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2024-11-11 Parks Board PacketCITY OF SOUTH LAKE MEMORANDUM November 08, 2024 TO: Parks and Recreation Board FROM: David Miller, Director of Community Services SUBJECT: Agenda Item Comments for the Parks & Recreation Board Meeting — Monday, November 11, 2024, at 6:00 P.M. NOTE: This meeting will be held in the Legends Hall Board Room located within The Marq Southlake, 285 Shady Oaks Dr. Dinner will be available at 5:30 p.m. Please advise staff if you are not able to attend this meeting (dlmiller _ci.southlake.tx.us or 817.748.8018). Thank you. REGULAR AGENDA 1. Agenda Item No. 1: Call to Order: 2. Agenda Item No. 2. Consent: A. Approve the minutes from the Parks and Recreation Board Meeting held on October 14, 2024 — Please make any corrections to the minutes part of the motion for consideration. 3. Agenda Item No. 3: Public Forum: A. Public Forum is the public's opportunity to address the Boards about non -agenda items. During Public Forum, board members will not discuss or take action on any item brought up at this time. 4. Agenda Item No. 4 Consider: A. Recommendation on renewal of the Southlake Tennis Center Management Agreement - Roxy Tennis, LLC has provided management of the Southlake Tennis Center since 2002. The current agreement between the City of Southlake and Roxy Tennis, LLC was approved for renewal by City Council on September 21, 2021, for management of the Southlake Tennis Center for a term set to expire on December 31, 2024. The proposed renewal is for a three (3) year term, January 1, 2025 - December 31, 2027, and would be the final renewal option within the current agreement. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2024, at 6:00 pm Page 2 of 3 Staff is asking the Park Board to consider renewing for a fourth, three-year term from January 1, 2025- December 31, 2027. There are no substantial changes or modifications to the agreement requested. The agreement is included in your packet. B. Recommendation on a Facilities Utilization Aareement with Draaon Youth Football C. Recommendation on a Facilities Utilization Agreement with Grapevine Southlake Soccer Association D. Recommendation on a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association E. Recommendation on a Facilities Utilization Agreement with Lady Dragon Lacrosse The purpose of these items is to allow the Board to review and make a recommendation on a Facilities Utilization Agreement (FUA) with Dragon Youth Football, Grapevine Southlake Soccer Association, Southlake Carroll Lacrosse Association (Boys lacrosse), and Lady Dragon Lacrosse (Girls lacrosse). The proposed FUAs are all one (1) year terms, effective January 1, 2025 - December 31, 2025, and contain the same provisions previously recommended by the Park Board and approved by the City Council. The Facility Utilization Agreement with GSSA has undergone minor revisions to better align with their organization's operations. These changes can be found in your packet. Each agreement includes the City Council -approved "Policy for the Provision of Athletic Facilities" as an attachment. A copy of each proposed FUA is included in your packet for consideration. The City Council will consider the proposed FUAs at their December 3, 2024, meeting. 5. Agenda Item No. 5. Discussion A. Parks & Recreation Update — Director Miller will provide a Parks & Recreation Department update. This is a standing item on the agenda to allow staff to update the board on Parks & Recreation -related topics and upcoming activities and events. No packet document. 6. Agenda Item 6. Adjournment: As always, we appreciate your commitment and service to the City. If you have any questions regarding the agenda or materials, please feel free to contact me at (817) 748-8018. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2024, at 6:00 pm Page 3 of 3 DJM STAFF CONTACT INFORMATION: David Miller, Director of Community Services (817) 748-8018 Fince Espinoza, Deputy Director of Community Services (817) 748-8925 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE PARK AND RECREATION BOARD MEETING Monday, November 11, 2024 6:00 P.M. LOCATION: City of Southlake The Marq Legends Hall — Board Room 285 Shady Oaks Dr. Southlake, Texas 76092 TIME: 6:00 P.M. REGULAR AGENDA: Call to Order 2. Consent A. Approve minutes from the Parks & Recreation Board meeting held on October 14, 2024 3. Public Forum (This is the Public's opportunity to address the Park and Recreation Board about non - agenda items. During this proceeding, the Park and Recreation Board will not discuss, consider, or act on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to 3 minutes.) 4. Consider A. Recommendation on renewal of the Southlake Tennis Center Management Agreement B. Recommendation on a Facilities Utilization Agreement with Dragon Youth Football. C. Recommendation on a Facilities Utilization Agreement with Grapevine Southlake Soccer Association. D. Recommendation on a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association. E. Recommendation on a Facilities Utilization Agreement with Lady Dragon Lacrosse. 5. Discussion A. Park and Recreation Board Update City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2024 Page 2 of 2 6. Adjournment 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, November 08, 2024, by &00 p.m. pursuant to Chapter 551 of the Texas Government Code. C1Ty���i,� s . O ; Amy 11 y, TRer* t �, City cre ary If you plan to attend,4his'pul�lic, me-q' ti and have a disability that requires special needs, please advise the City Secr i 4%116 {�s`in advance at 817.748.8016 reasonable accommodations will be made to assist you"'"'"". City gf'Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 2A CITY OF SOUTHLAKE PARKS AND RECREATION BOARD MEETING MINUTES: OCTOBER 14, 2024 LOCATION: THE MARQ SOUTHLAKE Legends Hall — Boardroom 285 Shady Oaks Drive Southlake, Texas 76092 TIME: 6:00 p.m. PARKS AND RECREATION BOARD MEMBERS PRESENT: Chair Magdalena Battles, Vice - Chair Paul Venesky, and Board Members Deanna Kienast, Patrick Mundlin, Joe Sansone, and Renee Thomas PARKS AND RECREATION BOARD MEMBERS ABSENT: Secretary Kevin Klaas STAFF PRESENT: Director of Community Services David Miller, Deputy Director Ryan McGrail, Athletics Supervisor Jonathan Weeks, Recreation Programs Manager Jennifer Blackstock. REGULAR AGENDA 1. CALL TO ORDER Chair Magdalena Battles called the regular Parks and Recreation Board meeting to order at 6:00 p.m. 2. CONSENT AGENDA 2A. APPROVE MINUTES FROM THE REGULAR PARKS AND RECREATION BOARD MEETING HELD SETPEMBER 09, 2024 The minutes of the September 09, 2024, 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 on September 09, 2024. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Minutes of the October 14, 2024 Parks Board Meeting Page 2 of 4 Motion: Venesky Second: Kienast Ayes: Battles, Kienast, Mundlin, Sansone, Venesky, and Thomas Nays: None Abstain: None Vote: 6-0 Motion carried. 3. PUBLIC FORUM Chair Battles opened Public Forum at 6:07 p.m. There being no one to speak, Chair Battles closed Public Forum at 6:07 p.m. 4. CONSIDER 4A. RECOMMENDATION ON 2025 STANDARDS OF CARE ORDINANCE NO. 1289 Director Miller presented item 4A to the Park Board for consideration. Programs Supervisor Jennifer Blackstock was also available to answer questions. APPROVED A motion was made to approve the 2025 Standards of Care Ordinance No. 1289. Motion: Venesky Second: Mundlin Ayes: Battles, Kienast, Mundlin, Sansone, Venesky, and Thomas Nays: None Abstain: None Vote: 6-0 Motion passed. 5. DISCUSSION 5A. TOWN HALL PLAZA PARK — DRAFT CONCEPTS Park Board Chair Magdalena Battles stated that this item would be tabled for a later date. 5B. Turf Project Update Director Miller provided an update on the Turf Project. He was available to answer questions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Minutes of the October 14, 2024 Parks Board Meeting Page 3 of 4 5C. PARK AND RECREATION BOARD UPDATE Athletics Supervisor Jonathan Weeks presented an Update on the Community Services Athletic Programs. David Miller was available to answer questions and reminded the Park Board that Home for the Holidays would be on Saturday, November 23, 2024. 7. ADJOURNMENT Chair Magdalena Battles adjourned the meeting at 6:27 p.m. Magdalena Battles, 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 Park and Recreation Board 2024 Attendance Report Park and Recreation Board Attendance Report 2024 1 John Thomas Io John Thomas X X Joe Sansone V V Individ 'a' Rate 100 % Hrs T. Date 2.31 2 Kevin Klaas X Kevin Klass X Kevin Klass V V X 57 % 7.89 3 Frances Scharli Vacant Patrick Mundlin V V V 100 % 2.31 Magdalena 4 Battles � Magdalena Battles g � Magdalena Battles g V v 0 100 % 7.89 5 Deanna Kienast Deanna Kienast Deanna Kienast V v 0 100 % 7.89 6 Chad Bedwell Chad Bedwell X Vacant 0 100 % 0.45 7 Paul Venesky X Paul Venesky X Paul Venesky 71 % 6.38 Meeting Attendance Rate (includes substitutions) 71 % 71 % NA 57 % 66 % NA NA 100 % 100 % 88 % Total Hrs Per Month 0:45 1:46 1:30 2:37 1:40 0.46 0.45 Average Monthly In attendance X Not in attendance no subsldule 1 substltate In attendance Canceled canceled in Representative Item 4A CITY OF SOUTHLAKE TO FROM SUBJECT MEMORANDUM November 08, 2024 Parks and Recreation Board David Miller, Director of Community Services Recommendation on renewal of the Southlake Tennis Center Management Agreement Action Requested: Park Board recommendation on the renewal of the Southlake Tennis Center Management Agreement. Background Information: Roxy Tennis LLC has provided management of the Southlake tennis Center since 2002. The current agreement between the City of Southlake and Roxy Tennis, LLC was approved for renewal by City Council on September 21, 2021, for management of the Southlake Tennis Center for a term set to expire on December 31, 2024. The proposed renewal is for a three (3) year term, January 1, 2025 - December 31, 2027, and would be the final renewal option within the current agreement. In 2024, the Southlake Tennis Center was recognized by The United States Tennis Association (USTA) as a Premier Facility. There are only 50 facilities in the United States that have received this recognition, and the Southlake Tennis Center is one of two in the state of Texas. The USTA Texas Section nominated the Southlake Tennis Center based on excellence in adult & junior programing, Tournaments, Leagues, and staff training. In addition, the Southlake Tennis Center has maintained a positive relationship with the USTA. Mia Gordan currently sits on the USTA National Advisory Board for adult beginner tennis, and recently spoke at the USTA meetings at the US Open and at the Texas Section Tournament Director's Workshop. This past year, the Southlake Tennis Center became certified as a USTA Safe Play Facility. Working alongside the U.S. Center for SafeSport and the United States Olympic and Paralympic Committee, Roxy Tennis developed safety policies and resources to achieve this certification. All staff, including instructors and pro shop employees City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks & Recreation Board Meeting Date — November 11, 2024 Page 2 of 3 are required by Roxy Tennis to maintain Safe Play status with USTA. City staff also conducted an annual customer satisfaction survey with Tennis Center patrons utilizing the Net Promoter Score (NPS) system to gauge customer satisfaction. The current contract requires the Southlake Tennis Center to achieve a minimum Net Promoter Score (NPS) of 65. The survey received 413 responses from September 1st through October 31, 2024, with an overall Net Promoter Score (NPS) of 76.33. A Net Promoter Score (NPS) of 70 or higher is considered world -class and indicates that the Southlake Tennis Center has a large group of promoters who are satisfied with our services and likely to recommend them to others. Based on the performance of Roxy Tennis, LLC throughout the existing agreement, staff recommends a renewal of the agreement for the management of the Southlake Tennis Center. Financial Considerations: The Contractor is responsible for all staffing, equipment, supplies, telephone, food & beverage, and retail inventory costs. The Contractor pays the city 20% of gross revenue for leagues and 25% of gross revenue for tournament play (approximately $18.000 - $21,000 annually). In no event will the annual payment to the City be less than $15,000. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management and Service Delivery and meets the Corporate Objectives to Collaborate with Select Partners to Implement Service Solutions. Citizen Input/ Board Review: Parks & Recreation Board consideration November 11, 2024 City Council consideration December 03, 2024 Legal Review: City Attorney has reviewed the agreement. Alternatives: Recommendation to renew the Southlake Tennis Center Management Agreement with Roxy Tennis, LLC with suggested changes. Supporting Documents: STC Management Agreement City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks & Recreation Board Meeting Date — November 11, 2024 Page 3 of 3 Staff Recommendation: Park Board recommendation on the renewal of the Southlake Tennis Center Management Agreement. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork DocuSign Envelope ID: OD97D957-8B78-49FA-AA5A-27039D714C3C ORIGINAL DOCUMENT CITY OF SOUTHLAKE Council Action;�pN Ord./Res, No. First Amendment to Southlake Tennis Center Management SAWnt YP yr This First Amendment to Southlake Tennis Court Management Agreement is made and entered by and between the City of Southlake, Texas, a home rule municipal corporation located in the state of Texas (the "City") and Roxy Tennis, LLC ("Contractor"). For convenience, Contractor and City may be referred to hereinafter collectively as "parties" or individually as Pam'• 99 RECITALS: WHEREAS, the City and Contractor entered into the Southlake Tennis Center Management Agreement ("Contract") on or about August 21, 2018 for Contractor to manage the Tennis Center in the City; and WHEREAS, the Contract expires on December 31, 2021 and the City and Contractor wish to extend the Contract beyond the expiration date; and WHEREAS, the City and Contractor also wish to amend the original Contract concerning the rules and policies for the operation of the Southlake Tennis Center. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Term. Section 3.1 of the Contract is hereby amended to read as follows: §3.1 Term. The term of this Agreement commences on January 1, 2022 and expires on December 31, 2024 with one (1), 3-year renewal option, unless terminated earlier under on of the provisions of Article 10 of the Agreement. Nothing in this Article shall be construed as a limitation on either party's right to terminate this Agreement in accordance with Section 10.7 hereof. Both parties shall issue its decision, in writing, to renew the Agreement, or allow the Agreement to expire a minimum of six (6) months in advance of the expiration date, to ensure a smooth transition if a change is to occur following the end of the then current term. 2. Responsibilities of Contractor: The first paragraph of Section 4.2 of the Contract is hereby amended to read as follows: §4.2 Rules and Policies. CONTRACTOR agrees to conduct business at the Tennis Center in accordance with CITY policy, including the Standard Operating Procedure (SOP) for the Southlake Tennis Center, attached as Exhibit A. Additionally, CONTRACTOR shall provide written notice to the CITY MANAGER when CONTRACTOR makes any substantial changes to its operating procedures or policies affecting the public's use of the Tennis Center, including changes to hours of operation. CONTRACTOR agrees not to utilize the Property without the CITY's prior written approval for any purpose other than for N:\Boards\Parks and Recreation Board\2021\09-13\Final\ltem 4A- STC AgreementUtem 4A- attach 1- First Amendment to Southlake Tennis Center Management.docx Page 1 DocuSign Envelope ID: OD97D957-8B78-49FA-AA5A-27039D714C3C conducting tennis programs, provided, however, that the CITY's approval shall not unreasonably be withheld. 3. Effect of First Amendment. All other terms and conditions of the Contract not amended by this Amendment are unaffected and continue in full force and effect. EXECUTED this p� day of 6CV-k4[� , 2021 to be effective the lst day of January, 2021. 1 City of Southlake, Texas 6' a/ Jo ffman, Mayor H LAI�F Attest: ��` �'� • •.�� '. (J. • f v— Amy gh'tiley, C ec'>:etary 1111111110 Roxy Tennis, LLC [Docuftn*d by: ka P66V*aAA, i a 008noRF®RD"E" . Member N:\Boards\Parks and Recreation Board\202 I \09-13\Final\Item 4A- STC Agreement\Item 4A- attach 1- First Amendment to Southlake Tennis Center Management.docx Page 2 CITY OF ORIGINAL DOCUMEW SOUTH LAKE CITY OF SOUTHLAIE Council Action: Y� Ord✓Rcs. No. SOUTHLAKE TENNIS CENTER MANAGEMENT AGREIDA@ nproved This SOUTHLAKE TENNIS CENTER MANAGEMENT AGREEMENT ("AGREEMENT") is made between the City of Southlake, Texas ("CITY"), a municipal corporation, and Roxy Tennis, LLC. ("CONTRACTOR"), an independent contractor. WHEREAS, CITY desires that CONTRACTOR manage the operation of the CITY'S SOUTHLAKE TENNIS CENTER ("Tennis Center") as specifically described below; NOW, THEREFORE, CITY AND CONTRACTOR AGREE as follows: ARTICLE 1. DEFINITIONS Unless the context clearly indicates otherwise, in this Agreement.. BEGINNING DATE means the date on which CITY gives CONTRACTOR written notice to begin management of the Tennis Center. EXPIRATION DATE means December 31, 2021, or if the Agreement is automatically renewed, the renewal expiration date as provided in Section 3.1. FISCAL YEAR means the period beginning October 1 of any year and ending September 30 of the following year. SOUTHI AKE TENNIS CENTER means the property and all improvements located on the Property the City may make available to the CONTRACTOR as provided herein. PROPERTY means the land on which the Tennis Center is located at 450 West Southlake Blvd., Southlake, Texas. CITY ADMINISTRATOR means Director of Community Services or his designee. COMPARABLE TENNIS CENTERS IN THE REGION means comparable municipal tennis centers in the North-Central Texas region including, but not limited to, the Richland Tennis Center in North Richland Hills, the Arlington Tennis Center in Arlington, the High Point Tennis Center in Plano, and Wagon Wheel Tennis Center in Coppell. ARTICLE 2. GENERAL REQUIREMENTS §2.1 Management of the Tennis Center. CITY hires CONTRACTOR to manage, supervise, and operate the Tennis Center in accordance with this Agreement. CONTRACTOR has the responsibility and authority to implement operating policies that adhere to CITY policies where applicable and shall take all actions necessary to manage and operate the Tennis Center in a manner that meets CITY standards. §2.2 Independent Contractor. CONTRACTOR is an independent contractor with respect to the CITY, and the CITY shall not have the authority or responsibility to supervise the day-to-day activities of the CONTRACTOR or CONTRACTOR's employees. Nothing in this Agreement and its performance shall create an employment or agency relationship between CITY and CONTRACTOR. Nevertheless, CONTRACTOR agrees to seek advice from CITY and cooperate with CITY in its management of the Tennis Center. and the parties both agree to cooperate with each other regarding the management of the Tennis Center. §2.3 Use of the Property. CITY grants to CONTRACTOR the use and possession of the Property during the term of this Agreement for the purposes of managing and operating the Tennis Center, subject to the rights of CITY under this Agreement. §2.4 CITY'S Right to Inspection. CITY and its representatives have the right at all reasonable times to enter upon and to examine and inspect the Tennis Center for any reason. In the event of a default. CITY has the right of access to the Tennis Center that is reasonably necessary to cause the proper maintenance of the Tennis Center ARTICLE 3. TERM §3.1 Term. The term of this Agreement commences on January 1, 2019 and expires on December 31, 2021, with one (1), 3-year renewal option, unless terminated earlier under one of the provisions of Article 10 of the Agreement. Nothing in this Article shall be construed as a limitation on either party's right to terminate this Agreement in accordance with Section 10.7 hereof. Both Parties shall issue its decision, in writing, to renew the Agreement, or allow the Agreement to expire a minimum of six (6) months in advance of the expiration date, to ensure a smooth transition if a change is to occur following the end of the then current term. ARTICLE 4. RESPONSIBILITIES OF CONTRACTOR §4.1 Operation of the Tennis Center. In the management, supervision, and operation of the Tennis Center.. CONTRACTOR shall: a) operate the Tennis Center as a municipal Tennis Center, open to the general public without discrimination on any basis prohibited by applicable law, regulation or ordinance, subject to fees, rules, and policies approved by the CITY, and within this Agreement; b) operate the Tennis Center in a professional, efficient and cost effective manner and provide top quality programs, services, and retail sales at a standard comparable to comparable Tennis Centers in the Region; c) operate the Tennis Center in accordance with the CITY's City of Southlake Values outlined in Article 18; d) adhere to best practice financial management principles, and maintain efficient and accurate accounting records in accordance with generally accepted accounting principles in the format defined by the CITY'S Chief Financial Officer. e) comply with all applicable federal, state and local laws, ordinances, rules, policies, and regulations, f) operate and maintain a clean, well -organized, efficient, customer friendly, and professional tennis pro shop, offering merchandise and customer service comparable to pro shops at comparable Tennis Centers in the Region, and maintain an annual minimum wholesale inventory of $15,000 of merchandise in stock in the pro shop. g) maintain a minimum of 79 open hours weekly as weather permits and operate the Tennis Center during designated days and hours of operation to be determined by CONTRACTOR with approval by the CITY ADMINISTRATOR. h) establish, develop and implement ongoing, year-round, successful programs and events for all ages, including, but not limited to, instruction, clinics, drills, camps, leagues and tournaments at a standard similar tc that maintained by comparable Tennis Centers in the Region; i) ensure exceptional customer service in the delivery of all aspects of tennis services provided and ensure 100% of both employee and contract staff who are employed at the time of the annual training participate in annual customer service training approved by the CITY; 31 j) maintain the Tennis Center in a condition that is comparable with comparable Tennis Centers in the Region and deemed by the CITY as safe; k) maintain all personal property, tennis equipment and tennis program supplies owned by CONTRACTOR in good working order in a condition that is comparable with comparable Tennis Centers in the Region; 1) maintain an organizational membership with the United States Tennis Association (USTA), and either the United States Professional Tennis Association (USPTA), or the Professional Tennis Registry (PTR); m) pay all operating expenses of the Tennis Center, except for those expenses which the CITY agrees herein to pay. n) prohibit sales, possession and consumption of alcohol on the Tennis Center premises during operating hours. After hours must meet requirements as outlined in 5.1(a). o) reserve three (3) tennis courts within the Tennis Center for open play at all times, except Monday — Friday from 9:00 a.m. — 1:00 p.m. and 4:30 — 7:30pm (afternoon times are non -applicable June — August) and during the USTA sanctioned tournaments expressly permitted herein, and/or during dates/times preapproved by the CITY ADMINISTRATOR or designee on a temporary or seasonal basis; p) submit all proposed tournaments that will use 15 or more courts to the CITY ADMINISTRATOR or designee for approval a minimum of 30 days in advance of the tournament date, with no more than two tournaments to be scheduled per month that use the entire facility and no one tournament can be scheduled for longer than 14 days; q) maintain the tennis courts surface (using brooms and squeegees/water brooms provided by CITY) daily in a clean and safe condition, free of debris, and leaves, in a manner comparable Tennis Centers in the Region; r) provide and maintain tennis court amenities including scoring devices; s) notify CITY when, in the opinion of CONTRACTOR, any part of the Tennis Center maintained by CITY requires maintenance. Notification should be 41 made in writing, to the CITY ADMINISTRATOR or his/her designee. If however, the parties disagree about the condition and/or required maintenance of the CITY -maintained facilities, CONTRACTOR will notify CITY in writing of the reasons behind CONTRACTOR'S request. CITY will respond to CONTRACTOR in writing within ten (10) business days of receipt of CONTRACTOR'S written request. CITY's determination regarding the need for maintenance will be final. An annual inspection by both parties will be made to determine any on -going maintenance and long-term improvements. t) CONTRACTOR shall not operate a tennis center or tennis program that competes with the Southlake Tennis Center within 20 miles of the Southlake Tennis Center without specific written permission from the CITY. §4.2 Rules and policies. CONTRACTOR agrees to conduct business at the Tennis Center in accordance with CITY policy. Additionally, the CONTRACTOR shall provide written notice to the CITY ADMINISTRATOR when CONTRACTOR makes any substantial changes to its their operating procedures or policies affecting the public's use of the Tennis Center, including changes to hours of operation. CONTRACTOR agrees not to utilize the Property without the CITY's prior written approval for any purpose other than for conducting tennis programs, provided, however, that the CITY's approval shall not unreasonably be withheld. CONTRACTOR will be permitted to close or partially close the Tennis Center on designated CITY holidays, designated Tennis Center holidays and for inclement weather (on- going rain or snow, temperatures below 40 F, for severe heat or approaching severe weather such as tornadoes). CITY reserves the right to close and/or approve the closing of the Tennis Center at times other than as provided in this Agreement. CONTRACTOR agrees not to make any permanent physical improvements without written approval from the CITY ADMINISTRATOR. All proposed projects/improvements will be considered on a project by project basis and must be consistent with the overall intended use of the Tennis Center as per the current, adopted Parks, Recreation & Open Space/Community Facilities Master Plan. Requests for CITY ADMINISTRATOR approval must be made a minimum of ninety (90) days in advance of the proposed installation date of any proposed 51 improvement. The CITY ADMINISTRATOR is the point of contact for any desired improvements or modification, and will determine the appropriate course of action for CITY approval. Nothing herein shall render CONTRACTOR ineligible for Southlake Parks Development Corporation (SPDC) funding. CONTRACTOR is required to make application for such programming and any such application will be considered in the same manner as all other applications. CITY owned property and fixtures located at the Tennis Center as of the beginning date of this Agreement will remain at the Tennis Center for the use of the CONTRACTOR in the operation of the Tennis Center. However, said property will remain CITY property and shall be returned to the CITY upon request. §4.3 Promotion of Tennis Center activities. (a) CONTRACTOR agrees to use reasonable efforts to conduct a continuous program of marketing which will include but is not limited to maintaining a website, advertising, public relations, and promotional activities to assure that the Tennis Center has an appropriate and ongoing marketing campaign comparable with Comparable Tennis Centers in the Region. All marketing shall note that the Tennis Center is a CITY facility. (b) CONTRACTOR may be required to offer Southlake residents the opportunity to register early for all Tennis Center activities if deemed necessary by the CITY ADMINISTRATOR. (c) CITY will allow CONTRACTOR to periodically submit content for the Community Services Department monthly email to their subscribed database Content must be provided to CITY by the due date set by CITY. (d) CITY will provide links to the CONTRACTOR website and press releases as content is approved by the CITY CONTRACTOR will not determine any CITY website written or visual content, nor press release content. The CITY will work with CONTRACTOR to provide reasonable coverage. CONTRACTOR shall provide CITY content for placement on the website 6 and/or for press release 30 days prior to the proposed date for posting or release, unless otherwise approved by the CITY ADMINISTRATOR. (e) CONTRACTOR agrees to work with the CITY on any sponsorship received. All sponsorships must align with CITY sponsorship policy by addressing type, duration of display, and location specifically for all Tennis Center programs, events, tournaments, as well as the Tennis Center facility. §4.4 Tennis Center personnel. (a) CONTRACTOR shall provide employees and/or contractors for the Tennis Center, including management and other necessary staff determined by CONTRACTOR to be necessary for the operation of the Tennis Center to the CITY's standards. All personnel shall be employees of CONTRACTOR or independent sub -contractors of CONTRACTOR, and not employees or independent sub -contractors of CITY. (b) CONTRACTOR shall attract and develop employees and/or contractors capable of providing top-quality, professional instruction, and sufficient and necessary to assure effective and efficient operations of the Tennis Center at a standard comparable Tennis Centers in the Region. (c) CONTRACTOR shall ensure that its employees and contractors maintain a professional appearance and demeanor at all times. (d) CONTRACTOR shall establish requirements for employees and contractors at least as stringent as those established by the CITY'S personnel policies with respect to CONTRACTOR's employees and contractors assigned to the Tennis Center, including the responsibility to conduct pre -employment and annual criminal background checks and pre- employment and for -cause drug screenings. CONTRACTOR shall not assign to the Tennis Center, even on a temporary basis, including during the interview process, any person who has not successfully passed or who fails a criminal background check. CONTRACTOR shall make available results of such screenings to CITY. CITY will provide a copy of the CITY'S personnel policies to CONTRACTOR and arrange for CITY'S 71 Director of Human Resources to meet with and review all applicable policies with CONTRACTOR upon request of CONTRACTOR. CITY will also inform CONTRACTOR regarding CITY'S current testing and screening procedures and vendors. (e) CONTRACTOR shall keep the CITY ADMINISTRATOR informed about employee and contractor turnover. and policy changes that affect staffing of the Tennis Center. (0 CONTRACTOR shall immediately notify the CITY ADMINISTRATOR of any personnel or other issues, identified in current or post -employment, that could impact the health, safety or welfare of Tennis Center patrons, or that could prove detrimental to the public image of the Tennis Center and/or the CITY. (g) CONTRACTOR shall provide at least one full-time tennis professional with current USPTA and/or PTR membership, who is certified through at least one of these professional accreditation bodies to provide lessons and coordinate events in accordance with USPTA and/or PTR standards. (h) CONTRACTOR shall require any tennis professional, other contractors and full time staff to maintain First Aid, CPR and AED certification. A minimum of one staff member or contractor with current certifications must be on site when public are on grounds. §4.5 Operations review. (a) Periodically, but not less than quarterly, CONTRACTOR shall meet with CITY ADMINISTRATOR to review the CONTRACTOR's management, promotional activities, programs. and policy recommendations concerning the Tennis Center. Each month CONTRACTOR will generate monthly financial statements as defined by the Chief Financial Officer (CFO) and meet with CFO upon request. A seasonal attendance report, a seasonal volunteer tracking report, tracking all volunteers and volunteer hours and a program/event participation report by season as defined by the CITY ADMINISTRATOR shall also be submitted. The CITY ADMINISTRATOR 3 will provide a written list of topics to be covered and documentation requested to the CONTRACTOR at least one week prior to each meeting. (b) A written report detailing the items discussed will be prepared by the parties and provided to the CITY ADMINISTRATOR and the CONTRACTOR. §4.6 Performance Measures. (a) Customer Satisfaction: The CITY's Customer Satisfaction Surveys shall be distributed by the CONTRACTOR to all program participants and to CONTRACTOR database on an annual basis. The CONTRACTOR and the CITY agree that the CONTRACTOR shall maintain a Net Promoter Score of at least 65 for all programs and services. The Net Promoter Score is an index ranging from -100 to 100 that measures the willingness of customers to recommend a company's products or services to others. The Net Promoter Score is calculated as the difference between the percentage of promoters and detractors. The CONTRACTOR shall actively promote the survey and encourage all users to complete survey. (b) Participation Levels: The CONTRACTOR must maintain successful participation levels in overall tennis instruction for both youth and adults. Successful instructional programming participation levels should at a minimum be comparable to comparable Tennis Centers in the Region and more specifically are defined as follows: The CITY and CONTRACTOR agree that participation levels in overall tennis instruction, which includes private/group lessons, drills, and the junior program, should increase by 3% per year, beginning January 1, 2013, unless contractor can demonstrate a Tennis Center capacity constraint or some other reasonable issue that prevented this growth- (c) Complaints: The CONTRACTOR must respond to all written (complaint form or email) inquiries and complaints from users within two (2) business days and produce a monthly report to the CITY ADMINISTRATOR regarding the complaints and the CONTRACTOR's responses. The CITY 91 -' agrees to also forward any inquiries and complaints it receives to the Tennis Center in writing within two (2) business days. (d) Cleanliness of Facility: The CITY will inspect the Tennis Center on a monthly basis. The CONTRACTOR must maintain an "A" rating for only the areas within their responsibility, and in their control. §4.7 Licenses, bonds and permits. CONTRACTOR shall obtain all licenses and permits required by governmental entities for activities conducted at the Tennis Center. CONTRACTOR will provide a copy of all licenses to the CITY ADMINISTRATOR. § 4.8 Information Technology. (a) CONTRACTOR will be responsible for all technical support for software and hardware utilized in the management of the Tennis Center. (b) CONTRACTOR will be responsible for obtaining the phone service necessary for the operation of the Tennis Center. (c) CONTRACTOR will be responsible for obtaining digital signage software for the Tennis Center. §4.9 CONTRACTOR'S responsibility for furnishings and equipment. CONTRACTOR shall provide all necessary equipment and furnishings for the operation of the tennis center, including, but not limited to supplies and other equipment needed for the operation of the Tennis Center comparable to other comparable Tennis Centers in the Region. Furniture provided to CONTRACTOR from CITY shall remain the property of the CITY. ARTICLE 5. CITY RIGHTS AND RESPONSIBILITIES § 5.1 CITY responsibilities. (a) CITY waives no alcohol policy for CONTRACTOR sponsored events along with private facility rentals outside of normal operating hours. CONTRACTOR agrees to secure required insurance, security, and abide by TABC rules for the events and notify CITY ADMINISTRATOR a minimum of fourteen (14) days prior to event. (g) CITY shall notify CONTRACTOR of all construction projects in Bicentennial Park that may have a material impact on the Tennis Center operations and include CONTRACTOR in discussions related to the CITY'S master plan for Bicentennial Park. (h) CITY grants CONTRACTOR the exclusive right to conduct all tennis related activities on CITY owned tennis facilities (including but not limited to instruction and tournaments), unless otherwise waived by CONTRACTOR, and the CITY will make every effort to prevent the use of all CITY owned tennis courts by other individuals for profit -making purposes. (i) The CITY agrees to allow CONTRACTOR to use the two tennis courts near the water tower located in Bicentennial Park Monday — Friday from 9:00 a.m. — 1:00 p.m. (j) The CITY will be responsible for obtaining internet and cable services necessary for the operation of the Tennis Center. § 5.2 CITY RIGHTS (a) CITY shall prominently display signage, provided by the CITY that highlights the Tennis Center as a CITY facility; provides contact information for Tennis Center user comments, questions and concerns; and advertises the CITY's ongoing customer satisfaction feedback program. (b) CITY shall conduct unscheduled inspections to assess the current conditions of the facility, grounds and equipment; and to disseminate customer satisfaction comment cards and/or collect surveys. (c) CITY may utilize the Tennis Center for CITY meetings, events and programs. CITY will provide CONTRACTOR with thirty (30) day notice of upcoming usage and will work with CONTRACTOR to avoid scheduling conflicts. (d) CITY may conduct interim surveys as needed to regularly benchmark user satisfaction on programs, services and facilities. I? I (e) CITY shall, at all times deemed appropriate by City, have the right to utilize CONTRACTOR's customer database through electronic mail messages forwarded by CONTRACTOR. CITY will provide CONTRACTOR with the content of the electronic mail message it wishes to send to CONTRACTOR's customer database no later than five days prior to the date CITY wishes the electronic mail message to be sent. CONTRACTOR agrees to forward the electronic mail message on the date requested by CITY and provide CITY with documentation outlining the number of electronic mail messages forwarded, the content of the electronic mail message and date the electronic mail message was sent. ARTICLE 6. CONSIDERATION §6.1 Revenues due to CITY. CONTRACTOR shall pay CITY a quarterly payment for revenues collected as per Article 7, Section 7.1 below. CONTRACTOR will disperse quarterly payments on or before April 151h, July 15th, October 151" and January 15th each year. The CITY acknowledges and agrees that it will not receive any revenues from charity events hosted by CONTRACTOR or conducted at the Tennis Center §6.2 Following an annual review in accordance with Article 8, either party may request a review and re -consideration of the fees and finance reports required under Article 6 and Article 7 by sending written notice of such request for renegotiation within 30 days following completion of the annual review. Any changes to the agreement regarding the fees and financial reporting resulting from such renegotiation shall be effective only if approved by both the CONTRACTOR and the CITY'S Council and agreed in writing by the parties. In the event of such a modification to the fees and financial reporting, the remaining terms of the contract shall remain unchanged, unless agreed otherwise by the parties. Such considerations would not result in the CONTRACTOR recovering an amount less than that sufficient to cover all of the CONTRACTOR'S facility related operating expenses. Notwithstanding anything to the contrary herein, CONTRACTOR does not have to charge court fees for the use of the tennis courts at the Tennis Center by (i) guests playing with employees of CONTRACTOR, (ii) touring pros, and/or (iii) participants in charity events. 13 ARTICLE 7. FINANCES §7.1 Fees and charges. (a) CITY shall receive twenty-five (25) percent of gross tournament revenue (excluding Future Stars tournaments) and twenty (20) percent of gross league revenue charged for use of the Tennis Center facility. Payment should be made to the City quarterly as per Article 6, Section 6.1 above. In no event will the annual payment to the City be less than fifteen thousand dollars ($15,000.00) ("Minimum Payment"). In the event the quarterly payments to the city do not equal or exceed the Minimum Payment, the difference between the quarterly payments made to the City and the Minimum Payment will be paid with the July 15th quarterly payment each year. (b) Court and room rental fees to be charged at the Tennis Center will be determined by the CITY. CITY and CONTRACTOR agree that fees should be sufficient to pay operating expenses, but also be competitive with fees at comparable Tennis Centers in the Region. (c) All patrons of the Tennis Center shall be charged according to a published schedule of court fees and charges. Neither CONTRACTOR nor CONTRACTOR's employees, agents or sub -contractors shall waive any court fees without CITY ADMINISTRATOR approval. (d) Prices charged for food, beverages, and merchandise shall be determined by CONTRACTOR. CONTRACTOR shall receive 100% of food, beverage and merchandise sales. §7.4 Annual operating budget. (a) CONTRACTOR shall submit any proposed budget requests to the CITY ADMINISTRATOR by April 1 of each year for review of potential impact to the CITY'S operating budget and capital improvements budget after an annual inspection and review of facility. 141 ARTICLE 8. ACCOUNTING, REPORTS, AND AUDITS §8.2 Annual financial review. Within 90 days after the close of each fiscal year of the CITY, CONTRACTOR shall submit to CITY Chief Financial Officer a financial review certified by CONTRACTOR, covering the specific financial condition and performance of the Tennis Center. The financial review must span the fiscal year then ended CITY reserves the right to require a full audit, at its expense, certified by a certified public accountant, should there be reason to believe an audit is warranted. If an audit is required and the audit report does not contain an "unqualified opinion," CITY may take such steps as it determines are necessary to obtain an unqualified opinion, and will provide a one week notice of its intent to do so. §8.3 CITY'S right to inspect and audit. CITY has the right to inspect the books, records, invoices, deposits, sales slips, canceled checks, and other financial data or transactions of CONTRACTOR's operation of the Tennis Center at reasonable times during normal business hours. CITY also has the right to select an independent accounting firm to inspect or audit the books and records of the operation of the Tennis Center. §8.4 Location of records. CONTRACTOR shall store all current fiscal year Tennis Center records at the Tennis Center. §8.5 Fiduciary relationship. CONTRACTOR has a fiduciary duty to CITY in all of CONTRACTOR'S financial obligations to CITY in accordance with this Agreement, including, but not limited to, faithfully accounting, depositing, and reporting all payments hereunder. ARTICLE 9. INDEMNITY AND INSURANCE §9.1 Indemnity By CONTRACTOR. CONTRACTOR ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND AGREES TO FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF A PERSON OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE OPERATION OF THE TENNIS CENTER, AND THE PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THE WORK AND SERVICES I � 1 DESCRIBED HEREUNDER OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE MANAGEMENT, SUPERVISION, AND OPERATION OF THE TENNIS CENTER UNDER THIS AGREEMENT, INCLUDING THE WORK, SERVICES, OPERATIONS AND LEGAL DUTIES OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, SUBCONTRACTORS, OR LICENSEES, IF ANY, REGARDLESS OF WHETHER SUCH INJURY, DEATH, OR DAMAGE IS CAUSED IN PART BY THE CITY'S NEGLIGENCE. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED AS WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW, INCLUDING THE DEFENSE OF GOVERNMENTAL IMMUNITY FROM SUIT OR LIABILITY. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. THIS INDEMNIFICATION DOES NOT, HOWEVER, COVER ANY CLAIMS ARISING OUT OF THE SOLE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE CITY OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS AND EMPLOYEES. FURTHER, THE CITY AGREES THAT CONTRACTOR SHALL HAVE NO OBLIGATION TO INDEMNIFY THE CITY OR ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES IN THE EVENT THAT CONTRACTOR NOTIFIES THE CITY ABOUT A SAFETY OR MAINTENANCE ISSUE THAT IS THE OBLIGATION OF THE CITY TO REPAIR OR MAINTAIN IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. §9.2 Insurance (a) CONTRACTOR shall obtain public liability insurance of the types and in the amounts set forth below from an underwriter licensed to do business in the State of Texas. CONTRACTOR shall furnish to CITY certificates of insurance or copies of the policies, evidencing the required insurance on or before the beginning date of this Agreement. CONTRACTOR agrees to submit new certificates or policies to CITY at least 30 days before the expiration date of the previous certificates or policies. The insurance shall be the following types in amounts not less than the indicated amounts: 16i (1) Worker's Compensation and Statutory Employer's Liability or acceptable alternative. (2) Comprehensive General (Public) Bodily injury. - Liability (or its equivalent), including $500,000 each person but not limited to the following: $1,000,000 each occurrence (i) premises/operations and (ii) independent contractors Property damage: (iii) personal injury $ 250,000 per occurrence (iv) products/completed operations or $1,000,000 combined single limit for bodily injury and property damage. (3) Property insurance for physical Coverage for minimum of damage to the property of 100% of the fair market value CONTRACTOR located at the of the property. Tennis Center. (4) Automobile liability, including Bodily injury: coverage for the following $ 500,000 each person (required only if CONTRACTOR $1,000,000 each occurrence purchases automobiles or and vehicles) Property damage. (i) owned/leased automobiles $ 250,000 per occurrence $1,000,000 combined single limit for bodily injury and property damage. CONTRACTOR shall also obtain Non -Owned Auto Coverage for vehicles unowned by CONTRACTOR but used on Tennis Center business at amounts equal to at least the minimum limits required by state law. 171 _ (b) On all insurance required in Subsections (a) and (b), CONTRACTOR shall require that the insurance provider: (1) name CITY its officers and employees as an additional insured; (2) provide a waiver of subrogation in favor of CITY; and (3) provide that the issuing insurance company provide 30 days prior written notice to CITY of any material change to or cancellation of the insurance. ARTICLE 10. TERMINATION §10.1 For default. CITY may terminate this Agreement in accordance with this article for a default by CONTRACTOR. §10.2 What constitutes a default. (1) The following events constitute a default by CONTRACTOR: (a) a breach of the fiduciary obligations of CONTRACTOR under Sections 6.1, 6.2, 7.1, and 8.5 of this Agreement; (b) filing by CONTRACTOR of a voluntary petition for protection under federal bankruptcy laws, or the failure to obtain the dismissal of an involuntary petition under federal bankruptcy laws within 30 days after filing; (c) the inability of CONTRACTOR to provide an unqualified opinion in any required annual audit report as described in Article 8; (d) a failure of CONTRACTOR to perform its duties under this Agreement; or (e) The commission by CONTRACTOR or any of CONTRACTOR's employees or contractors of a felony or crime of moral turpitude if the CITY, in its sole discretion, reasonably believes that CONTRACTOR or CONTRACTOR's employee or contractor committed the act (regardless of whether convicted) and that the act suggests that the employee constitutes a threat to the users of the Tennis Center or the public at large, or that the act could, on 181 becoming public knowledge. impair the public's confidence or trust in the CITY or CONTRACTOR or the personnel at the Tennis Center or in the operation of CITY government in general. (2) The following events constitute a default by CITY: (a) A failure on the part of the City to maintain the Tennis Center in a good and operational condition. fulfill all of its obligations regarding the physical maintenance of the Tennis Center. and make timely repairs as requested by Contractor in accordance with 5.1(c) of this Agreement. (b) A failure of CITY to perform any of its duties under this Agreement. §10.3 Correction. (1.) CONTRACTOR shall have 30 days after written notice from CITY specifying the nature of a default under Section 10.2(1)(a)(c) or (d) or Section 10.2(1)(e) because of the commission of an offense by an employee of CONTRACTOR, to correct the default (including without limitation, terminating the employment of an employee who causes a default of the agreement under Section 10.2(1)(e) by committing a felony or crime of moral turpitude) provided that this provision shall not apply unless CONTRACTOR shall immediately place such employee on leave or re -assign such employee to another location. If the default is of such a nature that it cannot reasonably be corrected within 30 days, the CITY may grant CONTRACTOR additional time as may be reasonably necessary to correct the default so long as CONTRACTOR diligently pursues the correction, and takes all reasonable measures to insure the safety of the public and fulfillment of CONTRACTOR'S other obligations hereunder. (2) CITY shall have 30 days after written notice from CONTRACTOR specifying the nature of a default under Section 10.2(2) to cure the default. If the default is of such a nature that it cannot reasonably be corrected within 30 days, the CONTRACTOR may grant CITY additional time as 19, may be reasonably necessary to correct the default so long as CITY diligently pursues the correction, and takes all reasonable measures to insure the safety of the public and fulfillment of CITY'S other obligations hereunder. §10.4 Election to terminate. (1) CITY may elect to terminate this Agreement pursuant to this article by giving written notice of default to CONTRACTOR. If the default is under Section 10.2(1)(b)or is under Section 10.2(e) because of the commission of an offense by CONTRACTOR, this agreement shall terminate immediately upon delivery of written notice from CITY to CONTRACTOR of its election to terminate the agreement. If the default is under Section 10.2(d) or is under Section 10.2(e) because of the commission of an offense by an employee of CONTRACTOR, this Agreement shall terminate upon expiration of the correction period if correction has not been made pursuant to Section 10.3, and CITY delivers to CONTRACTOR written notice of its election to terminate the Agreement via certified mail. (2) CONTRACTOR may elect to terminate this Agreement pursuant to this article by giving written notice of default to CITY. This Agreement shall terminate upon expiration of the correction period if correction has not occurred pursuant to Section 10.3 and CONTRACTOR delivers written notice to City of its election to terminate the Agreement via certified mail. §10.5 Remedy for certain defaults. If CONTRACTOR defaults under Section 10.2(1)(a), CONTRACTOR shall pay all amounts due CITY at the time of its default under the terms of this Agreement. §10.6 Lien. CITY has, at all times, a valid security interest to secure payment of all fees and other sums of money becoming due under this Agreement from CONTRACTOR and to secure payment of any damages or loss that CITY may suffer by reason of CONTRACTOR'S breaching any covenant, agreement, or condition contained in this Agreement. The security 20� interest covers all goods, wares., equipment, fixtures, furniture, and other personal property of CONTRACTOR that is now on the Property or placed on the Property at some later date, and all proceeds attributable to them. This property may not be removed from the premises without CITY'S consent until all arrearages in fees and all other sums of money then due the CITY under this Agreement have been paid and discharged, and all the covenants, agreements, and conditions of this lease have been fully complied with and performed by CONTRACTOR. If CONTRACTOR is in default, CITY may, in addition to any other remedies provided in this Agreement or by law. after giving reasonable notice of the intent to take possession and giving an opportunity for a hearing on the issue, enter on the Property and take possession of any goods, wares, equipment, fixtures, furniture, and other personal property of CONTRACTOR situated on the premises, without liability for trespass or conversion, and sell the property at public or private sale, with or without having the property at the sale, after giving CONTRACTOR reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made. CITY or its assigns may buy any items to be sold at such a sale unless they are prohibited from doing so by law. Unless otherwise provided by law, and without excluding any other manner of giving CONTRACTOR reasonable notice, the reasonable notice requirement is met if notice is given at least ten (10) days before the time of sale. The proceeds from any such disposition, less any expenses connected with taking possession, holding, and selling the property (including reasonable attorney's fees and other expenses). will be applied as a credit against the indebtedness secured by the security interest granted in this section. Any surplus will be paid to CONTRACTOR or as otherwise required by law, and CONTRACTOR will pay any deficiencies immediately. When City requests, CONTRACTOR will execute and deliver to CITY a financing statement in sufficient form to protect CITYs security interest in the property and proceeds under the provisions of the Business and Commerce Code in force in Texas. §10.7 Other termination. Regardless of the other provisions of this Agreement, either party may terminate this Agreement upon a minimum of ninety (90) days written notice to the other party. The CITY Council shall approve CITY'S termination of the Agreement pursuant to this section. ARTICLE 11. ASSIGNMENT AND DELEGATION Neither party shall assign or delegate this agreement without the prior written consent of the other party. ARTICLE 12. NOTICES All notices to the parties shall be in writing and shall be sent by certified mail, return receipt requested, to the addressees and addresses specified below: All notices to CONTRACTOR shall be sent to: Roxy Tennis, LLC. c/o Mia Poorman 220 Canyon Lake Drive Southlake, Texas 76092 All notices to CITY shall be sent to: Director of Community Services City of Southlake 1400 Main Street, Suite 210 Southlake, Texas 76092 ARTICLE 13. MISCELLANEOUS §13.1 Non -Waiver. This Agreement shall not be construed against the drafting party. §13.2 No Waiver. No waiver of any breach of any term or condition of this Agreement shall be construed to waive any subsequent breach of the same or any other term or condition of this Agreement. ARTICLE 14. SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable as applied in a particular case for any reason, those circumstances shall not have the effect of rendering the provision invalid or unenforceable in any other case. The invalidity of one or more phrases, 221 sentences, clauses, or sections in this Agreement shall not affect the remaining portions of the Agreement. ARTICLE 15. GOVERNING LAW This Agreement shall be governed by and construed under the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. ARTICLE 16. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and neither of the parties shall be bound by any promises, representations or agreements except as expressly set forth in this Agreement. ARTICLE 17. BINDING CLAUSE This Agreement shall be binding upon the parties, their heirs, executors, administrators, devisees, legatees, trustees, successors, and assigns. ARTICLE 18. CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members, officials, staff, and employees 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. 231 The values set forth in Article 18 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. EXECUTED this; day of �c��� 2018 r CITY OF SO THLAKE, TEXAS By: V Mayor ATTEST: Carol Borges, TRMC, City Secretary "_� -"'•� CONTRACTOR $� ROXY TENNIS, LLC t� g . ort%ri-®dTwrtA-� -� y Mi Poorman, Member APPROVED AS TO FORM AND LEGALITY: City Attorney 24 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-799467 Roxy Tennis, LLC Southlake, TX United States Date Filed: 09/0812021 2 Name of governmental entity or state agency that Is a party to the contract for which the form is being filed. City of Southlake Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 09212021 Renewal of Agreement for Southlake Tennis Center Management 4 Name of Interested Patty City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Poorman, Stephen Southlake, TX United States X Gordon-Poorman, Mia Southlake, TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is M. M. an and my date of birth is My address is 220 CanpDn +!.6 ao-TY' Soufbt 1-X , -40012 USA . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in TQrran+ County, State of Texas , on the Q day of S f�p+ 20 2.1 (month) (year) Sig tune of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us version vi.,t. u tnt3coc CITY OF Item 413 SOUTHLAKE MEMORANDUM November 08, 2024 TO: Parks and Recreation Board FROM: David Miller, Director of Community Services SUBJECT: Recommendation on a Facilities Utilization Agreement with Dragon Youth Football Action Requested: Park Board recommendation on a Facilities Utilization Agreement with Dragon Youth Football for 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 Football (DYF) is an agreement to provide athletic fields for the football program from January 1, 2025 — December 31, 2025. A copy of the proposed FUA with DYF is attached for your consideration. The City Council will consider the proposed FUA at their meeting on November 19, 2024 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 Park and Recreation Board Meeting Date — November 11, 2024 Page 2 of 2 Citizen Input/ Board Review: Parks & Recreation Board consideration November 11, 2024 City Council consideration November 19, 2024 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 DYF Staff Recommendation: Park Board recommendation to approve a Facilities Utilization Agreement with Dragon Youth Football for 2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE Proposed Facilities Utilization Agreement with Dragon Youth Football 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 Football, 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 football 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 football 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 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. 2025 through December 31, 2025. 3. Football shall consist of the following seasons: • Fall (typically August - November) DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, pre -season games, games, clinics, camps, etc., for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 5. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 6. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved in writing by the City Council following a recommendation by the Parks and Recreation Board. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter -league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. SECTION 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season, 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. DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE SECTION 5 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection, and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third -party liability policy. The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE SECTION 6 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH SEASON, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE ASSOCIATION, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE ASSOCIATION SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR ALLEGED TO ARISE OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 5 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS OR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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: Exhibit "A" - Policy for the Provision of Athletic Facilities SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. Commitment to Excellence: Behaving responsively in our delivery of service to DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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. DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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, DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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 day of Amy Shelley, TRMC City Secretary Shawn McCaskill Mayor, City of Southlake „Q;zr - si� President Dragon Youth Football Approved as to form and legality City Attorney DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina PrinciDles 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). Manaaement 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 DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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 DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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; 77 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 DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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 Sunday 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 athleticfieldsCcDci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfieldsCcbci.southlake.tx.us 0 DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE • 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 aC-ci.southlake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(c)ci.southlake.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 reconfig u ratio n/restri p i ng of fields at least three (3) business days in advance to the City via email athleticfields(a-)ci.southlake.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 DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE • 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: • MowingNerti-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 9 DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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 11:01DAM 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. DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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 con cess io n/restroom/sto rage facilities. The permit allows for the drop-off and pick-up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The association must contact the Department of Community Services for a permit. Violators may be ticketed by Southlake Police. XI. Liahtina Prediction 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 Reaulations The following regulations and restrictions are prescribed for the use of City parks: (1) Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any City park. (2) Riding, driving or walking horses in any City park. Except on designated horse trails, it shall be unlawful for any person to walk, drive or ride a horse or horses within any City park. (3) Riding or driving off -road motorized vehicles in City any park. Except on designated off - road trails, it shall be unlawful for any person to drive or ride an off -road vehicle within any City park. For the purposes of this section, an off -road vehicle is a motorized vehicle designed and equipped for use off any paved roadway with such definition to specifically 9 DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-4542381A2DOE 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 E DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-454238lA2DOE into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The- Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 10 Revised Date: March 6, 2018 Approved by: City Council DocuSign Envelope ID: ED391943-BDE7-46FA-BDD3-454238lA2DOE 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. 11 Item 4C IDCITY OF SOUTHLAKE TO FROM SUBJECT MEMORANDUM November 08, 2024 Park and Recreation Board David Miller, Director of Community Services Recommendation on a Facilities Utilization Agreement with Grapevine Southlake Soccer Association Action Requested: Park Board recommendation on a Facilities Utilization Agreement with Grapevine Southlake Soccer Association for 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 Grapevine Southlake Soccer Association (GSSA) is an agreement to provide athletic fields for the soccer program from January 1, 2025 — December 31, 2025. This year, the GSSA FUA went through some minor changes to further align with how their organization is operating. Please see a description of those changes below: • Section 1 - Scope of Services: Reworded "youth recreational soccer program" to "recreational soccer program." • Section 2 - Terms of Agreement: Added the summer season with the note, "Recreational Summer Seasons practices and games are allowed based on the Park Maintenance schedule (per Park Manager) and not previous year registrations." • Additionally, item number four was added to Section 2, stating, "The ASSOCIATION may have skills clinics scheduled, typically on Mondays, led by paid instructors during a corresponding season. Instructors shall be in GSSA-marked apparel. At no time shall the paid City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2024 Page 2 of 3 instructors be allowed to conduct any additional services or field usage for non-GSSA teams or players." • Section 4 - Field Maintenance Fees: Non-resident fees are now included in this agreement to due an increase in non -grapevine and non-Southlake residents participating in the program. The change now reads, "Non-resident fees of $17.00 per non-resident player per season for those players who do not reside in Southlake or Grapevine. These fees will be assessed for 50% of the non -Grapevine or Southlake residents." A copy of the proposed FUA with GSSA is attached for your consideration. The City Council will consider the proposed FUA at their meeting on November 19, 2024. Financial Considerations: The Association will pay field maintenance fees of $12.00 per resident per season, to assist the City with offsetting a portion of the maintenance and operations costs. If the proposed changes are approved, the Association will now also pay field maintenance fees for 50% of non -Grapevine and non- Southlake residents at the approved $17.00 non-resident rate. 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. Citizen Input/ Board Review: Parks & Recreation Board consideration November 11, 2024 City Council consideration November 19, 2024 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 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2024 Page 3 of 3 Attachments: Proposed Facilities Utilization Agreement with GSSA Staff Recommendation: Park Board recommendation to approve a Facilities Utilization Agreement with Grapevine Southlake Soccer Association for 2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 Proposed Facilities Utilization Agreement with Grapevine Southlake Soccer Association CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Grapevine Southlake Soccer Association, herein called "ASSOCIATION." WHEREAS, the CITY owns, operates, and maintains certain athletic facilities for the recreation, use, benefit, and enjoyment of its residents and the general public; and WHEREAS, the ASSOCIATION desires to lease (or utilize) the CITY'S athletic facilities to provide a youth soccer program in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a recreational soccer program that adheres to the City of Southlake's organization values outlined in Section 9 of the Agreement. B. The CITY agrees to allocate the required number of fields to meet the Association's program needs for 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. 2025 through December 31, 2025. 3. Soccer shall consist of the following seasons: DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 a. Spring (typically February - May) b. Summer (typically June — July) c. Fall (typically August - November) *Recreational Summer Seasons practices and games are allowed based on the 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, 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 skills clinics scheduled, typically on Mondays led by paid instructors during a corresponding season. Instructors shall be in GSSA marked apparel. At no time shall the paid instructors be allowed to conduct any additional services or field usage for non-GSSA teams or players. 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. DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 SECTION 4 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season within two (2) weeks after the last regular season game to help off -set the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all Southlake resident players. Non-resident fees of $17.00 per non-resident player per season for those players who neither reside is Southlake or Grapevine. These fees will be assessed for 50% of the non -Grapevine or Southlake residents. 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 Public Liability Limit Coverage for Bodily Injury and Property Damage $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection, and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SECTION 6 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH SEASON, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE ASSOCIATION, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE ASSOCIATION SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR ALLEGED TO ARISE OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 5 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ASSOCIATION TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS OR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. DocuSign Envelope ID: 182A8F54-492E-425A-8742-30494508EE61 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: Exhibit "A" - Policy for the Provision of Athletic Facilities SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. • Teamwork: Recognizing the importance of working together to meet our citizen's DocuSign Envelope ID: 182A8F54-492E-425A-8742-30494508EE61 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. DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 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 DocuSign Envelope ID: 182A8F54-492E-425A-8742-30494508EE61 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 day of Amy Shelley, TRMC City Secretary Shawn McCaskill Mayor, City of Southlake Justin Hibbs Justin Hibbs (Nov 5, 2024 20'd2 CST President Grapevine Southlake Soccer Association Approved as to form and legality City Attorney DocuSign Envelope ID: 1 B2A8F54-492E-425A-8742-30494508EE61 City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina PrinciDles 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). Manaaement 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 DocuSign Envelope ID: 1 B2A8F54-492E-425A-8742-30494508EE61 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: 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) 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 DocuSign Envelope ID: 182A8F54-492E-425A-8742-30494508EE61 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 DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 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 Sunday 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 athleticfieldsCaD-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(c-)ci.southlake.tx.us 2 DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 • 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(U)ci.southlake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields6EDci.southlake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(a)ci.south lake.tx.us • Schedule all necessary sports field lights for practices/scrimmages and games by using the Musco Control -Link password assigned to the field manager • Submit the names, addresses, e-mail addresses and phone numbers of all officers and board members no less than two (2) weeks after election or appointment • Submit field maintenance fee payment with rosters of all participants including name, age, gender, residency, league played in (Recreational or Select), and all other information requested to complete seasonal report no less than two (2) weeks after the season • The athletic association president or board representative shall attend one Parks & Recreation Board meeting annually for the purpose of making a presentation addressing the state of the athletic association and to discuss any other items related to the program V. Field Care & Maintenance In maintaining and preparing fields for play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the associations • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Maintain/repair the scoreboards • Perform all turf maintenance o Mowing o Fertilization o weed control/herbicide spraying • may require up to 24 hours field closure • City will give a 48 hour notice • City will not close a field with a scheduled game • Prepare game fields for games Monday through Friday; including painting/chalking all field lines, as necessary for regularly scheduled and properly rescheduled games. (Note: Fields will not be prepared for any game(s) that are not on the City approved schedule.) • Provide contract porter services on weekends. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee. The porter service will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Provide litter collection • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary 61 DocuSign Envelope ID: 182A8F54-492E-425A-8742-30494508EE61 • 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: • MowingNerti-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 0 DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, the Parks Manager or designee familiar with the athletic fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday - Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 7 DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 X. Buildina Access & Vehicle Permits The City will work with the association to determine the appropriate number of key fobs and vehicle permits to be issued. The City will issue key fobs to authorized approved athletic association program representatives for access to concession stands and storage rooms. The association may request permission in writing to utilize a golf cart or workman type utility vehicle on City property. If approved, a permit will be issued by the City to the association on a per vehicle basis. Misuse of the vehicle, as determined by the City, may result in the cancellation of the permit and ability of the association to use these vehicles. The association may request permission in writing to allow specific association representatives to drive their automobiles into the complex on the pedestrian pathways. The permit will only be issued by the City to association representatives responsible for the delivery of concession and building supplies to the concession/restroom/storage facilities. The permit allows for the drop-off and pick-up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The association must contact the Department of Community Services for a permit. Violators may be ticketed by Southlake Police. XI. Liahtina Prediction Svstem The City has implemented the THOR GUARD Lightning Prediction System 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 M DocuSign Envelope ID: 1B2A8F54-492E-425A-8742-30494508EE61 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 DocuSign Envelope ID: lB2A8F54-492E-425A-8742-30494508EE61 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 devic of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 10 Revised Date: March 6, 2018 Approved by: City Council DocuSign Envelope ID: 1 B2A8F54-492E-425A-8742-30494508EE61 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. 11 Item 4D ICITY OF SOUTHLAKE TO FROM SUBJECT MEMORANDUM November 08, 2024 Park and Recreation Board David Miller, Director of Community Services Recommendation on a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association Action Requested: Park Board recommendation on a Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association for 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 Southlake Carroll Lacrosse Association (SCLA) is an agreement to provide athletic fields for the boys' lacrosse program from January 1, 2025 — December 31, 2025. A copy of the proposed FUA with SCLA is attached for your consideration. The City Council will consider the proposed FUA at their meeting on November 19, 2024. 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 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2024 Page 2 of 2 Corporate Objective to Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: Parks & Recreation Board consideration November 11, 2024 City Council consideration November 19, 2024 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 SCLA Staff Recommendation: Park Board recommendation to approve a Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association for 2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 Proposed Facilities Utilization Agreement with Southlake Carroll Lacrosse Association CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Southlake Carroll Lacrosse Association: herein called "ASSOCIATION." WHEREAS, the CITY owns, operates, and maintains certain athletic facilities for the recreation, use, benefit, and enjoyment of its residents and the general public; and WHEREAS, the ASSOCIATION desires to lease (or utilize) the CITY'S athletic facilities to provide a boys youth and high school lacrosse program in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a boys recreational youth lacrosse program that adheres to the City of Southlake's organization values outlined in Section 9 of the Agreement. B. The CITY agrees to allocate the required number of fields to meet the Association's program needs for 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. 2025 through December 31, 2025. 3. Lacrosse shall consist of the following seasons: DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 • Spring (typically February - May) • Summer (typically June - July) • Fall (typically August - November) The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, pre -season games, games, clinics, camps, etc., for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 5. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 6. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved in writing by the City Council following a recommendation by the Parks and Recreation Board. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter -league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. 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 DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 season game to help off -set the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing CITY fields regardless of the level or division of play. SECTION 5 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection, and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: DocuSign Envelope ID: 0165608A-2988-4E23-AE56-2E63ECC34412 A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SECTION 6 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH SEASON, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE ASSOCIATION, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE ASSOCIATION SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR ALLEGED TO ARISE OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 5 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ASSOCIATION TO ENFORCE DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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: Exhibit "A" - Policy for the Provision of Athletic Facilities SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. Accountability: Taking personal responsibility for our actions or inaction while DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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. DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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, DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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. Amy Shelley, TRMC City Secretary Shawn McCaskill Mayor, City of Southlake Chris Etheredge Chris Etheredge (Nov 6, 2024 08:54 CST) President Southlake Carroll Lacrosse Association Approved as to form and legality City Attorney DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina PrinciDles 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). Manaaement 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 DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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. 111. 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 501c3 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) N DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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 DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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 Sunday 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 aC�.ci.southlake.tx.us email for all communications related to field scheduling In working with the City, the City's approved athletic association programs shall: • Designate one (1) person as the association's field manager that will serve as the one (1) point of contact for all day-to-day communications related to field usage, scheduling and maintenance requests • Submit season start and end dates no less than one (1) month prior to the beginning of each season to the City via email athleticfieldsCcbci.southlake.tx.us rd DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 • 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(cbci.southlake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfields(cbci.southlake.tx.us (Note: All requests to reschedule games must be approved by the City). Requests not received prior to one (1) business day will not be honored • Submit requests to reschedule games that require the reconfiguration/restriping of fields at least three (3) business days in advance to the City via email athleticfields(aDci.southlake.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 rio 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 DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 • 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: • MowingNerti-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 germinatior, 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 0 DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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 11:01DAM 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. DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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 con cess io n/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. Lightina 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 Reaulations The following regulations and restrictions are prescribed for the use of City parks: (1) Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any City park. (2) Riding, driving or walking horses in any City park. Except on designated horse trails, it shall be unlawful for any person to walk, drive or ride a horse or horses within any City park. (3) Riding or driving off -road motorized vehicles in City any park. Except on designated off - road trails, it shall be unlawful for any person to drive or ride an off -road vehicle within any City park. For the purposes of this section, an off -road vehicle is a motorized vehicle designed and equipped for use off any paved roadway with such definition to specifically 0 DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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 607 DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 10 Revised Date: March 6, 2018 Approved by: City Council DocuSign Envelope ID: D1656D8A-2988-4E23-AE56-2E63ECC34412 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. 11 Item 4E IDCITY OF SOUTHLAKE TO FROM SUBJECT MEMORANDUM November 08, 2024 Park and Recreation Board David Miller, Director of Community Services Recommendation on a Facilities Utilization Agreement with Lady Dragon Lacrosse Action Requested: Park Board recommendation on a Facilities Utilization Agreement with Lady Dragon Lacrosse for 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 Lady Dragon Lacrosse (LDL) is an agreement to provide athletic fields for the girls' lacrosse program from January 1, 2025 — December 31, 2025. A copy of the proposed FUA with LDL is attached for your consideration. The City Council will consider the proposed FUA at their meeting on November 19, 2024. 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. Citizen Input/ City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Parks and Recreation Board Meeting Date — November 11, 2024 Page 2 of 2 Board Review: Parks & Recreation Board consideration November 11, 2024 City Council consideration November 19, 2024 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 LDL Staff Recommendation: Park Board recommendation to approve a Facilities Utilization Agreement with Lady Dragon Lacrosse for 2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A Proposed Facilities Utilization Agreement with Lady Dragon Lacrosse 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 Lady Dragon Lacrosse. 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 girls youth and high school lacrosse program in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION agrees to provide a girls recreational youth lacrosse program that adheres to the City of Southlake's organization values outlined in Section 9 of the Agreement. B. The CITY agrees to allocate the required number of fields to meet the Association's program needs for 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. 2025 through December 31, 2025. 3. Girls lacrosse shall consist of the following seasons: DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A • Spring (typically February - May) • Summer (typically June - July) • Fall (typically August - November) The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for coach look, tryouts, scrimmages, pre -season games, games, clinics, camps, etc., for that corresponding season. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above, for that corresponding season. 4. If the ASSOCIATION desires additional facility usage outside of the above listed seasons it must rent the fields from the CITY at the City Council approved field rental rates. 5. Fields not being utilized by the ASSOCIATION or the CITY will be made available for public use as per the Policy for the Provision of Athletic Facilities (Exhibit A). The CITY will work with the ASSOCIATION to identify any available fields. 6. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved in writing by the City Council following a recommendation by the Parks and Recreation Board. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent CITY property. All inquiries into field rentals and tournaments should be directed to the CITY; specifically, the Department of Community Services, at (817) 748-8019. Due to the necessity of inter -league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a CITY field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of this Agreement, any existing state or federal law, or CITY ordinance, or use the same in such manner as to constitute a nuisance. 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 DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A season game to help off -set the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing CITY fields regardless of the level or division of play. SECTION 5 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION's use and occupation of the premises and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE MINIMUM LIMIT Comprehensive General $1,000,000 - Combined Single Limit Public Liability Coverage For Bodily Injury and Property Damage. $1,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection, and named insurance company. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities, whichever event occurs first. The ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. The ASSOCIATION further agrees that with respect to the above required insurance, the CITY shall: DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A A Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. SECTION 6 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH SEASON, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE ASSOCIATION, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE ASSOCIATION SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR ALLEGED TO ARISE OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 5 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ASSOCIATION TO ENFORCE DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A THIS AGREEMENT ARE LIMITED TO MANDAMUS OR SPECIFIC PERFORMANCE. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 7 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits referenced herein or attached hereto are incorporated into this Agreement as if set out in their entirety said exhibits being: 1. Exhibit "A" - Policy for the Provision of Athletic Facilities SECTION 8 TERMINATION OF AGREEMENT 1. CITY or ASSOCIATION shall notify the other party in writing of a breach of any term of this Agreement and allow ten (10) days to cure the breach. If the breach is not cured after the expiration of ten (10) days, then the non -breaching party may terminate this Agreement upon the expiration of 30 days from the date of the original written notice of breach without further notification to the breaching party. 2. In addition to any other provision or remedy of this Agreement, the CITY may keep a record of violations of any term of this Agreement, the City of Southlake Values, or any of the associated Exhibits. The failure of the City to notify ASSOCIATION of any such violation(s) shall not be deemed a waiver of any other right or remedy of the CITY. In case of three or more violations, the CITY'S Department of Community Services may schedule a meeting with ASSOCIATION to review the violations and determine whether or not the violations are curable. If the violations cannot be cured, then this Agreement may be terminated after the expiration of the then current season. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. Accountability: Taking personal responsibility for our actions or inaction while DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A 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. DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A 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, DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A 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 day of Amy Shelley, TRMC City Secretary Shawn McCaskill Mayor, City of Southlake r— zvot'__ Kevin Chrapaty (Nov S, 202410:14 CST) President Lady Dragon Lacrosse Approved as to form and legality City Attorney DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A City of Southlake Policies and Procedures Policy: Policy for the Provision of Athletic Facilities Source: City Council Category: Community Services Department Guidina PrinciDles 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). II. Manaaement 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 communi.ty 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 DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A 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) KA DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A 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 DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A 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 Sunday 12:OOPM 10:OOPM Mon-Thurs 4:OOPM 10:OOPM Friday 4:OOPM 11:OOPM Saturday 8:OOAM 11:OOPM Exception: Field use at North Park shall cease by 9:OOPM daily (Sunday- Saturday) The athletic association is responsible for turning off all field lights when no longer in use each day. The City will set field lights to automatically turn off thirty (30) minutes after each day's end time. IV. Communication In working with the City's approved athletic association programs, the Department of Community Services shall: • Provide board member orientation on an annual basis for all athletic association board members/representatives • Meet with key athletic association board members/representatives at least one month prior to each season to discuss the details and logistics for the upcoming season • Meet with key athletic association board members/representatives as needed throughout the year • Provide, manage and monitor the City's athleticfields(a-)-ci.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(o)ci.southlake.tx.us E! DocuSign Envelope ID: F3819821-8EFA-41 AC-9475-9DC2EB1 14C6A • 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 athleticfieldsCa')ci.southlake.tx.us in the format designated by the City • Submit requests to reschedule games no less than one (1) business day in advance to the City via email athleticfieldsCcDci.southlake.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 athleticfieldsCcDci.southlake.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 DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A 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: • MowingNerti-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 A DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A o Make a decision based upon field condition or weather o List any closings on the City Field Closure Line (817) 748-8028 by 4:OOPM o The website www.teamsideline.com/southlake is updated Monday through Friday by 4:OOPM o The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games o If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:OOPM o After games have begun and inclement weather becomes a factor, association officials shall follow the same guidelines as City staff for deciding cancellation or postponement Weekends o If a final decision for the weekend is not possible at 3:OOPM Friday, the Parks Manager or designee familiar with the athletic fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed o Inspect Athletic Fields by 7:OOAM on Saturday and Sunday (Note: Every effort will be made to ensure all fields are inspected by 7:OOAM, however, due to the number of fields it may take longer depending on the specific situation) o The City Field Closure Line (817) 748-8028 will also be updated by 8:OOAM for Saturday and Sunday games. (Note: The website is only updated Monday - Friday) o Status for Saturday & Sunday afternoon/evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:OOAM and the field decision will be made prior to Noon that day o The decision of the Parks Manager or designee shall be final VII. Tournaments The City realizes the importance of athletic tournaments. These events have a major impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may provide athletic facilities for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City and shall only be authorized by the City through its Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, scheduled City or approved athletic association program usage. VIII. Concessions All food/beverage related concession operations are provided either by the approved athletic association programs or by the City as per the City's Concessions Stand Agreement. IX. Vendors All potential vendors must be pre -approved by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without the approval of the City and may not be in competition with items sold by the concessionaire. Vendor fees apply. Vendor trailers will be restricted to designated areas located within the parking lot. 7 DocuSign Envelope ID: F3819821-8EFA-41 AC-9475-9DC2EB1 14C6A X. Buildina Access & Vehicle Permits The City will work with the association to determine the appropriate number of key fobs and vehicle permits to be issued. The City will issue key fobs to authorized approved athletic association program representatives for access to concession stands and storage rooms. The association may request permission in writing to utilize a golf cart or workman type utility vehicle on City property. If approved, a permit will be issued by the City to the association on a per vehicle basis. Misuse of the vehicle, as determined by the City, may result in the cancellation of the permit and ability of the association to use these vehicles. The association may request permission in writing to allow specific association representatives to drive their automobiles into the complex on the pedestrian pathways. The permit will only be issued by the City to association representatives responsible for the delivery of concession and building supplies to the concession/restroom/storage facilities. The permit allows for the drop-off and pick-up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The association must contact the Department of Community Services for a permit. Violators may be ticketed by Southlake Police. XI. Liahtina Prediction 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 Reaulations The following regulations and restrictions are prescribed for the use of City parks: (1) Alcoholic beverages prohibited. It shall be unlawful for any person to possess or consume any alcoholic beverage in any City park. (2) Riding, driving or walking horses in any City park. Except on designated horse trails, it shall be unlawful for any person to walk, drive or ride a horse or horses within any City park. (3) Riding or driving off -road motorized vehicles in City any park. Except on designated off - road trails, it shall be unlawful for any person to drive or ride an off -road vehicle within any City park. For the purposes of this section, an off -road vehicle is a motorized vehicle designed and equipped for use off any paved roadway with such definition to specifically 9 DocuSign Envelope ID: F3819821-8EFA-41 AC-9475-9DC2EB1 14C6A 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. J (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 DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A into such waters any substance, matter, or anything liquid or solid, which will or may result in the pollution of said waters. (16) Boating and swimming. It shall be unlawful to swim, wade, boat, or canoe in any area unless such area is designated for that purpose; provided, however, the Director of Community Services may permit the temporary occurrence of such activities for special programs and events. (17) Closing of game fields. The Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a game field which has been designated as a closed field and has posted a sign indicating that "Field is closed. Trespassing on a closed field could result in a $250.00 - $500.00 fine." (18) Erecting structures prohibited. a. No person shall place or erect any structure, sign, bulletin board, post, pole, or advertising of any kind in a public park, and no stakes may be driven into the ground. b. No person shall attach to any tree, shrub, fence, railing, post, or structure within any public park, any sign, bulletin board, or other advertising device of any kind. C. The prohibitions contained in subsections a. and b. of this section shall not be applicable to persons acting pursuant to and with the written authorization of the Director of Community Services or his designee. (19) Projectile devices. No person shall possess, fire, or discharge a device capable of propelling a projectile, including without limitation, any air gun, pistol, bow and arrow, cross bow, or sling shot in a public park; provided, however, the Director of Community Services may permit the temporary occurrence of such activities in a public park for special programs and events. (20) Sale of merchandise. It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in any park or playground unless such person has a written agreement or permit issued by the City permitting the sale of such items in such park or playground. This section shall have no application to sports organizations or social organizations selling items to their own members, or at functions sanctioned by the City. (21) Sound amplification. It shall be unlawful to use any type of sound amplification system in a public park without the written consent of the Director of Community Services. XIII. City Ordinance Leashing or chaining. It shall be unlawful for an owner to allow any animal to run at large and not be restrained by means of a leash or chain of sufficient strength and length to control the actions of such animal while on public property or on property other than that of the owner of the animal. (Note: Does not apply to Dog Park) 10 Revised Date: March 6, 2018 Approved by: City Council DocuSign Envelope ID: F3819821-8EFA-41AC-9475-9DC2EB114C6A Original Approval Date: June 21, 2016 Approved by: City Council Recommendation Date: June 6, 2 016 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. 11