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2023-10-09 Parks Board PacketCITY OF SOUTI-HLAKE MEMORANDUM October 6, 2023 TO: Parks and Recreation Board FROM: David Miller, Director of Community Services SUBJECT: Agenda Item Comments for the Parks and Recreation Board Meeting — Monday, October 9, 2023 NOTE: This meeting will be held in The Board Room located within Legends Hall at The Marq Southlake, 285 Shady Oaks. Dinner will be available at 5:30 p.m. Please advise staff if you are not able to attend this meeting (dimiller(@ci.southlake.tx.us or 817.748.8018). Thank you. REGULAR AGENDA 1. Agenda Item 1. Call To Order 2. Agenda Item 2. Consent A. Approve minutes from the Parks and Recreation Board meeting held September 11, 2023. Please make any corrections to the minutes part of the motion for consideration. 3. Agenda Item 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. Recommendation on 2024 Standards of Care Ordinance No.1279 The purpose of this item is for the Board to make a recommendation to City Council on the 2024 Standards of Care for the City's elementary -age recreation programs, including Camp Mania, offered by the Community Services Department. The State requires annual consideration of the City's Standards of Care by adoption of City City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — October 9, 2023 Page 2 of 3 Ordinance. The 2024 Standards of Care is identical to the 2023 document approved by the City Council. The proposed 2024 Standards of Care are intended to be minimum standards by which the City of Southlake and Community Services Department will operate the City's youth programs, specifically Summer Camp Mania. The Standards of Care includes staff responsibilities, enrollment requirements, staffing ratios, staff qualifications and training, facility standards, health and safety standards and mechanisms for inspecting, monitoring, and enforcing care standards. City Council will consider the First Reading of the 2024 Standards of Care Ordinance No. 1279 at the October 17, 2023, meeting. If approved, the Second Reading and Public Hearing will be held November 7, 2023. A copy of Ordinance No. 1279, adopting 2024 Standards of Care, is included with your packet. B. Recommendation on a Facilities Utilization Agreement with Dragon Youth Baseball C. Recommendation on a Facilities Utilization Agreement with the Southlake Girls Softball Association D. Recommendation on a Facilities Utilization Agreement with the Miracle League Southlake The purpose of these consider items is to allow the Board to review and make a recommendation on a Facilities Utilization Agreement (FUA) with Dragon Youth Baseball, Southlake Girls Softball Association, and Miracle League Southlake. The proposed FUAs are all two (2) year terms, effective January 1, 2024 - December 31, 2025, and contain the same provisions previously recommended by the Park Board and approved by the City Council. Each agreement includes the City Council approved "Policy for the Provision of Athletic Facilities" as an Exhibit A attachment. A copy of each proposed FUA is included in your packet for consideration. The City Council will consider the proposed FUAs at their October 17, 2023, meeting. E. Parks and Recreation Update - City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — October 9, 2023 Page 3 of 3 This is a standing item to allow staff to update the board on Parks and Recreation related topics. No packet document. 6. Adjournment As always, we appreciate your commitment and service to the City of Southlake. David Miller STAFF CONTACT INFORMATION: Telephone — (817) 748-8018 285 Shady Oaks Dr., Southlake, TX 76092 David Miller, Director of Community Services, 817-748-8018, (dlmiller(a)ci.southlake.tx.us) Milenka Lopez, Assistant to the Director, 817-748-8963 (m1opez(@ci.south1ake.tx.us City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTH LAKE PARK AND RECREATION BOARD MEETING Monday, October 9, 2023 6:00 P.M. LOCATION: The Marq Southlake Legends Hall- Board Room 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 P.M. REGULAR AGENDA: 1. Call to Order 2. Consent A. Approve minutes from the Parks & Recreation Board meeting held September 11, 2023 3. Public Forum (This is the Public's opportunity to address the Parks & Recreation Board about non -agenda items. During this proceeding, the Board will not discuss, consider, or act on any items presented. The Board respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less.) 4. Consider A. Recommendation on 2024 Standards of Care Ordinance No. 1279 B. Recommendation on a Facilities Utilization Agreement with Dragon Youth Baseball C. Recommendation on a Facilities Utilization Agreement with the Southlake Girls Softball Association D. Recommendation on a Facilities Utilization Agreement with The Miracle League of Southlake 5. Discussion A. Parks and Recreation Update 6. Adjournment City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — October 9, 2023 Page 2 of 2 A quorum of the City Council, Board, Commission or Committee may or may not be present at this meeting. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, October 6, 2023, by 6.00 p.m. pursuant to Chapter �P§J�'LY�I`e,,sexas Government Code. Am ley, T501 "' Cit cretary e If you plan to attend tFfvg ubl�c rF*tli g and have a disability that requires special needs, please advise the City Secret ad149°l Burs in advance at 817.748.8016 reasonable accommodations will be made to assist you. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Park and Recreation Board Attendance Report 2023 r r• Individual Rate H. To John John Thomas Thomas o 100% 6.5 2 William Thornton _ _ x _ _ Kevin Klaas x 50% 1 3 Frances Scharli Frances Scharli o 100 / 6.5 Magdalena Magdalena 4 Battles Battles o 100% 6.5 5 Stacy Driscoll y x Deanna Kienast o 100% 2 Chad 6 Chad Bedwell Bedwell x 80%u 5.5 Paul Venesky Paul Veneskv x 80% 5.5 Meeting Attendance Rate (includes substitutions) 85% 100% 85% 57% 100% Total Hrs Per Month 2:26 0:41 1 1 1 Average Monthly Attendance Rate 1 2023 1 0 % 1 In attendance x Not in attendance, no substitute 1 Substitute in attendance • Vacant position Meeting Canceled Meeting Canceled due to no quorum . IChange in Representative CITY OF SOUTHLAKE PARKS AND RECREATION BOARD MEETING MINUTES: SEPTEMBER 11, 2023 LOCATION: THE MARQ SOUTHLAKE Legends Hall — Boardroom 285 Shady Oaks Drive Southlake, Texas 76092 TIME: 6:03 p.m. PARKS AND RECREATION BOARD MEMBERS PRESENT: Chair Frances Scharli and Board Members Paul Venesky, Chad Bedwell, Magdalena Battles, Deanna Kienast, John Thomas, and Kevin Klaas PARKS AND RECREATION BOARD MEMBERS ABSENT: None. STAFF PRESENT: Director of Community Services Chris Tribble, Deputy Director David Miller, and Assistant to the Director Milenka Lopez, Development Engineer Sandy Endy REGULAR AGENDA 1. CALL TO ORDER Chair Frances Scharli called the regular Parks and Recreation Board meeting to order at 6:03 p.m. 2. CONSENT AGENDA 2A. APPROVE MINUTES FROM THE REGULAR PARKS AND RECREATION BOARD MEETING HELD AUGUST 1, 2023 The minutes of the August 1, 2023, regular Parks and Recreation Board meeting were approved with no changes or corrections. Consent Agenda items are considered to be routine and are enacted with one motion by the Board. APPROVED A motion was made to approve the Consent items, including the minutes of the regular Park Board meeting held August 1, 2023. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 2A-1 Minutes of the September 11, 2023 Parks Board Meeting Page 2 of 5 Motion: Battles Second: Kienast Ayes: Battles, Thomas, Kienast, Scharli Nays: None Abstain: Venesky, Bedwell, Klaas Vote: 4-0-3 Motion carried. 3. PUBLIC FORUM Chair Scharli opened Public Forum at 6:04 p.m. Christopher Sanders of 816 Rhone Island spoke about the Bob Jones Nature Center and stated there needed to be more water sources for the wildlife. Susan Steinbrecher of 816 Rhone Island spoke in relation to the Bob Jones Nature Center and stated there needed to be more water sources for the wildlife. Chair Scharli closed Public Forum at 6:10 p.m. 4. CONSIDER 4A. ELECTION OF PARKS AND RECREATION BOARD VICE CHAIR AND SECRETARY Chair Scharli presented item 4A and requested nomination for the Board Vice Chair and Secretary positions. A suggestion was made for Paul Venesky to remain Vice Chair and for Magdalena Battles to serve as Secretary. APPROVED A motion was made to elect Paul Venesky as Vice Chair and Magdalena Battles as Secretary. Motion: Bedwell Second: Thomas Ayes: Scharli, Venesky, Bedwell, Battles, Kienast, Thomas, Klaas Nays: None Abstain: None Vote: 7-0 Motion carried. 4B. RECOMMENDATION ON PROPOSED DEDICATION OF A SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT TO TRINTY RIVER AUTHORITY ON LOT 30, BLOCK 1, KIRKWOOD HOLLOW ADDITION, BEING LOCATED AT 3000 N. WHITE CHAPEL BLVD. Director of Community Services Chris Tribble presented a request for a sanitary sewer easement for a proposed 30-inch sanitary sewer pipe and a temporary construction City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 2A-2 Minutes of the September 11, 2023 Parks Board Meeting Page 3 of 5 easement within Lot 30 Block 1 of the Kirkwood Hollow Addition and was available to answer questions. Sandy Endy from the City's Public Works Department attended the meeting to answer questions. The purpose of the proposed improvements is to increase the pumping capacity of TRA's Kirkwood Lift Station to meet anticipated flow conditions in the DCPS. APPROVED A motion was made to recommend the proposed dedication of a sanitary sewer easement and a temporary construction easement to Trinity River Authority on Lot 30, Block 1, Kirkwood Hollow Addition, being located on 3000 N. White Chapel Blvd. Motion: Venesky Second: Bedwell Ayes: Scharli, Venesky, Bedwell, Battles, Kienast, Thomas, Klaas Nays: None Abstain: None Vote: 7-0 Motion carried. 5. DISCUSSION 5A. PARKS AND RECREATION UPDATE Director Tribble presented the park and recreation update and was available to answer questions. 6. ADJOURNMENT Chair Frances Scharli adjourned the meeting at 6:54 p.m. Frances Scharli, Chair Parks & Recreation Board David Miller, Director of Community Services 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 Item 2A-3 CITY OF SOUTH LAKE MEMORANDUM October 6, 2023 To: Parks and Recreation Board From: David Miller, Director of Community Services Subject: Recommendation on Ordinance No. 1279, adopting the 2024 Standards of Care for the recreation programs for elementary school age children operated by the Community Services Department Action Requested: Parks and Recreation Board recommendation of the proposed Standards of Care as presented in Ordinance No. 1279. Background Information: This item is identical to the 2023 Standards of Care adopted by the City Council last year. The City operates recreation programs for elementary school age children including Camp Mania. As such, the State requires that Standards of Care be adopted annually by ordinance for any city operating elementary -age recreation programs. The State's requirement is found in Section 42.041(b)(14) of the Texas Human Resources Code which states, "that an elementary - age recreation program operated by a municipality is not required to obtain a license from the state provided that the governing body of the municipality annually adopts standards of care for such programs by ordinance after a public hearing." The proposed 2024 Standards of Care are intended to be minimum standards by which the City of Southlake and Community Services Department will operate the City's youth programs. The Standards of Care includes staff responsibilities, enrollment requirements, staffing ratios, staff qualifications and training, facility standards, health and safety standards and mechanisms for inspecting, monitoring and enforcing care standards. Please refer to the complete Standards of Care document provided in your packet for specific provisions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-1 Parks and Recreation Board Meeting Date — October 09, 2023 Page 2 of 2 Because the programs operated by the City are recreational in nature and are not licensed by the state of Texas as day care programs, the Texas Department of Family and Protective Services has issued a certificate of exemption for the City's youth programs. A copy of Ordinance No. 1279, adopting 2024 Standards of Care for elementary -age recreation programs operated by the City is attached to the memo for your consideration. Financial Considerations: Approval of the proposed Standards of Care will require no additional funding by the City. Strategic Link: Approval of the Standards of Care is linked to the City's Strategy May related to the Focus Areas of Safety & Security and Performance Management & Service Delivery. Citizen Input/ Board Review: Parks and Recreation Board consideration October 09, 2023 City Council consideration of Ordinance No. 1279, 1st Reading October 17, 2023 City Council consideration of Ordinance No. 1279, 2nd Reading & Public Hearing November 7, 2023 Legal Review: City Attorney has reviewed the document. Alternatives: Alternatives may include: • Recommendation to approve as presented • Recommendation to approve with input as desired • Recommendation not to approve Supporting Documents: Ordinance No. 1279, Standards of Care • Copy of Tx Human Resources Code Sect. 42.041(b)(14) • Copy of Certificates of Exemption Staff Recommendation: Parks and Recreation Board recommendation of Ordinance No. 1279 for the 2024 Standards of Care. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-2 ORDINANCE NO. 1279 AN ORDINANCE ESTABLISHING STANDARDS OF CARE FOR THE RECREATION PROGRAMS FOR ELEMENTARY SCHOOL AGE CHILDREN OPERATED BY THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article IX, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section 42.041 of the Texas Human Resources Code provides that an elementary -age recreation program operated by a municipality is not required to obtain a license from the state provided that the governing body of the municipality annually adopts standards of care for such programs by ordinance after a public hearing; and WHEREAS, the City Council has conducted a public hearing and desire to adopt the standards set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The Standards of Care attached hereto as Exhibit "A" and incorporated by reference herein are hereby for recreation programs for elementary -age children. SECTION 2. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, Item 4A-3 such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2023. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2023. APPROVED AS TO FORM: CITY ATTORNEY MAYOR ATTEST: CITY SECRETARY Item 4A-4 Exhibit "A" Community Services Department Ciry OF SOUTHLAKE Standards of Care For Youth Programs Community Services Department 285 Shady Oaks Drive Southlake, TX 76092 817.748.8019 817.748.8027 (Fax) www.cityofsouthlake.com Item 4A-5 Table of Contents Standards of Care General Administration 3 Organization 3 Definitions 4 Objectives of Youth Programs 5 Inspections/Monitoring/Enforcement 5 Enrollment 6 Suspected Abuse 6 Staffing— Responsibilities and Training 7 Camp Director Qualifications 7 Camp Director Job Functions 8 Program Employees Qualifications 9 Program Employees Job Functions 9 Personnel Restriction 10 Training/Orientation 10 Service Standards 10 Appearance 10 Interaction with Parents & Participants 10 Additional Staff Responsibilities 11 Operations 11 Staff/Participant Ratio 11 Discipline 11 Programming 12 Communication 13 Transportation 13 Facility Standards 13 Safety 13 Fire 14 Health 14 Item 4A-6 2 CITY OF SOUTHLAKE YOUTH PROGRAMS STANDARDS OF CARE The following Standards of Care have been adopted by the City Council of Southlake, Texas, to comply with Chapter 42 of the Texas Human Resources Code, specifically Section 42.041(b)(14) regarding an exemption for the City of Southlake's Youth Programs, as defined herein. These Standards of Care are intended to be minimum standards by which the City of Southlake Community Services Department will operate the City's Youth Programs. The Youth Programs are recreational in nature and are not child-care facilities or day care programs, and are not licensed by the State of Texas. General Administration 1. Organization A. The governing body of the City of Southlake Youth Programs is the City of Southlake City Council. B. Implementation of the Youth Programs Standards of Care ("Standards of Care") is the responsibility of the Director of Community Services and departmental employees. C. These Standards of Care apply to all Youth Programs operated by the Department, including but not limited to: the Summer Day Camp Programs, Holiday Day Camp Programs, and Spring Break Day Camp Programs. D. Each Program Site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants may obtain a copy of the Standards of Care from the City during the program registration process. In addition, the Standards of Care can be accessed on the City's website at: www.SouthlakeParksandRec.com. F. Criminal background checks shall be conducted on prospective staff. No person who has been convicted of, who is under indictment for, or is the subject of an official criminal complaint alleging violation of, any of the crimes listed in the Texas Department of Protective and Regulatory Service's Day Care Center Minimum Standards and Guidelines Appendix II, as same may be amended, or a felony violation of the Texas Controlled Substance Act, may be present while children are in care. Item 4A-7 3 2. Definitions A. Camp Director: A Department employee who is assigned responsibility to implement and direct a Youth Program and oversee the Program Employees assigned to the corresponding Youth Program. B. Department: Community Services Department of the City of Southlake. C. Employee(s): Individuals who have been hired to work for the City of Southlake and have been assigned responsibility for managing, administering, or implementing some portions of the Youth Programs. D. Parent(s): One or both parent(s) or legal guardian(s) who have legal custody and authority to enroll the child(ren) in the Youth Programs. E. Participant: A Youth whose parent(s) or legal guardian(s) have completed all required registration procedures and determined to be eligible for the Youth Programs. F. Program Coordinator or Coordinator: A Department employee who has been assigned administrative responsibility for the Youth Programs and oversees the Camp Directors. G. Program Employee: A Department employee who is assigned to work with participants of a Youth Program at a Program Site. H. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Youth Programs. I. Program Site: The facilities and surrounding property where Youth Programs are held. J. Program Supervisor: A Department employee who oversees the Program Coordinator and operations of all Youth Programs. K. City: City of Southlake, Texas. L. City Council: City Council of the City of Southlake, Texas. M. Youth: A school aged person between the ages of 5 and 13, as of the program start date of the Youth Program. N. Youth Programs: The City of Southlake Youth Programs consisting of programs such as: the Summer Day Camp Programs, Holiday Day Camp Programs, and Item 4A-8 4 3 N Spring Break Day Camp Programs. A single camp may be referred to as a Youth Program. Objectives of Youth Programs A. To provide Youth, including those with special needs, with the opportunity of recreational activities which may include sports, games, arts and crafts, education, dance, drama, special events, field trips, tournaments, etc. B. To provide an encouraging atmosphere by emphasizing the positive development of physical skills, emotional development and growth of self- confidence. C. To provide a safe environment by promoting good health and welfare for all participants. D. To teach Youth how to spend their leisure time wisely in an effort to meet the emotional, physical and social needs of the Youth. Inspections/Monitoring/Enforcement A. The City has established these Standards of Care in order to obtain an exemption from the State regarding the Youth Programs. Once the exemption is established, the State will not monitor the Youth Programs. These Standards of Care will be reviewed annually and brought before the City Council for consideration, regarding any amendments recommended by the Program Supervisor, and approval after a public hearing regardingthe Standards of Care is held, pursuant to Texas Human Resources Code § 42.041(b)(14). B. The Program Coordinator shall prepare an inspection report and submit it to the Program Supervisor to confirm the Standards of Care are being adhered to. (1) Monthly inspection reports shall be sent to the Program Supervisor for review and maintained by the City in accordance with applicable record retention policies. (2) The Program Supervisor shall review the monthly inspection report and shall establish deadlines and criteria for compliance with the Standards of Care where failure to comply is noted. C. The Program Supervisor shall make visual inspections of the Youth Programs based on the following schedule. Item 4A-9 5 1. Youth Programs operating during the summer shall be inspected no less than twice during the Youth Program's summer schedule. 2. Youth Programs which operate during the regular Carroll Independent School District school year, for two (2) weeks or less, shall be inspected at least once during the Youth Program's schedule. D. Complaints regarding enforcement of the Standards of Care shall be directed to the Program Coordinator. The Program Coordinator shall be responsible to take the necessary steps to address the complaint and resolve the problem, if any. Complaints regarding enforcement of the Standards of Care and resolution of complaints arising under the Standards of Care shall be recorded by the Program Coordinator. All complaints regarding enforcement of the Standards of Care where a deficiency is noted will be forwarded to the Program Supervisor with the complaint and the resolution noted. 5. Enrollment Before a child may enroll in a Youth Program, the parents shall sign registration forms that contain the following information about the child: (1) Name, home address, home telephone number, parent's email address; (2) Name and address of parent(s) and contact telephone number(s) during Youth Program hours; (3) The names and telephone numbers of people to whom the child can be released; (4) A statement of the child's special problems, needs or medical conditions; (5) Emergency medical authorization; (6) A signed liability waiver. 6. Suspected Abuse Program Employees shall report suspected child abuse or neglect in accordance with the Texas Family Code. In a situation where an Employee is involved in an incident with a child that could be considered to be child abuse, the incident shall be immediately reported to the Program Supervisor. The Program Supervisor will immediately notify the Police Department and any other agency, as may be appropriate. Item 4A-10 6 Texas State law requires the Employees of the Youth Programs to report any suspected abuse or neglect of a child to the Texas Department of Family and Protective Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to one hundred eighty (180) days. Confidential reports may be made by calling 1.800.252.5400. A complete copy of the Texas Family Code regulations regarding child abuse can be found at http://www.statutes.legis.state.tx.us Staffing - Responsibilities and Training 1. Camp Director A. Qualifications. The Camp Director shall: (1) Consistently exhibit competency, good judgment, and self-control when working with Youth. (2) Interact with Youth with courtesy, respect, tolerance, and patience. (3) Successfully complete a course in first aid, CPR, and AED, in compliance with American Heart Association standards. (4) Pass a background investigation and testing for illegal substances. (5) Be mature, responsible, and able to complete duties with minimal supervision. (6) Communicate effectivelywith the public. (7) Possess a valid Texas driver's license. (8) Have previous experience in supervising Youth of varying age levels in a group setting and possess knowledge of recreational games, crafts, and activities. (9) Complete City -mandated training. (10) Be at least eighteen (18) years of age. Item 4A-11 7 B. Job Functions. The Camp Director shall endeavor to: (1) Direct and supervise Program Employees. Hiring and training shall be the responsibility of the Program Coordinator with assistance from the Camp Director. (2) Complete and submit proper records, including Youth Program schedules, Program Employee schedules, accident/incident reports, and participant attendance. (3) Schedule appropriate activities in accordance with the philosophy of the Youth Program and coordinate with the Program Coordinator to ensure appropriate reservations and transportation are secured in order to complete activities. (4) Maintain an orderly, clean and safe environment for the Youth while promoting a non-competitive program directed toward accentuating positive behaviors, physical development, and emotional growth. (5) Maintain supplies, equipment and all necessary documentation for the operation of the Youth Program. (6) Communicate with Parent(s) as necessary. (7) Conduct on -going evaluations regarding the Youth Program and implement approved recommendations, as needed. (8) Provide reports to Program Coordinator on a weekly basis regarding Youth Program activities. (9) Know and follow all City, Department, and Program Manual standards, policies, and procedures that apply to Youth Programs. (10) Ensure that participants are released only to a Parent or an adult designated by the Parent in accordance with Department procedures. All Program Sites will have a copy of the approved Department procedure to verify the identity of a person authorized to pick-up a participant. Item 4A-12 8 2. Program Employees A. Qualifications. A Program Employee must: (1) Consistently exhibit competency, good judgment, and self-control when working with Youth. (2) Interact with Youth with courtesy, respect, tolerance, and patience. (3) Successfully complete a course in first aid, CPR, and AED, in compliance with American Heart Association standards. (4) Pass a background investigation and testing for illegal substances. (5) Be mature, responsible, and able to complete duties with minimal supervision. (6) Possess a valid Texas driver's license. (7) Have previous experience in working with Youth of varying age levels in a group setting and possess knowledge of recreational games, crafts, and activities. (8) Complete City -mandated training. (9) Be at least sixteen (16) years of age. B. Essential Job Functions. A Program Employee shall endeavor to: (1) Promote a non-competitive, positive, image -enhancing environment for each participant through the direction of fun, varied, and well -organized activities. (2) Directly lead activities using a method that will provide opportunities for the involvement of all participants on an equal basis. (3) Exhibit enthusiasm for the activity to impart a feeling of excitement in the participants. (4) Follow procedures for Youth Programs drop off and pick-up and preparation of accident/incident reports. (5) Follow guidelines for safety and storage of equipment and notify Camp Director regarding supplies inventories. Item 4A-13 9 (6) Ensure safety of Youth at Program Site and on field trips. (7) Adhere to these Standards of Care for Youth Programs. 3. Personnel Restriction A person shall not be employed as an Employee in a Youth Program if: (1) The person would be permanently barred from being present at a child care operation while children are in care under the Texas Administrative Code Title 40, Part 19, Chapter 745 (Licensing). 4. Training/Orientation A. The Department is responsible to provide training and orientation to all Youth Programs employees who work with children regarding their specific job responsibilities. Program Coordinators shall provide each Camp Director with a staff program manual specific to each Youth Program. B. Employees must be familiar with these Standards of Care for Youth Programs. C. Employees shall be trained in appropriate procedures to handle emergencies. D. Employees shall be trained in City, Department, and Program Manual policies and procedures applicable to Youth Programs. E. Employees shall be required to sign an acknowledgment that they received the required training. Service Standards 1. Appearance A. Youth Programs shirts shall be worn by participants and volunteers. B. The City's dress code policy shall be adhered to at all time. Failure to comply with the dress code will result in an Employee being sent home. 2. Interaction with Parents and Participants A. Participants and Parents will be treated with respect at all times. Item 4A-14 10 B. Program Employees and Camp Directors shall keep parents continuously informed of activities and schedules. A weekly schedule shall be distributed and copies shall be kept with the daily sign in sheets. C. Staff shall note details of behavior of participants (accomplishments, discipline problems, general activities, etc.) and update Parents as much as possible. D. The Camp Director will review and document complaints and forward complaints to the Program Coordinator, and shall respond as appropriate. All complaints shall be addressed within one (1) business day, if they are not resolved on site. All complaints must be recorded, including resolution, and forwarded to Program Coordinator. 3. Additional Staff Responsibilities A. Program Employees shall monitor the sign in/out log at all times. B. Program Employees shall spend 100% of their time while on duty actively involved with Participants and/or Parents. C. Program Employees shall pick-up the area used by their group after each activity. D. Prior to beginning work each day, all staff shall report to the appointed location for any messages, instructions, or information. Operations 1. Staff/Participant Ratio A. The maximum ratio of Participants to Program Employees shall be 12:1 based on average daily attendance. In the event an employee is unable to report to the Program Site, a replacement shall be assigned. B. Each Participant shall have a Program Employee who is assigned to him/her and who shall be aware of the Participant's habits, interests, and any special needs, as identified by the Participant's parent(s) during the registration process. 2. Discipline A. Program Employees shall implement discipline and guidance in a consistent manner based on the best interests of program participants. B. There shall be no cruel, harsh or corporal punishment used as a method of discipline. Item 4A-15 C. Program Employees may use brief, supervised separation from the group if necessary. Participants shall be informed of Youth Program rules. D. As necessary, Program Employees shall initiate discipline reports to the Parent(s) of Participants. Parents shall be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the program manual may result in a Participant being suspended or removed from the Youth Programs. Parents shall be contacted to pick up their Youth immediately in the event of such suspension or removal. F. In instances where there is a danger to Participants or Employees, offending Participants shall be removed from the Program Site immediately. G. Any person(s) creating a nuisance, causing a disturbance, or creating an unsafe environment at any Program Site shall be subject to ejection from the Site and possible arrest and legal action. H. In the event any Employee believes that criminal conduct has occurred, or is reasonably likely to occur, the Employee shall immediately notify the Program Coordinator or other supervisory employee and/or contact the Police directly if time does not permit indirect reporting. 3. Programming A. Program Employees shall attempt to provide activities for each group according to the Participant's age, interests, and abilities. The activities must be appropriate to Participants' health, safety, and well-being. The activities also must be flexible and promote the Participants' emotional, social, and mental growth. B. Program Employees will attempt to provide indoor and outdoor time periods, weather permitting, that include: (1) Alternating active and passive activities; and (2) Opportunity for individual and group activities. C. Program Employees shall be attentive and considerate of the Participants' safety on field trips and during any transportation provided by the Youth Programs. Participants shall be counted before leaving the Program Site and before boarding the transportation to return to the Program Site, and at other times as deemed to be reasonably necessary to preserve the Participants' safety. Item 4A-16 12 (1) During trips, Program Employees supervising Participants must have immediate access to Participant forms and emergency contact information for each Participant; and (2) Program Employees shall have a written list of the Participants in the group and must check the attendance frequently; and (3) Program Employees shall have First Aid supplies, a guide to First Aid and emergency care available on field trips. 4. Communication The Program Site shall have a telephone to allow the Program Site to be contacted by Parks and Recreation personnel or for making emergency calls. 5. Transportation A. First Aid supplies and a First Aid and emergency care guide will be available in all Youth Program vehicles that transport Youth. B. All Program vehicles used for transporting Participants shall have available a 6-13C portable fire extinguisher in the vehicle which shall be accessible to the adult occupants. Facility Standards 1. Safety A. Program Employees shall inspect the Program Site daily to detect sanitation and safety concerns that might affect the health and safety of the Participants. Program employees will also complete a daily inspection report and submit it to the Program Coordinator, who shall maintain it in the City's files. B. The Camp Director shall inspect the buildings, grounds, and equipment on the Program Site to insure that they are clean, in good repair, and maintained so as to protect the health of the Participants. C. Program equipment and supplies shall be safe for Participants use. D. Program Employees shall have First Aid supplies available at the Program Site, during transportation, and for the duration of any off -site activity. Item 4A-17 13 E. Program Employees shall have First Aid supplies and a guide to First Aid and emergency care readily available in a designated location. 2. Fire A. In case of fire, danger of fire, explosion, or other emergency, a Program Employee's first priority is to evacuate the Participants to a designated safe area. Emergency evacuation and relocation plans shall be posted within the Program Site. B. The Program Site shall have an annual fire inspection by the local Fire Marshal, and the resulting report shall detail any safety concerns observed. The report shall be forwarded to the Supervisor who shall review and establish deadlines and criteria for compliance. C. Each Program Site must have at least one (1) operable, charged fire extinguisher approved by the Fire Marshal or designee readily available to all Program Employees. The fire extinguisher is to be inspected monthly by the Program Coordinator to verify that it is sufficiently charged and operable. All Employees will be trained in the proper use of a fire extinguisher. D. Fire drills shall be conducted monthly. 3. Health A. Illness or Injury (1) Illnesses and injuries shall be handled in a manner to protect the health of all participants and employees. Parents shall be notified in cases of illness or injury. Paramedics shall be notified in the event of an injury that cannot be remedied through basic first aid. An accident report shall be completed for all injuries and forwarded to the Camp Director. (2) An ill Youth shall not be allowed to attend or participate in Youth Programs if the Youth is suspected of having a temperature and/or accompanied by behavior changes or other signs or symptoms until a medical evaluation indicating that the Youth can return to the Youth Program. (3) Employees shall follow the recommendations of the Texas Department of Health concerning the admission or readmission of any Participant after a communicable disease. Item 4A-18 14 B. Program Employees shall administer medication only if: (1) Parent(s) complete and sign a "Consent to Administer Medication" Form that authorizes for Employees to administer medication and provide details as to time(s) and dosages) consistent with the medications label. (2) Prescription medications are in the original containers labeled with the Youth's name, a date, directions, and the prescribing physician's name. Employees shall administer the medication only as stated on the label. Employees shall not administer medication after the expiration date. (3) Non-prescription medications are labeled with the Youth's name and the date the medication was brought to the Youth Program. Non- prescription medication must be in the original container. The Employees shall administer non-prescription medications only according to label direction. (4) Medications dispensed shall be limited to routine oral ingestion, including inhalers, not requiring special knowledge or skills on the part of Program Employees. (5) Program Employees shall ensure medications are inaccessible to Participants. C. Toilet Facilities (1) The Program Site shall have adequate indoor toilets and lavatories located and equipped so Youth can use them independently and Program Employees can supervise as needed. (2) There must be one (1) flush toilet for every thirty (30) participants. Urinals may be counted in the ratio of toilets to participants, but shall not exceed fifty percent (50%) of the total number of toilets. D. Sanitation (1) The Program Site shall have adequate light, ventilation, and heat. (2) The Program Site shall have an adequate supply of drinking water meeting the standards of the Texas Department of Health for drinking water and ensure that it shall be supplied to the Participants in a safe and sanitary manner. (3) Program Employees shall ensure that garbage is removed from the Program Site daily. Item 4A-19 SUBCHAPTER C. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 219, 84th Legislature, Regular Session, for amendments affecting this section. Sec. 42.041. REQUIRED LICENSE. (a) No person may operate a child-care facility or child -placing agency without a license issued by the department. (b) This section does not apply to: (1) a state -operated facility; (2) an agency foster home or agency foster group home; (3) a facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities, including retreats or classes for religious instruction, on or near the premises, that does not advertise as a child-care facility or day-care center, and that informs parents that it is not licensed by the state; (4) a school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months; (5) a youth camp licensed by the Department of State Health Services; (6) a facility licensed, operated, certified, or registered by another state agency; (7) an educational facility that is accredited by the Texas Education Agency, the Southern Association of Colleges and Schools, or an accreditation body that is a member of the Texas Private School Accreditation Commission and that operates primarily for educational purposes for prekindergarten and Item 4A-20 above, a before -school or after -school program operated directly by an accredited educational facility, or a before -school or after -school program operated by another entity under contract with the educational facility, if the Texas Education Agency, the Southern Association of Colleges and Schools, or the other accreditation body, as applicable, has approved the curriculum content of the before -school or after -school program operated under the contract; (8) an educational facility that operates solely for educational purposes for prekindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day, and that is a member of an organization that promulgates, publishes, and requires compliance with health, safety, fire, and sanitation standards equal to standards required by state, municipal, and county codes; (9) a kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Texas Education Agency, that offers educational programs through grade six, and that does not provide custodial care during the hours before or after the customary school day; (10) a family home, whether registered or listed; (11) an educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that offers an educational program in one or more of the following: prekindergarten through at least grade three, elementary grades, or secondary grades; (12) an emergency shelter facility, other than a facility that would otherwise require a license as a child-care facility under this section, that provides shelter or care to a minor and the minor's child or children, if any, under Section 32.201, Family Code, if the facility: Item 4A-21 (A) is currently under a contract with a state or federal agency; or (B) meets the requirements listed under Section 51.005 (b) (3) ; (13) a juvenile detention facility certified under Section 51.12, Family Code, a juvenile correctional facility certified under Section 51.125, Family Code, a juvenile facility providing services solely for the Texas Juvenile Justice Department, or any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state; (14) an elementary -age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility; (15) an annual youth camp held in a municipality with a population of more than 1.5 million that operates for not more than three months and that has been operated for at least 10 years by a nonprofit organization that provides care for the homeless; (16) a food distribution program that: (A) serves an evening meal to children two years of age or older; and (B) is operated by a nonprofit food bank in a nonprofit, religious, or educational facility for not more than two hours a day on regular business days; Item 4A-22 (17) a child-care facility that operates for less than three consecutive weeks and less than 40 days in a period of 12 months; (18) a program: (A) in which a child receives direct instruction in a single skill, talent, ability, expertise, or proficiency; (B) that does not provide services or offerings that are not directly related to the single talent, ability, expertise, or proficiency; (C) that does not advertise or otherwise represent that the program is a child-care facility, day-care center, or licensed before -school or after -school program or that the program offers child-care services; (D) that informs the parent or guardian: (i) that the program is not licensed by the state; and (ii) about the physical risks a child may face while participating in the program; and (E) that conducts background checks for all program employees and volunteers who work with children in the program using information that is obtained from the Department of Public Safety; (19) an elementary -age (ages 5-13) recreation program that: (A) adopts standards of care, including standards relating to staff ratios, staff training, health, and safety; (B) provides a mechanism for monitoring and enforcing the standards and receiving complaints from parents of enrolled children; (C) does not advertise as or otherwise represent the program as a child-care facility, day-care center, or licensed before -school or after -school program or that the program offers child-care services; (D) informs parents that the program is not licensed by the state; Item 4A-23 (E) is organized as a nonprofit organization or is located on the premises of a participant's residence; (F) does not accept any remuneration other than a nominal annual membership fee; (G) does not solicit donations as compensation or payment for any good or service provided as part of the program; and (H) conducts background checks for all program employees and volunteers who work with children in the program using information that is obtained from the Department of Public Safety; (20) a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding children who are related to the caretaker, in which the caretaker: (A) had a prior relationship with the child or sibling group or other family members of the child or sibling group; (B) does not care for more than one unrelated child or sibling group; (C) does not receive compensation or solicit donations for the care of the child or sibling group; and (D) has a written agreement with the parent to care for the child or sibling group; (21) a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding children who are related to the caretaker, in which: (A) the department is the managing conservator of the child or sibling group; (B) the department placed the child or sibling group in the caretaker's home; and (C) the caretaker had a long-standing and significant relationship with the child or sibling group before the child or sibling group was placed with the caretaker; (22) a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding Item 4A-24 children who are related to the caretaker, in which the child is in the United States on a time -limited visa under the sponsorship of the caretaker or of a sponsoring organization; or (23) a facility operated by a nonprofit organization that: (A) does not otherwise operate as a child-care facility that is required to be licensed under this section; (B) provides emergency shelter and care for not more than 15 days to children 13 years of age or older but younger than 18 years of age who are victims of human trafficking alleged under Section 20A.02, Penal Code; (C) is located in a municipality with a population of at least 600,000 that is in a county on an international border; and (D) meets one of the following criteria: (i) is licensed by, or operates under an agreement with, a state or federal agency to provide shelter and care to children; or (ii) meets the eligibility requirements for a contract under Section 51.005(b)(3). (b-1) Repealed by Acts 2009, 81st Leg., R.S., Ch. 720, Sec. 19(1), eff. September 1, 2009. (c) A single license that lists addresses and the appropriate facilities may be issued to a general residential operation that operates noncontiguous facilities that are across the street from, in the same city block as, or on the same property as one another and that are demonstrably a single operation as indicated by patterns of staffing, finance, administrative supervision, and programs. (d) A facility exempt from the provisions of Subsection (a) of this section that desires to receive or participate in federal or state funding shall be required to comply with all other provisions of this chapter and with all regulations promulgated under this chapter. (e) The exemptions provided by Subsection (b) of this section do not affect the authority of local, regional, or state Item 4A-25 health department officials, the state fire marshal, or local fire prevention officials to inspect child-care facilities. (f) Notwithstanding the requirements of Subsection (b)(14), a municipality that operates an elementary -age (ages 5- 13) recreation program may, in lieu of an annual public hearing, accept public comment through the municipality's Internet website for at least 30 days before the municipality adopts standards of care by ordinance if the municipality: (1) has a population of 300,000 or more; and (2) has held at least two annual public hearings on the standards of care and adopted standards of care by ordinance after those public hearings. (g) A child-care facility that is exempt under Subsection (b)(3) from the licensing requirement of Subsection (a) may provide care for each child at the child-care facility for not more than 15 hours a week if the child-care facility: (1) provides the child care so that a person may attend an educational class provided by a nonprofit entity; and (2) is located in a county with a population of 800,000 or more that is adjacent to an international border. Acts 1979, 66th Leg., p. 2361, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2812, ch. 759, Sec. 2, 3, eff. Aug. 31, 1981; Acts 1987, 70th Leg., ch. 1052, Sec. 4.03, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1115, Sec. 2, eff. June 19, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 54, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 847, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.46, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 664, Sec. 3, 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 218, Sec. 3, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.93(a), eff. September 1, 2005. Item 4A-26 Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 25, eff. June 8, 2007. Acts 2007, 80th Leg., R.S., Ch. 1037 (H.B. 1786), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 4, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 5, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 19(1), eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 343 (H.B. 3051), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 2, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(30), eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 192 (S.B. 353), Sec. 1, eff. May 25, 2013. Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 1, eff. September 1, 2013. This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 219, 84th Legislature, Regular Session, for amendments affecting this section. Item 4A-27 TEXAS DEPARTMENT OF FAM I LY AND PROTECTIVE SERVICES COMMISSIONER John J. Specia, Jr. November 25, 2015 Camp Mania 1400 MAIN ST STE 210 SOUTHLAKE, TX 76092-7640 Operation #1610436 Camp Mania Dear Amy Bennett: Child Care Licensing has received your exemption request for Camp Mania located at 801 Shady Oaks Dr., Southlake, TX 76092. This program will operate Monday- Friday from 7:30am-6:30pm for children ages 5-12 during the summer and school holidays. You provided documentation that the standards of care had been adopted by ordinance on 11/03/2015. This program is exempt from licensure under Texas Administrative Code 745.115(3) a recreation program for elementary age (5-13 years) children with the following criteria: (A) A municipality operates the program; (B) The governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs; (C) The program provides these standards to the parents of each program participant; (D) The ordinances include child/caregiver ratios, minimum employee qualifications, minimum building, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; (E) The program informs the parents that the state does not license the program; and (F) The program does not advertise itself as a child-care operation. Should you decide to change your program, you must contact me to determine if the changes will effect your exempt status. Though this exemption requires you to annually adopt the standards of care; if your program and location does not change there is no need to resubmit an exemption request every year. We appreciate your cooperation. Please feel free to contact me if you have any questions - Child -Care Licensing 1200 E COPELAND RD STE 400, ARLINGTON, TX 760II Camp Mania November 25, 2015 Page2 Licensing (81 mfile Child -Care Licensing 1200 E COPELAND RD STE 400, ARLINGTON, TX 76011 Item 4A-29 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES COMMISSIONER H.L. Whitman, Jr. May 31,2017 Camp Mania 1400 MAIN ST STE 210 SOUTHLAKE, TX 76092-7640 Operation #1656139 Camp Mania Dear Ashley Newhart: Child Care Licensing has received your exemption request for DFPS to determine whether the following program is exempt from DFPS regulation Camp Mania located at 307 Parkwood Dr., Southlake, TX 76092. Based on the information we reviewed, your program is exempt from DFPS regulation under HRC §42.041(b) (14). 40 TAC§745.115-Governmental Entity (3)Municipal Should you decide to change your program, you must contact your licensing representative so DFPS may determine if the change(s) will affect your exemption status. Failure to do so may lead DFPS to seek injunctive action and/or civil penalties against a person who: -Knowingly fails to meet or maintain an exemption and engages in activities that require a license or registration; or -Fails to inform DFPS of a change in status that would require the program to be licensed or registered. If you have any questions regarding this notification, please contact me at the number or address provided below. Sincerely, IN4 Child -Care Licensing 1200 E COPELAND RD STE 400, ARLINGTON, TX 76011 'INYR_ CI Camp Mania May 31,2017 Page2 CONNIE PRESLEY Program Manager (817) 792-4536 Child -Care Licensing 1200 E COPELAND RD STE 400, ARLINGTON, TX 76011 Item 4A-31 CITY OF SOUTHLAKE MEMORANDUM October 6, 2023 TO: Parks and Recreation Board FROM: David Miller, Director of Community Services SUBJECT: Recommendation on a Facilities Utilization Agreement with Dragon Youth Baseball Action Requested: Park Board recommendation on a Facilities Utilization Agreement with Dragon Youth Baseball for 2024 through 2025. 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 baseball program January 1, 2024 — December 31, 2025. A copy of the proposed FUA with DYB is attached for your consideration. City Council will consider the proposed FUA at their meeting on October 17, 2023. 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 Areas of Partnerships & Volunteerism and Performance Management & Service Delivery and meets the Corporate Objective to Collaborate with select partners to implement service solutions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4B-1 Park and Recreation Board Meeting Date — October 09, 2023 Page 2 of 2 Citizen Input/ Board Review: Parks & Recreation Board consideration October 09, 2023 City Council consideration October 17, 2023 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 a Facilities Utilization Agreement with Dragon Youth Baseball for 2024-2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4B-2 DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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 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 2024 - 2025. 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, 2024 through December 31, 2025. Item 413-3 H DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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. Item 413-4 H DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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 Item 413-5 H DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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 Item 4B-6 [Hi� DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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. Item 413-7 [Hi� DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 • 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. Item 4B-8 DS EMS DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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. Item 46-9 [Hi� DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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: Item 4B-10 day of CITY OF SOUTHLAKE Mayor City of Southlake LDocuSigned by: -(V" President Dragon Youth Baseball DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guiding 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 LH� Item 4B-11 DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 2 EH� Item 4B-12 DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 3 EH� Item 4B-13 DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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(cD-ci.south lake.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(@_ci.southlake.tx.us Item 413-14 4 ED DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 • 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 athleticfieldsCa-)-ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying ■ may require up to 24 hours field closure ■ City will give a 48 hour notice ■ City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 5 LH� Item 4B-15 DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 • 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 6 Elq� Item 4B-16 DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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. Item 4B-17 7 E DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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 or the Perry Weather 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 the lightning prediction system, which sounds one solid tone 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 horn sounds intermittent tone 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 designed and equipped for use off any paved roadway with such definition to specifically LDItem 4B-18 DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 include off -road motor bikes, go-carts, and dune buggies. (4) Vehicular traffic prohibited in certain areas. Except in designated overflow parking areas, it shall be unlawful for any motor vehicle to stand, stop, and park or cross onto or into any portion of a City park other than upon a roadway or parking area so designated for such purposes. (5) Time limitations on public use of park. Except for a City sponsored event, it shall be unlawful for any person to use, enter into or be within a City park during any posted hours which the park is closed. (6) Littering. Littering is hereby prohibited in any City park. Littering shall include leaving trash or other items by persons picnicking within a City park and not placing trash and other items in appropriate trash receptacles provided in such park. (7) Firearms prohibited. It shall be unlawful for any person to carry on or about himself or to discharge a gun, pistol, rifle, or other firearm within any City park except that a person duly licensed by the state to carry a concealed handgun may carry a concealed handgun in accordance with state law. (8) Bicycles, skates, etc. It shall be unlawful for any person to ride a bicycle, scooter, skate board, in -line skates, or roller skates on any tennis court or basketball court owned or leased by the City, or in any other public areas posted by the City. (9) Hitting golf balls prohibited. Except in designated areas, it shall be unlawful for any person to hit golf balls in City parks. (10) Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at City parks. (11) Glass containers prohibited in City parks. It shall be unlawful for any person to possess a glass container in a City park. (12) Defacing public property. a. No person shall remove, destroy, mutilate, or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, building or other property located in any public park. b. No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public park. (13) Wild animals. It shall be unlawful to catch, injure, kill, strike, or attempt to strike with any object or weapon any animals within a public park, excluding fish, which may be obtained in designated fishing areas following the rules and regulations established by the state. (14) Climbing, etc., prohibited. It shall be unlawful to climb any trees or walk, stand or sit upon monuments, vases, fountains, walls, fences, railings, vehicles, or any other property not designated or customarily used for such purposes in any public park. (15) Pollution of waters. It shall be unlawful to throw, discharge to, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing 9 EDItem 4B-19 DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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. All. Citv Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) Item 4B-20 10 LD Revised Date: March 6, 2018 Approved by: City Council DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Item 4B-21 11 [ID DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 EXHIBIT "B" CONCESSION STAND AGREEMENT 1. The ASSOCIATION shall have exclusive use of the concession stand at the Bicentennial Park Baseball Fields for the duration of this Agreement. The ASSOCIATION shall have first right of refusal to operate the concession stand during Tournaments hosted by an outside organization, but not by the CITY. 2. The ASSOCIATION shall at all times during the duration of this Agreement work jointly with the CITY to maintain a clean and organized concession stand and shall be responsible for all ASSOCIATION owned fixtures, appliances, and equipment necessary for storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner commensurate with similar CITY facilities in compliance with CITY, County and State statutes and ordinances and acceptable to applicable agencies. The CITY shall be responsible for all maintenance and repairs to the permanent physical structure of the building, such as electrical wiring, plumbing, ice maker, and other structural components. 3. The ASSOCIATION and CITY shall pass an annual inspection by the Tarrant County Health Department. The ASSOCIATION and CITY are also each individually responsible for any applicable Health Department Certificates. 4. The CITY will conduct inspections of the Concession Stand and the ASSOCIATION must maintain a passing score of the areas they control at all times. 5. The ASSOCIATION shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand when in use by the ASSOCATION. Adequate trash receptacles shall be furnished by the CITY. If within the CITY's judgment, the ASSOCIATION does not comply with litter collection when in use by the ASSOCIATION, a notification letter will be issued by the CITY requesting immediate compliance. If the CITY deems applicable, further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up. 6. The CITY shall furnish the ASSOCIATION with key fobs for the concession stand, electrical room, and equipment and storage room allocated to the ASSOCIATION as deemed necessary by the Director of Community Services. 7. The CITY shall be responsible for off-season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand as dictated by the weather. 8. The ASSOCIATION shall be responsible for keeping on only the essential appliances during the season's non-use times. Only refrigerators, freezers and Item 46-22 ilq� DocuSign Envelope ID: F28FBD06-64C5-4A6B-BEF1-6895B4944DC6 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. Item 413-23 DS EMS CITY OF SOUTHLAKE MEMORANDUM October 6, 2023 TO: Park and Recreation Board FROM: David Miller, Director of Community Services SUBJECT: Recommendation on a Facilities Utilization Agreement with Southlake Girls Softball Association Action Requested: Park Board recommendation on a Facilities Utilization Agreement with Southlake Girls Softball Association for 2024 through 2025. 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 soccer program January 1, 2024 — December 31, 2025. A copy of the proposed FUA with SGSA is attached for your consideration. City Council will consider the proposed FUA at their meeting on October 17, 2023. Financial Considerations: The Association will pay field maintenance fees of $12.00 per resident per season, $24.00 per resident select player per season, $17.00 per non-resident per season, and $34.00 per non-resident select player per season to assist the City with offsetting a portion of the maintenance and operations costs. Strategic Link: This item is linked to the City's Strategy Map related to the Focus Areas of Partnerships & Volunteerism and Performance Management & Service Delivery. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4C-1 Parks and Recreation Board Meeting Date — October 09, 2023 Page 2 of 2 Citizen Input/ Board Review: Parks & Recreation Board consideration October 09, 2023 City Council consideration October 17, 2023 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 2024-2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4C-2 DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 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 2024 - 2025. 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, 2024 through December 31, 2025. Item 4C-3 DS DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 3. Softball shall consist of the following seasons: a. Spring Recreational (typically February- May) b. Fall Recreational (typically August- November) c. Spring/Summer Select (typically February- July) d. Fall Select (typically August- November) The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, pre -season games, games, clinics, camps, etc., for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. The ASSOCIATION may have up to two (2) RECREATIONALLY based All -Star Tournaments per calendar year included at no charge. The CITY will provide only normal league game readiness services for these tournaments. 5. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 6. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 7. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved in writing by the City Council following a recommendation by the Parks and Recreation Board. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter -league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. Item 4C-4 2DS DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B The concession stand at the Bob Jones Park Softball Fields shall be used in accordance with Exhibit B. SECTION 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident recreation player per season, and a non-resident field maintenance fee of $17.00 per non-resident recreation player per season, and a resident field maintenance fee of $24.00 per resident select player per season, and a non- resident field maintenance fee of $34.00 per non-resident select player per season (Spring, Select, and Fall) within two (2) weeks after the last regular season game (Spring, Select, and Fall) to cover the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing City of Southlake fields regardless of the level or division of play, including "select" players. The ASSOCIATION also agrees to pay for any additional field chalk and drying agent materials that the ASSOCIATION uses above and beyond what the CITY has allocated for the purchase of these materials to support the softball program. SECTION 5 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises, and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000- Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. Item 4C-5 2DS DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection, and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SECTION 6 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH SEASON, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE ASSOCIATION, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE ASSOCIATION SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING Item 4C-6 'AA1 DS D DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR ALLEGED TO ARISE OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 5 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS OR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 7 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits referenced herein or attached hereto are incorporated into this Agreement as if set out in their entirety said exhibits being: 1. Exhibit "A"- Policy for the Provision of Athletic Facilities 2. Exhibit "B"- Concession Stand Agreement SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All Item 4C-7 2DS DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. • Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 9 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. The failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, and such action or failure to act shall not be considered a material breach of this Agreement, but may be taken into consideration by the CITY as provided in Section 8, Paragraph 2. SECTION 10 SUCCESSORS AND ASSIGNS CITY and ASSOCIATION each binds itself and its successors, executors, administrator and assigns to the other party of this Agreement and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. Neither CITY nor ASSOCIATION shall assign or transfer its interest herein without the prior written consent of the other. SECTION 11 APPLICABLE LAW This Agreement is entered into subject to the Charter and ordinances of CITY as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. ASSOCIATION will make any and all reports required per Federal, State or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with ASSOCIATION'S income. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution. Item 4C-8 DS D DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B SECTION 12 SEVERABILITY If any of the terms, provisions, covenants, conditions or any other part of this Agreement are held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 13 REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. SECTION 14 ENTIRE AGREEMENT This Agreement and the Exhibits embody the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. SECTION 15 NON -WAIVER It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. SECTION 16 HEADINGS The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. SECTION 17 VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in the City of Southlake, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. Item 4C-9 2DS DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 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 DocuSignedby: President (/ Southlake Girls Softball Association Item 4C-10 DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guiding 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 I DS Item 4C-11 DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 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 Item 4C-12 °S �� DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 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. Item 4C-13 DS �� DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B Provide and maintain high quality parks and community facilities within budget Ensure the cost effective and efficient investment of taxpayer dollars on infrastructure Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. III. Athletic Field Allocations With the ongoing development of the park system, the City Council has made it a priority to ensure a full range of athletic opportunities are available to Southlake citizens. The City directly manages several year-round athletic programs in-house, but also partners with local, volunteer managed athletic associations to offer several other year-round athletic programs. These partnerships are authorized by the City Council through a Parks Facility Utilization Agreement (FUA). An FUA is an agreement between the City and an athletic association that desires to lease the City's athletic facilities to provide an athletic program for the recreation, use, benefit, and enjoyment of Southlake residents and the general public. The City Council determines who the City will lease its athletic facilities to, and will make final decisions on the authorization and termination of all FUA's at their discretion. The following is a guideline and list of criteria developed by the City Council to assist them in making their determination when considering the eligibility of a potential FUA partner. • The City will authorize only one FUA per sport except in the case where there is a gender specific designation with the sport. • The program must prioritize Southlake residents. • The program must make recreational level play a priority. • Clubs, academies, select programs, independent teams, etc., will not be considered. • The program must be recognized by and affiliated with a regional, state or national sanctioning body organization. • The program must provide and maintain liability insurance coverage naming the City as additionally insured. • The program must prove and maintain 501 c3 status. • The program's board must be representative of all ages and genders. • The program's board must have procedures in place for handling program concerns. • The program's board must have an adequate method for selecting coaches and evaluating coaches background checks. • By signing the FUA, the program certifies that it meets these qualifications. The City's goal is to provide outstanding athletic fields, which meet the Southlake standard, for the uses detailed below in priority order: 1. Recreational level league games, practices and league tournaments offered by the City and approved athletic associations, where the teams are primarily made up of Southlake residents (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 2. Non -organized field/court usage (i.e., open play) on a first -come, first -served basis by Southlake residents (on fields that are not locked or closed for maintenance) 2 DS Item 4C-14 DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 3. Higher level (i.e., select level) league games and practices offered by the City, approved athletic associations and the CISD, once the needs at the recreational level are met. Priority will be given to higher level teams primarily made up of Southlake residents over teams that are not (Seasonal field allocations will be prioritized based on the primary season for each sport — see below) 4. Field/court rentals by Southlake residents for exclusive personal use (no organized team use) 5. Field/court rentals by Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) 6. Tournament play (see Tournament section below) 7. Field/court rentals by non-Southlake residents for exclusive personal use (no organized team use) 8. Field/court rentals by non-Southlake businesses & non -profits for infrequent use (such as for a corporate or church event, fee based sports clinics, etc.) To ensure athletic fields are maintained to the Southlake standard, the City designates fields as either Game Fields or Practice Fields. Game Fields are designated for City managed or approved athletic association league games and tournament play. Practice Fields are designated for City managed or approved athletic association league practices and scrimmages. Seasonal field allocations will be prioritized based on the primary season (i.e., when sanctioned league games are played) for each sport. Primary seasons for each sport are as follows: Spring Baseball, City Flag Football, Lacrosse, Soccer and Softball Summer Softball Fall Baseball, City Flag Football, Football, Soccer and Softball The City reserves the right to allocate the usage of all City owned fields for City programs and for approved athletic association programs as deemed appropriate by the Director of Community Services. The City will have priority for any City event. The City does not allocate, nor rent athletic fields or athletic courts for organized team use; unless the team is officially registered in either a City managed athletic program or an approved athletic association program. In addition to the game fields the City allocates for approved athletic association league games, the City also allocates the required number of practice fields to meet the athletic association's program needs for practices each season. The athletic association may distribute the total hours of practice space allocated as they see fit to meet the needs of their program (i.e., the athletic association determines how many hours per week their participants practice, not the City). To maximize the use of each athletic facility, the total hours of practice space allocated is based on the number of teams registered per season the previous year. The allocation may be adjusted to accommodate any increase or decrease in league participation for the current season. To develop the total number of practices hours allocated, the City, in utilizing the recent field requirements of the approved athletic associations as a guide, has developed the following formula to calculate the total hours of practice space allocated to each association seasonally. The formula is consistent with the National Standards for Youth Sports as recommended by the 3 DS Item 4C-15 DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 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(cD-ci.south lake.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(@_ci.southlake.tx.us 4 DS Item 4C-16 DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B • 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 athleticfieldsCa-)-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 Item 4C-17 5 EDS DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B • 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 g EDSItem 4C-18 DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 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. Item 4C-19 7 °S 9� DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 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 or the Perry Weather 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 the lightning prediction system, which sounds one solid tone 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 horn sounds intermittent tone 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 designed and equipped for use off any paved roadway with such definition to specifically EDSItem 4C-20 DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B include off -road motor bikes, go-carts, and dune buggies. (4) Vehicular traffic prohibited in certain areas. Except in designated overflow parking areas, it shall be unlawful for any motor vehicle to stand, stop, and park or cross onto or into any portion of a City park other than upon a roadway or parking area so designated for such purposes. (5) Time limitations on public use of park. Except for a City sponsored event, it shall be unlawful for any person to use, enter into or be within a City park during any posted hours which the park is closed. (6) Littering. Littering is hereby prohibited in any City park. Littering shall include leaving trash or other items by persons picnicking within a City park and not placing trash and other items in appropriate trash receptacles provided in such park. (7) Firearms prohibited. It shall be unlawful for any person to carry on or about himself or to discharge a gun, pistol, rifle, or other firearm within any City park except that a person duly licensed by the state to carry a concealed handgun may carry a concealed handgun in accordance with state law. (8) Bicycles, skates, etc. It shall be unlawful for any person to ride a bicycle, scooter, skate board, in -line skates, or roller skates on any tennis court or basketball court owned or leased by the City, or in any other public areas posted by the City. (9) Hitting golf balls prohibited. Except in designated areas, it shall be unlawful for any person to hit golf balls in City parks. (10) Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at City parks. (11) Glass containers prohibited in City parks. It shall be unlawful for any person to possess a glass container in a City park. (12) Defacing public property. a. No person shall remove, destroy, mutilate, or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, building or other property located in any public park. b. No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public park. (13) Wild animals. It shall be unlawful to catch, injure, kill, strike, or attempt to strike with any object or weapon any animals within a public park, excluding fish, which may be obtained in designated fishing areas following the rules and regulations established by the state. (14) Climbing, etc., prohibited. It shall be unlawful to climb any trees or walk, stand or sit upon monuments, vases, fountains, walls, fences, railings, vehicles, or any other property not designated or customarily used for such purposes in any public park. (15) Pollution of waters. It shall be unlawful to throw, discharge to, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing g EDSItem 4C-21 DocuSign Envelope ID: EAEC8DAB-FOE8-4BO5-85B4-94D67275EE4B 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. All. Citv Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) Item 4C-22 10 EDS Revised Date: March 6, 2018 Approved by: City Council DocuSign Envelope ID: EAEC8DAB-FOE8-4B05-85B4-94D67275EE4B 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 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Item 4C-23 2DS CITY OF SOUTHLAKE MEMORANDUM October 6, 2023 TO: Park and Recreation Board FROM: David Miller, Director of Community Services SUBJECT: Recommendation on Facilities Utilization Agreement with The Miracle League of Southlake Action Requested: Park Board recommendation on the Facilities Utilization Agreement with The Miracle League of Southlake for 2024 through 2025. 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 The Miracle League of Southlake (MLS) is an agreement to provide athletic fields for the athletic program January 1, 2024 — December 31, 2025. A copy of the proposed FUA with MLS is attached for your consideration. City Council will consider the proposed FUA at their meeting on October 17, 2023. 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 Item 4D-1 Parks and Recreation Board Meeting Date — October 09, 2023 Page 2 of 2 Citizen Input/ Board Review: Parks & Recreation Board consideration October 09, 2023 City Council consideration October 17, 2023 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 2024-2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4D-2 DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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 Leaaue 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 2024 - 2025. 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, 2024 through December 31, 2025. Item 4D-3 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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 MLS 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. Item 4D-4 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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. Item 4D-5 DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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 Item 4D-6 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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. Item 4D-7 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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, Item 4D-8 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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. Item 4D-9 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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 L Signed by: Director of Operations Miracle League Southlake Item 4D-10 DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guiding 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 DS Item 4D-11 DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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) Item 4D-12 2 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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 Item 4D-13 3 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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(cD-ci.south lake.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(@_ci.southlake.tx.us 4 Ds Item 4D-14 DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 • 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 athleticfieldsCa-)-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 Item 4D-15 5 DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 • 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 Item 4D-16 6 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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. Item 4D-17 7 DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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 or the Perry Weather 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 the lightning prediction system, which sounds one solid tone 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 horn sounds intermittent tone 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 designed and equipped for use off any paved roadway with such definition to specifically Item 4D-18 8 DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 include off -road motor bikes, go-carts, and dune buggies. (4) Vehicular traffic prohibited in certain areas. Except in designated overflow parking areas, it shall be unlawful for any motor vehicle to stand, stop, and park or cross onto or into any portion of a City park other than upon a roadway or parking area so designated for such purposes. (5) Time limitations on public use of park. Except for a City sponsored event, it shall be unlawful for any person to use, enter into or be within a City park during any posted hours which the park is closed. (6) Littering. Littering is hereby prohibited in any City park. Littering shall include leaving trash or other items by persons picnicking within a City park and not placing trash and other items in appropriate trash receptacles provided in such park. (7) Firearms prohibited. It shall be unlawful for any person to carry on or about himself or to discharge a gun, pistol, rifle, or other firearm within any City park except that a person duly licensed by the state to carry a concealed handgun may carry a concealed handgun in accordance with state law. (8) Bicycles, skates, etc. It shall be unlawful for any person to ride a bicycle, scooter, skate board, in -line skates, or roller skates on any tennis court or basketball court owned or leased by the City, or in any other public areas posted by the City. (9) Hitting golf balls prohibited. Except in designated areas, it shall be unlawful for any person to hit golf balls in City parks. (10) Smoking prohibited except in designated areas. It shall be unlawful to smoke in bleachers, dugouts, or other congested outdoor areas at City parks. (11) Glass containers prohibited in City parks. It shall be unlawful for any person to possess a glass container in a City park. (12) Defacing public property. a. No person shall remove, destroy, mutilate, or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, building or other property located in any public park. b. No person shall cut, break, deface, injure, or remove the trees, shrubs, plants, grasses, or turf within any public park. (13) Wild animals. It shall be unlawful to catch, injure, kill, strike, or attempt to strike with any object or weapon any animals within a public park, excluding fish, which may be obtained in designated fishing areas following the rules and regulations established by the state. (14) Climbing, etc., prohibited. It shall be unlawful to climb any trees or walk, stand or sit upon monuments, vases, fountains, walls, fences, railings, vehicles, or any other property not designated or customarily used for such purposes in any public park. (15) Pollution of waters. It shall be unlawful to throw, discharge to, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing Item 4D-19 9 DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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. All. Citv Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) Item 4D-20 10 Ds Revised Date: March 6, 2018 Approved by: City Council DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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 Use of fire pits are allowed in designated areas. Fires may be prohibited entirely if a fire ban is in effect. Item 4D-21 11 DS DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 EXHIBIT "B" CONCESSION STAND AGREEMENT 1. The ASSOCIATION shall have exclusive use of the concession stand at the Bicentennial Park Baseball Fields for the duration of this Agreement. The ASSOCIATION shall have first right of refusal to operate the concession stand during Tournaments hosted by an outside organization, but not by the CITY. 2. The ASSOCIATION shall at all times during the duration of this Agreement work jointly with the CITY to maintain a clean and organized concession stand and shall be responsible for all ASSOCIATION owned fixtures, appliances, and equipment necessary for storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner commensurate with similar CITY facilities in compliance with CITY, County and State statutes and ordinances and acceptable to applicable agencies. The CITY shall be responsible for all maintenance and repairs to the permanent physical structure of the building, such as electrical wiring, plumbing, ice maker, and other structural components. 3. The ASSOCIATION and CITY shall pass an annual inspection by the Tarrant County Health Department. The ASSOCIATION and CITY are also each individually responsible for any applicable Health Department Certificates. 4. The CITY will conduct inspections of the Concession Stand and the ASSOCIATION must maintain a passing score of the areas they control at all times. 5. The ASSOCIATION shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand when in use by the ASSOCATION. Adequate trash receptacles shall be furnished by the CITY. If within the CITY's judgment, the ASSOCIATION does not comply with litter collection when in use by the ASSOCIATION, a notification letter will be issued by the CITY requesting immediate compliance. If the CITY deems applicable, further non-compliance will result in a fee of $35.00 per hour/per staff member for litter clean up. 6. The CITY shall furnish the ASSOCIATION with key fobs for the concession stand, electrical room, and equipment and storage room allocated to the ASSOCIATION as deemed necessary by the Director of Community Services. 7. The CITY shall be responsible for off-season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand as dictated by the weather. 8. The ASSOCIATION shall be responsible for keeping on only the essential appliances during the season's non-use times. Only refrigerators, freezers and Item 4D-22 DS6�� DocuSign Envelope ID: B64F8D27-2971-4745-8A07-8F2CA6BC63F2 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. Item 4D-23