor Laura Hill City of Southlake Date: tU kc1 S Attest: Amy Shelley, TRMC City Secretary 4E-7 Timothy Slifka <tslifka@ci.southlake.tx.us> Contract Renewal for City of Southlake Concrete Services Danny Porter <apexconstruction57@gmail.com> Mon, Jan 28, 2019 at 12:59 PM To: Timothy Slifka <tslifka@ci.southlake.tx.us> No Increase Requested. Thank you. Sent from my iPhone [Quoted text hidden] <Apex Concrete Construction Inc. - Contract Renewal, 18- Concrete Services.pdf> January 12, 2018 Apex Concrete Construction Inc. 1080 Katy Road Keller, Texas 76244 Attn: Mr. Danny Porter ORIGINAL DOCUMENT CITY OF SOUTHLAKE Council Action:ON Ord./Res. No. _---- Date Approv _ = , Subject: Notification of Contract Renewal for Concrete Services for City of Southlake RFP 1701 B200TS 170002 Dear: Mr. Porter: The City of Southlake is providing notification of contract renewal, pending City Council approval, for "Concrete Services for City of Southlake RFP 1701 B200TS 170002". This renewal shall become effective April 18, 2018 pending City Council approval (CC Award date -/110/ji)/�). Your company has not requested an increase in contract rates at this renewal. Therefore, all pricing, terms and conditions shall remain in effect per the original award. The terms and conditions proposed and accepted in this renewal agreement are as follows: Line Items Awarded: All Items Primary Vendor with arborist per department needs Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to three (3) more one (1) year annual renewals. City Contact: Tim Slifka 817-748-8312 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 or Email: accountspa aY ble@ci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions M Purchasing Manager CPPO, CPPB City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 ��- tslifkanci.southlake.tx.us Attest:` Fax: 817-748-8010 Carol Ann Borges, TRMC Contract Renew 1 Accepted: City Secretary Signed: (, Date:' vI G1 ,��% �i g v*"n �Y P roved as to Form and Le lity: Mayor Laura Hill City of Southlake City Attorney 12/29/2017 Ci.southlake.tx.us Mail - Contract Renewal for City of Southlake Concrete Services { I r ('Y SOLffHLAKE Timothy Slifka <tslifka@ci.southlake.tx.us> Contract Renewal for City of Southlake Concrete Servicesy Apex Construction <apexconstruction57@gmail.com> Fri, Dec 29, 2017 at 4:35 PM To: Timothy Slifka <tslifka@ci.southlake.tx.us> No Increase Requested. [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=1dc9780fd9&jsver=1QCYKmlj2* .Lvew=)t&msg=l60a46a94739ecc6&search=inbox&type=l6Oa3bcf45... 1/1 ORIGINAL DOCUMENT crr„ or CITY OF SOUTHLAKE SOUMLAKE ComaAeddiaN OidJPA* Na Date Aprove d zo March 9, 2017 Apex Concrete Construction Inc. Concrete Sawing 1080 Katy Road Keller, Texas 76244 Attn: Mr. Danny Porter Subject: Notification of Contract Award for Concrete Services for City of Southlake RFP170IB200TS170002 Dear Mr. Porter: The City of Southlake is pleased to inform you that Apex Concrete Construction Inc. Concrete Sawing Keller, Texas is the Secondary awarded vendor for "Concrete Services for City of Southlake RFP1701B200TS170002". The award and this agreement are based on your proposal submission, copy enclosed. This is a multiple vendor award contract Your company is the Secondary vendor for this contract. This award was approved by the City of Southlake City Council on —fit 17 The terms and conditions proposed and accepted in this agreement are as follows: Line Items Awarded All items Secondary Vendor per department needs. Payment Terms: Net 30 days (Unless otherwise noted — such as pre- and/or partial payment) Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing the awarded items exclusively during the term of the contract from the successful vendors. Method of Payment: Shall be made by City procurement card or purchase order Delivery Terms: FOB Destination Delivery Locations: Vendor Delivery or City employee pick-up. Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of initial City Council approval and is eligible for up to four (4) one (1) year annual renewals. City Contact: Tim Slifka 817-748-8312 Send all billing to: City of Southlake 1400 Main Street, Suite 440, Accounts Payable Southlake, TX 76092 or via email to accountspavablenci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state, and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. erely, Tim 1� , PPB Purchasing Manager City of Southlake 1400 Main Street, Suite 440 Southlake, Texas 76092 ka par� tslifk .ci.southlake.tr.us Attest: Fax: 817-748-8010 Lori Payne, TRMC 1}, Contract d Ac a d! City Secretary Signed: Date: 'Ov'_ App�ed�im d a,►�*alNr Mayor Laura Hill City of Southlake City Attorne Appendix B — Proposal Subm}& Checklist: (To determine validity of proposal) ?�Fogrm tuft B (pates _34 tbrougb44, must be included in the proposal submittal pendiz C Conflict oflaterest Form (pate44, west be included in the proposalsubmittal. 1295 Certificate of Interested Party must be locluded in the proposal submittal. See page 2 Paragraph L RFP Number: RFP1701B200TS170002 Project Title: Concrete Services Submittal Deadline: 3:00 P.M. (CST), Friday February 24, 2017 Submit electronically* to: www.securebidusa.com * Requires email account login and password. nf0 tion: 's Name: &Pr000ser ,U�W G Address: City, sate & ZIP X,.r_ I Irv2 Federal Employers Ldendication Number # Plane Number: Fax Nttmbtr. -- E-Mail Address: Proposer AttthotiudoD 4 the undersigned, have the authority to execute this Proposal in its eutirety as submitted and eater into a contract on behaK of the Proposer. Printed Name and Position of Authorized R v P� Signature of Authorized Representative: Signed this ja�l (day) of FIFb P11 (momh0Q)_ (ycw) i learned of this Request for Proposals by the following means: — Newspaper Advertisement XsoudxUcWcbsiw _ Mailed Me a Copy _ SecureBid ❑ City E-mail Notification ❑ Cold Call to City 11 1 Other City of Southlske RFP17018200TS170002 4E-12 Page 34 of 45 Appendix B — Proposal (cewm«d) I. REOUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY, PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION: I. Proposed Products and/or Services A. Product or Service Description: Proposes should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures, or other technical information may be used B. Additional Hardware Descriptions: Proposers should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and/or services proposed. C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Proposer with the Proposal submitted. D. Miect SchodulaDelivery Date: Proposer must provide. a project schedule noting all projected completion dates for segments of the Project, from start-up to completion, and all delivery dates for goods covered by the RFP. The Proposal must show the number of days required to deliver and install the product or equipment after the receipt of the City's Purchase Order. 2. Cost of Proposed Products and/or Services A. Pricing: Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit. B. Schedule of Pricing: Proposer shall quote unit pricing in accordance with the itemized listing of products or contract segments stated in the Scope of Services and using the following format: Item Unit of hue Per One Each # Measure Description Per Unit of Measure 4" Thick (1-500 SF) (Flatwork to perform all concrete work / I . Square Foot NO REMOVAL OR DISPOSAL $ . Q 6" Thick (1-500 SF) (Flatwork to perform all concrete work / 2. uare Foot NO REMOVAL OR DISPOSAL $ (7 8" Thick (1-500 SF) (Flatwork to perform all concrete work / 3. Square Foot NO REMOVAL OR DISPOSAL $ 4" Thick (500 and up SF) (Flatwork to perform all concrete work / 4. Square Foot NO REMOVAL OR DISPOSAL S. 6" Thick (500 and up SF) (Flatwork to perform all concrete work / -75D 5. Square Foot NO REMOVAL OR DISPOSAL S ' 8" Thick (500 and up SF) (Flatwork to perform all concrete work / 6. 1 Square Foot I NO REMOVAL OR DISPOSAL is City of Southlake - RFP1701 B200TS170002 - Page 35 of 45 4E-13 Unit of Price Per One Each Item # Measure Description Per Unit of Measure 6" Thick (1-500 SF) (Flatwork to perform all concrete work / S. Square Foot INCLUDING REMOVAL AND DISPOSAL S / 8" Thick (1-500 SF) (Flatwork to perform all concrete work / 9. Square Foot INCLUDING REMOVAL AND DISPOSAL S 4" Thick (500 and up SF) (Flatwork to perform all concrete work / 10. Square Foot INCLUDING REMOVAL AND DISPOSAL S , 6" Thick (500 and up SF) (Flatwork to perform all concrete work / 11. Square Foot INCLUDING REMOVAL AND DISPOSAL S JID,G 8" Thick (500 and up SF) (Flatwork to perform all concrete work / 12. Square Foot INCLUDING REMOVAL AND DISPOSAL S 2 s 13. 1 Square Foot Exposed Aggregate Finish S 14. Square Foot Colored Concrete S 15. Square Foot Stamped Concrete $ Installation of brick pavers and truncated domes - 16. Foot Labor Only S Z 17. Cubic Yard Wall footings S- 6" thick, Vertical Retaining Wall (to Perform all Oo 18. Linear Foot concrete work) For projects of 1-2' High Wall $ 6" thick, Vertical Retaining Wall (to Perform all 19. Linear Foot concrete work) For projects of 2-3' High Wall S 6" thick, Vertical Retaining Wall (to Perform all 20. Linear Foot concrete work) For projects of 34' High Wall $ Q Do 8" thick, Vertical Retaining Wall (to Perform all 21. Linear Foot concrete work) For projects of 1-2' High Wall S 8" thick, Vertical Retaining Wall (to Perform all 22. Linear Foot concrete work) For projects of 2-3' High Wall S oO 8" thick, Vertical Retaining Wall (to Perform all 23. Linear Foot concrete work) For projects of 34' High Wall S tw V thick, Vertical Retaining Wall (to Perform all 24. Linear Foot concrete work) For projects of 1-2' High Wall S o V thick, Vertical Retaining Wail (toPerform all 25. Linear Foot concrete work) For projects of 2-3' High Wall $ 2 . O0 i' thick, Vertical Retaining Wall (to Perform all 26. Linear Foot concrete work)For projects of 34' High Wall $ , 0 -100 linear feet of 6" curb and 18" gutter. NO 27. Linear Foot REMOVAL OR DISPOSAL $ 101 - 500 linear feet of 6" curb and I r gutter. NO E,C, 28. Linear Foot REMOVAL OR DISPOSAL S 501 - 1,000 linear feet of 6" curb and IS" gutter. NO �, a 29. Linear Foot I REMOVAL OR DISPOSAL is , City of Southlake - RFP170020M170002 - Page 36 of 45 4E-14 Unit of Price per One Each Item # measure Description Per Unit of Measure 1,501— 3,000 linear feet of 6" curb and 18" gutter. W 30. Linear Foot NO REMOVAL OR DISPOSAL S 101- 500 linear feet of 6" curb and 18" gutter. D 31. Linear Foot INCLUDING REMOVAL AND DISPOSAL S 501- 1,000 linear feet of 6" curb and 18" gutter. o0 32. Linear Foot INCLUDING REMOVAL AND DISPOSAL S 1,001-1,500 linear feet of 6" curb and 18" gutter. eu1 33. Linear Foot INCLUDING REMOVAL AND DISPOSAL S �. 1,501— 3,000 linear feet of 6" curb and 18" gutter. OD 34. Linear Foot INCLUDING REMOVAL AND DISPOSAL S 35. Cubic Yard Unclassified Excavation and Disposal ro S nv 36. Linear Foot Four Inch 4 French Drain Installation S 37. Linear Foot Six Inch 6 French Drain Installation $2. 38. Linear Foot Eight Inch French Drain Installation 6 0 S a� 39. Per Each Manhole Ring and Lid Adjustment Labor Only S oto, 40. Per Each Water Valve Adiustment Labor Only vv S Other Vendor Charges. Please Describe 41. Per Each $ Other Vendor Charges. Please Describe 42. Per Each S Other Vendor Charges. Please Describe 43. Per Each S BO TOTAL: S 3. Term of Contract and Option to Extend Any contract resulting from this RFP shall be effective for twelve months from date of award. The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract: A. Option Clause: It is agreed that City will have the option to extend the contract for up to four (4) City of Soathlaite - RFP170IB200TS170002 - Page 37 of45 4E-15 additional years, in one-year intervals. To exercise this option, the City shall serve notice 30 days prior to oonttact termination or to the end of any one-year extension. The Option to Extend will not be considered if funding is unavailable or if the contractor's past performance is not within the industry standard. B. Elation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating art increase in the contractor's cost, not profits. Vendors shall show in this quote their anticipated percent of escalation iftwhen the option to extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote. Quotes in which negative or no escalation is shown will be considered as 00/9 escalation. C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement de.)Weted to the City. The maximum increase allowed Wider this provision shall be four percent (4%) per year. The City shall have authority, in its reasonable discretion, to determine the validity of any change in Contractor's rates. City cannot exercise the Option to Extend with any price btcreases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. FIRST ADDITIONAL YEAR (FY 2017-2018) ESCALATION ........................�% SECOND ADDITIONAL YEAR (FY 2018-2019) ESCALATION .............»........ THIRD ADDITIONAL YEAR (FY 2019-2020) ESCALATION .......................�'/e FOURTH ADDITIONAL YEAR (FY 2020-2021) ESCALATION ................... . 4. Proposer's Experience / Staff A. Project Team: Identify all members of the Proposer's team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Removal or ftlacement of Staff if an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project. C. Business Establishment: State the number of years the Proposer's business has been established and operating. If Proposer's business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided; State the number of years' experience the business has:; and the number of employees: D. Project Related Experience: All Proposals must include detailed information that details the Proposer's experience and expertise in providing the requested services that demonstrates the Proposer's ability to logically plan and complete the requested project_ City of Southlake - R)r P1701B200TS170002 - Page 38 of 45 4E-16 S. References Proposer shill provide four (4) references where Proposer has performed similar to or the same types of services as described herein. Reference #1- Client / Company Name: n - F l' tL_l11 Contact Name: Contact Title: E /IE' tJ Phone: 1-1 _ Z? Email: Date and Scope of Work Provided: eaoq eere - 5T^-,Gvx e - 14c k- nurcrmaffz- Client / Company Name:- t Contact Name: _ Contact Title: Phone: Date and Scope of Work Provided: Reference #3: Email: Client / Company Name: Contact Name: Contact Title:kell F L �L .{ :J Phone: , Email: + Date and Scope of Work Provided: Reference #4: l Client / Company Name: t t Contact Name: Contact Title: Phone: -� rI _ Email* , `r Date and Scope of Work Provided:Leolacee-r. ?Vlwl-5- IP7�C I _j , ev,pt �eae4a et n4 1r -:;CkCC15 pier City of Southlake - RFP1701B200TS170002 4E-17 Page 39 of 45 6. Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This proposal _ (does) _ (does not) contain trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure. 7. Federal, State and/or Local Identification Information /� A. Centralized Master Bidders List registration number: 4 B. Prime contractor HUB / MWBE registration number. C. An individual Proposer acting as a sole proprietor must also enter the Proposees Social Security Number: # - - f ! 14 & Emergency Business Services Contact Notice /`f r` During a natural disaster, or homeland security event, there may be a need for the City of Southlake to access your business for products or services after normal business hours and/or holidays. The City may request City employee pick up or vendor delivery of product or services. For this purpose, a primary and secondary emergency contact name and phone number are required. It is critical the vendor's emergency contact information remains current. City shall be contacted by E- mail with any change to a contact name or phone number of these emergency contacts. Updates may be emailed to vendorsiii ci.southlake.m.us. All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after-hours emergency opening of the business, if any. In general, orders will be placed using a City of Southlake procurement card (Master Card) or City issued Purchase Order. The billing is to include the emergency opening fee, if applicable. The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hours emergency opening of the business listed below. Business Name: Contract #: 1-6n f�) *,) I-)o 2-- Description: Primary Con 1 Primary Contact Phone Numbers: Home: - I q S-- Cell: Secondary Contact (Name): RD 1!13 5-1 A•jj^4A Secondary Contact Phone Numbers: Home: 4. COIL !V-E.Z— qjl -Cf te After Hours emergency opening fee, if applicable: $ Alk City of Southlake - RFP1701B200TS170002 - Page 40 of 45 4E-18 9. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFB from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFB specifications. Prior to other governmental entities placing orders, the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. A Yes, Others can purchase [ J No, Only the City can purchase II. CONTRACT TERMS AND CONDITIONS EXCEPT NHBRE PROPOSER MAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM TMS RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMIT77NG A PROPOSAL: 1. Delivery of Products and/or Services A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net 30 days upon receipt of invoice. B. Warranly of Products and Services All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal, to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be wan -anted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided. C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order. 2. Miscellaneous A. In dent Contractor. Proposer agrees that Proposer and Proposer's employees and agents have no employer -employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee. City of Southiske - RFP170IB200TS170002 - Page 41 of 45 4E-19 C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Proposer or Proposer's vendor(s), and if the City requests, a proper release of all liens or satis%ctory evidence of freedom from liens shall be delivered to the City. D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Proposer, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFP or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract E. Financial Particio iljon: Proposer certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. F. Rewired Licenses: Proposer certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind the Proposer to any resulting contract. H. Ca=liance with & MGcable Law: Proposer agrees that the contract will be subject to, and Proposer will strictly comply with, all applicable federal, state, and Iocal laws, ordinances, rules, and regulations. 3. Financial Responsibility Provisions A. jam: The Proposer, consistent with its status as an independent contractor, shall cant', and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: i. Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; I Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed OperationvWoducts Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars (S 1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars (S 1,000,000) Combined Single Limit Bodily Injury and Property Damage. B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of, connected with, or resulting from any sets or omissions of Proposer or any agent, employee, subcontractor, or supplier of Proposer in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. City of Southlake - RFP1701B200TS170002 - Page 42 of 45 4E-20 Appendix C — Form CIQ WHO: The following persons must file a Conflict of Interest Questionnaire with the City if the person has an employment or business relationship with an officer of the City that results in taxable income exceeding $2,500 during the preceding twelve — month period. or an officer or a member of the officer's family has accepted gifts with an aggregate value of more than S250 during the previous twelve — month period and the person engages in any of the following actions: 1. contracts or seeks to contract for the sale or purchase of property. goods or services with the City. including any of the following: a. written and implied contracts, utility purchases, purchase orders. credit card purchases and any purchase of goods and services by the City: b. contracts for the purchase or sale of real property, personal property including an auction of property: c. tax abatement and economic development agreements; 2. submits a bid to sell goods or services. or responds to a request for proposal for services: 3. enters into negotiations with the City for a contract; or 4. applies for a tax abatement andlor economic development incentive that will result in a contract with the City THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY: l . Mayor and City Council Members: 2. City Manager, 3. Board and Commission members and appointed members by the lttayor and City Council; 4. Directors of 4A and 4B development corporations; 5. The executive directors or managers of 4A and 4B development corporations: and b. Directors of the City of Southlake who have authority to sign contracts on behalf of the City. EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was a political contribution, a gift to a member of the officer's family from a family member, a contract or purchase of less than S2,500 or a transaction at a price and subject to terms available to the public: a payment for food. lodging, .transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency. AlUT: A person or business that contracts with the City or who seeks to contract with the City trust file a -Conflict of Interest Questionnaire- (FORMM CIQ) which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline. The form contains mandatory disclosures regarding "employment or business relationships" with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. WHEN: The person or business must file: I. the questionnaire —no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application, responds to a request for proposals or bids, correspondence, or other writing related to a potential contract or agreement with the City: and 2. an updated questionnaire — within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate. It does not matter if the submittal of a bid or proposal results in a contract. The statute requires a vendor to file a FORM CIQ at the time a proposal is submined or negotiations commence. WHERE: The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance Department. The Finance Department is required fir lax to post the Statements on the C4 s websit& ENFORCEIMENT: Failure to file a questionnaire is a Class C misdemeanor punishable by a fine not to exceed S500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business da}-s after the person received notice of a violation. VOTE: The City does not have a duty to ensure that a person files a Conflict of Interest Questionnaire. City of Southlake - RFP170IB200TS170002 Page 43 of 45 4E-21 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local governmental entity This questlonsiorr reMexs ehanpes made to the raw toy ItS. 1491. Nth 1.99- Regurar session. OFFICEUSEONLY This questionnaire is tieing fw In accordance with Chapter 176. Local Government Code oare ilea.vea by a person who has a business re oonship as defined by Section 176.001(1-a 1 with a local goverrtmental entity and the person meats requirements under Sectlort 176.006(a). By lay this questionnaf must be fled with the records administrator of the local governmental entity not later Von" 7th business day after the date the person becomes a-+: are of fads that require me statement to be filed. See Section 176.006. Local Government Code. A person commits an offense if the person knp.vingly violates Section 176.006. Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of persors who has a business relationship with local governmental entity. aA1CZQVeD.PS-r. --LAIC, . z Check this box ihyou are filing an update too previously filed questionnaire. {The law requires that you hie an updated completed questonnair9 with the appropriate filing autnordY not cater than the 71h business day after the date the originally filed Westimnaire t),xomes incomplete or inaccurate 3 Name of local g1ove(/rn ant offtcer with whom flier has employment or business relationship. Ily Namva of Officer This section item including subparts A 6 C & Dr must be completed for each officer --ith whom the filer has an employment or oth business relationship as defused by Section W. 001. 1•as. Local i ovemmerit Code Attach additional pages to this Form CIO as. necessary A Is the local governmrnt officer named in dt* sectmn receiving of likely to receive iaRable "come other than imr9stmen: income. from the filer of the qu sitwtnaife) 11,.c >�N J B is the filer of the quwstnnnaire receiving or ieety to receive taxable income outer than investment "come from or at the directson of the local government officer named in this section AND the taxable income is not received from the local Tuvermentai entiN7 aYrs No Is the hlef of this questionnaire ornpk,yad by a corporation or other tusness entity with respect to which the local government ofhr9r sowies as an officer or director rx holds inn ownership of 10 percent or more-) i85 PNo P Describe each emiso�ment or business retationship with the local gave-rnmFnt officet nanw-a Ni this section 4 3- 0 Sigrr rwe of person doing business wah the govefnmWal entity Dine Adopted 0&28t2007 CRY of Send"M - RF WID2OM170002 - Page 44 of 45 4E-22 ADDENDUM NUMBER # I To: All Proposers Date: February 21, 2017 Request for Proposal: RFP17018200TS170002 Concrete Services Proposal Due Date: 3:00 p.m., February 24, 2017 Addendum No. 1, dated February 2I. 2017, per Addendum #1, the City of Southlake is adding missing items to the Schedule of Pricing, ptwiding a revised pricing schedule and extending the submission deadline. Proposer must submit addendum # 1 with revised pricing schedule. Revised Schedule of Pricing Unit of Price Per One Each Item # Measure Description Per Unit of Measure 4" Thick 0 -500 SF) (Flatwork to perform all concrete work / �' OO I. Square Foot NO REMOVAL OR DISPOSAL $ 6" Thick (1-500 SF) (Flatwork to perform al I concrete work / %1 2. Square Foot NO REMOVAL OR DISPOSAL $ j r Thick (1-500 SF) (Flatwork to perform all concrete work / 3. Square Foot NO REMOVAL OR DISPOSAL S V 4" Thick (500 and up SF) (Flatwork to perform all concrete work / 5- 5 0 4. Square Foot NO REMOVAL OR DISPOSAL $ 6" Thick (500 and up SF) (Flatwork to perform all concrete work / p� 6 5. Square Foot NO REMOVAL OR DISPOSAL $ 8" Thick (500 and up SF) (Flatwork to perform all concrete work / s �� 6. Square Foot NO REMOVAL OR DISPOSAL Crya1 Sw&*e ' FMw4v Depa Wwo ' 74WAhn SOW We 440' Sod)*Ae Texas 76M 817.7I88312 4E-23 Unit of Price Per One Each Item g Measure Description Per Unit of Measure 4" Thick (1-500 SF) (Flatwork to perform all concrete work / 0 7. Square Foot INCLUDING REMOVAL AND DISPOSAL $ 6" Thick (1-500 SF) (Flatwork to perform all concrete work 0 Z 0 8. Square Foot INCLUDING REMOVAL AND DISPOSAL $ i 8" Thick (1-500 SF) (Flatwork to perform all concrete work / 9. Square Foot INCLUDING REMOVAL AND DISPOSAL S ' p�. 50 4" Thick (500 and up SF) (Flatwork to perform all concrete work / O 10. Square Foot INCLUDING REMOVAL AND DISPOSAL S 6" Thick (500 and up SF) (Flatwork to perform all concrete work / 1 c 00 11. Square Foot INCLUDING REMOVAL AND DISPOSAL S • 8" Thick (500 and up SF) (Fletwork to perform all concrete work / 12. Square Foot INCLUDING REMOVAL AND DISPOSAL $ 13. Square Foot Exposed Aggregate Finish $ �, 14. Square Foot Colored Concrete $ 0 t 15. Square Foot Stamped Concrete Installation of brick pavers and truncated domes - 16. Square Foot tabor Only S- 17. Cubic Yard Wall footings S 0 6" thick, Vertical Retaining Wall (to Perform all r� DO 18. Linear Foot concrete work) For projects of 1-2' High Wall $ p2 p( 6" thick, Vertical Retaining Wall (to Perform all 5Q 0 19. Linear Foot concrete work) For projects of 2-3' High Wall S • 6" thick, Vertical Retaining Wall (to Perform all 3 20. Linear Foot concrete work) For projects of 3A' High Wall S 0.00 8" thick, Vertical Retaining Wall (to Perform all ' ! `1 ' �� 21. Linear Foot concrete work) For projects of 1-2' High Wall S 8" thick. Vertical Retaining Wall (to Perform all '} O 22. Linear Foot concrete work) For projects of 2-3' High Wall S t Crry dSa~r • Finance DePWPv t • ►4W 1.6wn SrW Sure 440 • So ~e- Texas 7OW dIT.748eJ11 4E-24 Unit of Price Per One Each Item # Measure Description Per Unit of Measure 8" thick, Vertical Retaining Wall (to Perform all 23. Linear Foot concrete work) For projects of 3-4' High Wall S OQ V thick, Vertical Retaining Wall (to Perform all ? 24. 1 Linear Foot concrete work) For projects of 1-2' High Wall S 36.00 1' thick, Vertical Retaining Wall (to Perform all 3d. 25. Linear Foot concrete work) For projects of 2-3' High Wall s 1' thick, Vertical Retaining Wall (to Perform all 3 26. Linear Foot concrete work)For projects of 34' High Wall $ (� a o 0 - 100 linear feet of 6" curb and 18" gutter. NO 27. Linear Foot REMOVAL OR DISPOSAL S C(3 o 101 - 500 linear feet of 6" curb and 18" gutter. NO �, o 28. Linear Foot REMOVAL OR DISPOSAL $ 501 - 1,000 linear feet of 6" curb and i 8" gutter. 29. Linear Foot NO REMOVAL OR E%SPOSAL $ C� 5 '0c) 1,001- 1,500 linear feet of 6" curb and 18" gutter. o 30. Linear Foot NO REMOVAL OR DISPOSAL $ C� 1,501 - 3,000 linear feet of 6" curb and I r gutter. d 3.O O 31. Linear Foot NO REMOVAL OR DISPOSAL $ 0 - 100 linear feet of 6" curb and 18" gutter. �' o 32. Linear Foot INCLUDING REMOVAL AND DISPOSAL S 101 - 500 linear feet of 6" curb and 18" gutter. 33. Linear Foot INCLUDING REMOVAL AND DISPOSAL $ 501 - 1,000 linear feet of 6" curb and 19" gutter. 2 34. Linear Foot INCLUDING REMOVAL AND DISPOSAL S ✓ 1,001— 1,500 linear feet of 6" curb and 19" gutter. 3 0 35. 1 Linear Foot INCLUDING REMOVAL AND DISPOSAL S 1,501 — 3,000 linear feet of 6" curb and 18" gutter. O 36. Linear Foot INCLUDING REMOVAL AND DISPOSAL $ 37. Cubic Yard Unclassified Excavation and Disposal 38. Linear Foot Four Inch (4") French Drain Installation �. oC) 39. 1 Linear Foot Six Inch (61 French Drain Installation $ Drain $ 02 00 40. Linear Foot I Eight Inch (8") French installation Ory dSaehake • Fs �rxr Dryaxtment • 14WWn Srea Sute le0 • Sovftke. 7eVS 76W W748 I? 4E-25 Item # Unit of Measure Description Price Per One Each Per Unit of Measure 41. Per Each Manhole Ring and Lid Adjustment labor Only S 10 ()- o c) 42. Per Each Water Valve Adjustment Labor Only $ 43. Per Each Other Vendor Charges. Please Describe / S // 44. Per Each Other Vendor Charges. Please Describe / S 45. Per Each Other Vendor Charges. Please Describe / S TOTAL: $ 5 5 • - O 2. Extending Submission Due Date The deadline for submission is being revised. The revised deadline for submission is 3:OOPM Wednesday March 1, 2017. 3. There are no other changes. 'St, WAZXt c.. �;I; v,:�,r Sharen Uckson Chief Financial Officer City of 5outhlake In the submission r posal, Proposer must acknowledge receipt of this addendum. Proposer shall acknowledge this tidgr t um Wsigning and_!�!rning one copy of this notice with their proposal submission. �fO Dated: Company Name: .4 0rdsxweoe*FROM Oiepaomw• I4i?MWSmeer.Sure440• So "Ar.Texas*M 81714883f7 4E-26 • • • Parks, Recreation & Open Space / Community Facilities Master Plan 58 Noble Oaks Park Noble Oaks Park is an approximately 4.6 acre park in one of the more densely populated areas of the city, located adjacent to Old Union Elementary School. Residents have long enjoyed its simple open space and shade trees for impromptu events and youth sports practice. Improvements in the form of monument signs and a small pavilion J Mr _— _I -- 3 have been completed since the last master plan update. During the committee's review of the park it was determined that the priority for the park was primarily connectivity and introducing additional tree species to the park. r. a vy.�]xy *.. Wfi Noble Oaks Park Ordinance No. 1060, Adopted March 19, 2013 • 6A-1 • • • Parks, Recreation & Open Space / Community Facilities Master Plan 59 2. Explore the opportunity with Carroll Independent School District to have a parking agreement for joint use of the parking lot at the 10 Tier 1 CS Partnerships & Volunteerism, C5 elementary school. 3. Implement the installation of a variety of tree species at the park. 10 Tier 2 CS Quality Development, C3 4. Provide connectivity from the gazebo and pond area at the park to the north end of the park. 10 Tier 3 CS Quality Development, C3 5. Provide additional amenities at the park such as benches, bike racks and picnic area throughout the park. a 10 Tier 3 CS Quality Development, C3 CS = Community Services Department Ordinance No. 1060, Adopted March 19, 2013 • 6A-2 SOUTHLAKE 2030 ' : Open Space. • Additional Items: �1 't 'Provide additional amenities such as benches, hike racks, *_ and trash receptacles. r y 'Explorethe opportunity with Carroll Independent School k r �i ❑istrict to have a parking agreement for joint ose of the t parking lot atthe elementary school. t 'Implement the installation of a variety of tree species at the park. A r .f t 5 git ..i f LW ®� NOBLE OAKS PARK Conceptual Master Plan a2030 WWHI ;AM IN Ordinance No. 1060, Adopted SOUTHLAKE 2030 5A-3 • • Parks, Recreation & Open Space / Community Facilities Master Plan 43 Haven Park Haven Park is a narrow linear park area that mainly serves the residents of Haven Circle. Due to its limited size and physical development constraints, no additional development is recommended. CS = Community Services Department (Ordinance No. 1060, Adopted March 19, 2013 • X)UTHLAKE • •I Parks, Recreation & Open Space / Community Facilities Master Plan 44 �� o i _ w"IqW., rat Ordinance No. 1060, Adopted March 19, 2013 SOUTHLAKE • • • Parks, Recreation & Open Space / Community Facilities Master Plan so Koalaty Park Koalaty Park is a mostly open neighborhood park with a small stand of trees in the southern end. It currently contains four backstops and is heavily used by local youth sports teams. Due to its strategic location and frequency of use, the committee determined that further expansion of the parks uses is possible. Several recommendations have been made regarding this park including trail expansion, a restroom facility and lighted fields to name a few. d . KOA[r1TY PARK Koalaty Park Ordinance No. 1060, Adopted March 19, 2013 • 5C-1 • • • Parks, Recreation & Open Space / Community Facilities Master Plan 51 4. Expand the trails in the park to include a "nature trail" through the 11 -I CS Quality Development, C3 south end of the park. S. Provide a vehicle drop off area adjacent to the drive aisle at the 11 -' CS Quality Development, elementary school. Mobility, C3 CS = Community Services Department Ordinance No. 1060, Adopted March 19, 2013 • 5C-2 • •I Parks, Recreation & Open Space / Community Facilities Master Plan 52 T flNI KOALATY PARK WEConceptual Master Plan 030 (Ordinance No. 1060, Adopted March 19, 2013 SOUTHLAKE t NORTH a N .a an FEET 6C-3 Park and Recreation Board Attendance Report 2019 Place Name 1/14/19 2/11/19 3/11/19 4/8/19 5/13/19 6/24/19 7/8/19 8/8/19 9/9/19 10/14/19 11/11/19 12/9/19 individual Attendance Rate Hrs To Date ©�ooaaoos000��� t t ono©aso©s000����® Rate (includes tt Average Monthly In attendance x Not in attendance, no substitute 1 Substitute in attendance • Vacant position Meeting Canceled Meeting Canceled due to no quorum Change in Representative