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