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Item 4HM E M O R A N D U M February 18, 2010 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services Approve 2010 Facilities Utilization Agreement with Southlake SUBJECT: Carroll Lacrosse Association Action Requested: City Council approval of 2010 Facilities Utilization Agreement with Southlake Carroll Lacrosse Association (SCLA). Background Information: The City of Southlake coordinates with the Southlake Carroll Lacrosse Association to offer athletic programs. These arrangements are historically documented and authorized through a written agreement referred to as a facilities utilization agreement. A separate agreement is held with each of the youth athletic organizations participating in the use of City-owned fields and facilities. Each Association was given a copy of the agreement and staff has met with each association. Major changes to the agreement are noted below. Fields will be unavailable during City Scheduled Maintenance Deadlines to turn in league schedules, league rosters and pay the field maintenance fees Spelled out specifically what must be included in the roster and league schedule information submitted to the City Term of agreement will cover a period of one (1) year renewable for up to two (2) additional years Revised Field Inspection and Closure Agreement to meet current practices Financial Considerations: Staff has prepared the attached Parks Cost Allocation Reportat the request of City Council. This report details the Capital Investment to date and the Annual Operating Costs allocated to each athletic association based on participation. Item 4H - 1 Shana Yelverton, City Manager Meeting Date – March 2, 2010 Page 2 of 2 Strategic Link: This item is linked to the City’s Strategy Map related to the focus area of Partnerships and Volunteerism, and Performance Management and Service Delivery and meets the corporate objective to Collaborate with Select Partners to Implement Service Solutions, Promote Opportunities for Partnerships and Volunteer Involvement, and to Provide High Quality Customer Service. Citizen Input/ Board Review: Staff has met with the associations to discuss proposed changes. Parks Board approved the agreement 9-0 at the February 2, 2010 meeting. Legal Review: The agreement was drafted utilizing the general core content from the agreements previously in place which have been reviewed by the City Attorney. Alternatives: Alternatives include: Recommendation for approval as presented Recommendation for approval with input as desired Recommendation not to approve Supporting Documents: Supporting document includes the following items: Proposed 2010 Facilities Utilization Agreement Parks Cost Allocation Report Staff Recommendation: City Council approval of 2010 Facilities Utilization Agreement with Southlake Carroll Lacrosse Association (SCLA). Item 4H - 2 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." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: Section 1. Southlake Sports Complex City agrees to permit the use of its facilities known as Lacrosse fieldsSouthlake Sports Complex located at the herein called "Premises", for the spring and fall 2010 seasons. Section 2. January 1, 2010December 31, 2010 , The term of this agreement shall be from , through and shall consist of a spring regular season (February 1 – May16) and a fall regular season (August 16 – November 26). “Regular season" is defined as actual regular season games, practices, try-outs, scrimmages, or pre-season games. Additional usage may be permitted as mutually agreed upon by the City and the Association. Fields will be unavailable during the CITY’s scheduled maintenance beginning after the last scheduled Spring Regular Season game until the beginning of the Fall Regular Season and during the months of December and January. Fields will also be unavailable for two weeks in the fall to plant Rye Grass and will be negotiated between the CITY and ASSOCIATION. Exceptions will be made with the approval of the Director of Community Services or Exception: Use of Designee. The City will have priority to the facility for any City event. the fields during undesignated times may be given with permission from the Director of Community Services. Section 3. This agreement will be effective the date signed by the Mayor. At the CITY’s option and with mutual agreement by the ASSOCIATION, the agreement may be renewed annually for a period of twelve (12) months for two additional terms by giving the ASSOCIATION written notice. If the CITY elects to so renew this agreement, ASSOCIATION shall update and submit any documents required in accordance with terms and conditions of this agreement. The documents which the ASSOCIATION shall submit, if applicable, include, but are not limited to: proof of insurance, full schedule, and proposed appendices listed in this agreement. Except as otherwise authorized herein, any other substantive amendments to this agreement must be approved by CITY Council following a recommendation by the Parks and Recreation Board. ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY without prior written consent of CITY. 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 Southlake field. Section 4. The ASSOCIATION shall not engage in any business on Premises or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. The collection of admission or "gate" fees by the ASSOCIATION is permissible as long as the ASSOCIATION makes the request to the CITY for approval at least two weeks prior to the start of the special event. ASSOCIATION agrees that the location of such admission access points shall not prevent or impede other park users from accessing other general areas of the park. The collection of tournament entry/registration fees by the ASSOCIATION is permissible. Section 5. 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. ASSOCIATION SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY’S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 11 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS, SPECIFIC PERFORMANCE OR INJUNCTIVE RELIEF. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY’S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. Section 6. The ASSOCIATION shall submit to the CITY the names, addresses, e-mail addresses and within two weeks phone numbers of all officers and board members after election or appointment. Section 7. The ASSOCIATION shall furnish to the CITY the full schedule (Field number, age group, at least two weeks dates and game times) for each season (Spring, Summer and Fall) prior to the first regular season game . Section 8. The ASSOCIATION shall furnish the CITY the names and telephone numbers and e-mail addresses of persons designated as field managers. It shall be the responsibility of the field manager to meet with and discuss field playability with a CITY representative. Section 9. The ASSOCIATION agrees that it shall not begin premises usage before 4:00 p.m. on weekdays or 8:00 a.m. on Saturdays, and 12:00 p.m. on Sundays, and shall cease premises usage (includes games and practices) by 10:00 p.m. on Sunday through Thursday, and by 11:00 p.m. on Friday and Saturday. It is the ASSOCIATION’s responsibility to turn off the lights by 10:30 p.m. on Sunday through Thursday, and 11:30 Exception: Times for usage of lights and fields may be p.m. on Friday and Saturday. modified for tournament play with prior notification and permission from the Director of Community Services or Designee. Section 10. ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect ASSOCIATION and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION’s use and occupation of the premises, and shall provide that such policy cannot be cancelled or terminated without thirty days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: TYPE 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. ASSOCIATION shall furnish to CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by ASSOCIATION at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. 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 CITY under any third party liability policy. 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 11. a field maintenance fee of $12.00 per The ASSOCIATION agrees to pay the CITY playerper seasonwithin two weeks after the last regular season (Spring and Fall) game (Spring and Fall) to cover the costs for lighting and maintaining the fields in playing condition. The ASSOCIATION shall furnish to the CITY, rosters of all participants (listing where within two weeks after the last regular season game participants domicile) . . Section 12. It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits hereto attached shall be part and parcel of this agreement as if set out in their entirety said exhibits being: FIELD MAINTENANCE EXHIBITS 1. "A" - CITY-Owned Field Maintenance Agreement CLOSURE OF ATHLETIC FIELDS EXHIBITS 2. "B" - Field Inspection and Closure Agreement Section 13. The CITY reserves the right to utilize the facilities when league games are not scheduled. If facility is abandoned, the agreement is terminated. Section 14. If either party, CITY or ASSOCIATION, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day notice and the right to cure within ten (10) days. Section 15. The City of Southlake has adopted values that are the fundamental principles that guide how members of the City conduct themselves in pursuit of the mission and vision. All business conducted with the City shall adhere to the City's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. • Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 15 are goals to which City officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate City official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. This agreement is made and entered into on the _____ day of _______________, ______. CITY OF SOUTHLAKE _________________________ by: _________________________ CITY Secretary Mayor CITY of Southlake _________________________ __________________________ Approved as to form President CITY Attorney ASSOCIATION EXHIBIT "A" CITY-OWNED FIELD MAINTENANCE AGREEMENT 1. The CITY shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. This may require up to twenty four (24) hours when the ASSOCIATION must stay off the fields after application. The City will give a forty eight (48) hour notice. The City will not close the field with a scheduled game. 2. The CITY shall maintain all fences and gates in a safe and secure condition. 3. The CITY shall provide and maintain all area lighting systems. 4. The CITY shall be responsible for the maintenance of any irrigation system and watering of the fields and any adjacent park irrigation systems and the watering of non-athletic turf areas. 5. The ASSOCIATION shall be prohibited from performing any maintenance to any turf areas without permission from the CITY. 6. The ASSOCIATION shall be responsible for securing the facility at the end of each day or evening of play. This includes, but is not limited to, locking all gates and doors and turning off all interior building lighting, pavilion lighting,and field lighting when the ASSOCIATION leaves the facility. 7. If ASSOCIATION desires to request any special park components or other special services be provided by the CITY for tournaments or other special events, such request shall be submitted to the CITY at least two weeks prior to the start of the tournament or event. 8. All rescheduled games or make-up games must be approved by the CITY. ASSOCIATION must provide at least 24 hours notice to CITY of scheduled make-up games EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure 1. It is raining at game time. 2. Fields are too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. CITY Procedures for Athletic Field Closure (Weekdays) 1. Inspect Athletic Fields by 3:00 p.m. 2. Make a decision based upon field condition or weather. 3. List any closings on the CITY Field Closure Line (817) 748-8028 by 4:00pm. 4. The website is updated Monday through Friday by 4:00 pm. http://www.CITYofsouthlake.com/repository/unmanaged_content/Departm ents/CommunityServices/Parks/RainoutLine.pdf 5. The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games. 6. If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:00 p.m. 7. After 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) 1. If a decision at 3:00 p.m. Friday is not possible, the Parks Manager or designee familiar with the Athletic Fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed. 2. Inspect Athletic Fields by 7:00 a.m on Saturday and Sunday. 3. Status for Saturday and Sunday p.m. games may be reevaluated at the discretion of the Parks Manager or designee at 11:30 a.m. and the field decision will be made prior to noon that day. 4. The CITY Field Closure Line (817) 748-8028 will also be updated by 8 a.m. Note: for Saturday and Sunday games. The website is only updated Monday through Friday. 5. Parks Manager or designee shall consult with the ASSOCIATION's Field Manager about the status of the fields. 6. Should the ASSOCIATION's Field Manager and the Parks Manager or designee not agree the decision of the Parks Manager or designee shall be final. CITY Responsibility for Implementation 1. The primary responsibility for making field closure decisions rests with the Parks Manager or designee responsible for athletic field maintenance. 2. In the Parks Manager or designee absence the Athletic Field Crew Leader shall make the decision concerning Athletic Field closures. 3. The Athletic Field Crew Leader shall consult with the Parks Manager on any decision concerning athletic field closures. 4. In the absence of both the Parks Manager or designee and the Athletic Field Crew Leader, a person designated by the Parks Manager shall make decisions concerning athletic field closures. 5. The appropriate ASSOCIATION's Field Manager has the responsibility to inform the ASSOCIATION and the participants about the field closure decision. PARKS COST ALLOCATION METHODOLOGY CAPITAL INVESTMENT: The capital investment represents audited costs from the annual financial report. SPDC, PDF, and GF Investment Data represents the Finance Department’s records of total capital investment from o 1994 to date Data represents total capital investment to date per facility utilized by each o athletic association Association Investment Data represents association participation in SPDC matching funds projects to date o City Participation (adult softball only): Data represents participation numbers reported for City managed programs (i.e., o adult softball at Bob Jones Park) from 2004 to date Association Participation: Data represents participation numbers reported (rosters submitted) by each o Association from 2002 to date Investment/Participant: Data represents the total Capital Investment (SPDC + PDF + GF) by the city per o participant for each athletic association. ANNUAL OPERATING COST: The annual operating cost represents the estimated operating costs allocated to each athletic association based on participation. City Operating Costs: Materials – Data represents the current annual supply costs to operate and o maintain the athletic fields and concession/restroom facilities at each facility Labor – Data represents the current annual estimate of labor expenses devoted to o operating and maintaining each athletic facility during league seasons as defined by the FUA (tournaments/off-season practice not included). Utilities – Data represents the current annual electric usage as charged from utility o company. City Revenue (adult softball only) Data represents the revenue received for City managed program (i.e., adult o softball at Bob Jones Park from 2004 to date Association Contributions: Data represents the revenue received for field maintenance fees ($12 per player o per season fees according to the FUA’s) from each Association for Spring and Fall 2009 Annual Participation: Data represents the Spring and Fall 2009 participation as reported by the o Associations. Annual Operating Cost/Participant: Data represents the total estimated annual City operating costs less association o contributions and city revenue (adult softball only) per participant for 2009. YTD InvestmentAnnual Operations Cost (2009) Soccer InvestmentSoccer Operations SPDC Investment$1,452,929.32City Op. Costs$114,677.85 P.D.F. Investment$7,157.50Assoc. Contribution$15,388.13 Assoc. Investment$15,750.00Annual Participation*2,937 Assoc. Participation*17,921Cost/Participant$33.81 Investment/Participant$81.47*Spring/Fall 2009 *2002-Present Softball InvestmentSoftball Operations SPDC Investment$1,102,222.22City Op. Costs$119,033.52 P.D.F. Investment$7,157.50City Revenue$5,847.00 Assoc. Investment$193,966.00Assoc. Contribution$8,352.00 City Participation**639Annual Participation*696 Assoc. Participation*5,225Cost/Participant$150.62 Investment/Participant$189.18*Spring/Fall 2009 *2002-Present**2004-Present Baseball InvestmentBaseball Operations SPDC Investment$1,227,043.89City Op. Costs$107,429.35 G.F. Investment$3,000.00Assoc. Contribution$20,016.00 P.D.F. Investment$340,249.76Annual Participation*1,668 Assoc. Investment$188,390.00Cost/Participant$52.41 Assoc. Participation*11,713*Spring/Fall 2009 Investment/Participant$134.06 *2002-Present Lacrosse InvestmentLacrosse Operations SPDC Investment$922,143.73City Op. Costs$11,016.00 P.D.F. Investment$2,539.26Assoc. Contribution$6,288.00 Assoc. Investment$12,500.00Annual Participation*524 Assoc. Participation*3,865Cost/Participant$9.02 Investment/Participant$239.25*Spring/Fall 2009 *2002-Present