Item 4BM E M O R A N D U M
August 10, 2010
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
Approve the 2010 Facilities Utilization Agreement with Dragon
SUBJECT:
Youth Football Association
Action Requested:
City Council approval of the 2010 Facilities Utilization
Agreement with Dragon Youth Football
Background
Information:
The City of Southlake coordinates with various youth sports
associations to offer a variety of 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.
Based on Parks Board’s recommendation, staff has met with
Dragon Youth Football (DYF) on its usage of the Bob Jones
Park Amphitheatre turf area for DYF’s flag football program
practices this Fall. This proposed FUA would allow for
DYF’s temporary usage of the facility from August 18, 2010
through November 30, 2010. Subsequent use of City field
space will be handled on an annual basis through the FUA
process.
The Parks and Recreation Board recommended approval (6-
0) of the FUA with Dragon Youth Football at their meeting
August 9, 2010.
Financial
Considerations:
As per the previously approved FUA’s with the other athletic
associations for 2010, DYF will also pay the field
maintenance fee of $12.00 per player, per season (one Fall
season) for each child participating in DYF’s flag football
program.
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
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Shana Yelverton, City Manager
Meeting Date – August 17, 2010
Page 2 of 2
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:
Parks Board has previously recommended the usage of this
field space by DYF on a temporary basis. Parks Board
recommended approval (6-0) of the FUA at their August 9,
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 and approved by City Council.
Alternatives:
Alternatives may include:
Approve FUA with Dragon Youth Football as
presented
Approve contract with Dragon Youth Football with
input as desired
Not approve contract with Dragon Youth Football
Supporting
Documents:
Supporting document includes the following items:
Proposed 2010 Facilities Utilization Agreement with
DYF
Staff
Recommendation:
City Council approval of the 2010 Facilities Utilization
Agreement with Dragon Youth Football.
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SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
The parties to this agreement are the City of Southlake, Texas, herein called "City," and the
Dragon Youth Football Association
, herein called "Association."
FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties
agree as follows:
Section 1.
Amphitheater Area
City agrees to permit the use of its facilities known as located at the
Bob Jones Park
herein called "Premises", for the fall 2010 season.
Section 2.
August 18, 2010November 30, 2010
The term of this agreement shall be from , through ,
and shall consist of a fall regular season (August 18 – November 30, 2010). “Regular
season" is defined as actual regular season practice, try-outs, or scrimmages. 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 periods. The City will
Exception: Use of the fields during
have priority to the facility for any City event.
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.
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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 practice 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
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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
immediately upon execution of this
phone numbers of all officers and board members
agreement.
Section 7.
immediately upon
The ASSOCIATION shall furnish to the CITY the full schedule
execution of this agreement
.
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 at dusk.
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
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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 player
The ASSOCIATION agrees to pay the CITY
per seasonwithin two weeks after the last practice
(Fall) to cover the costs for
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 practice
participants domicile) .
Section 12.
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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 practice is 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.
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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
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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 practice.
2. The CITY shall provide and maintain all area lighting systems.
3. 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.
4. The ASSOCIATION shall be prohibited from performing any maintenance to any turf
areas without permission from the CITY.
5. The ASSOCIATION shall be responsible for daily policing of all litter on their practice
areas to include parking lot and adjacent grounds in use by the ASSOCIATION. All
litter shall be placed in the bins, cans, and receptacles provided by the CITY. The
CITY shall provide pick up for these receptacles. If within the CITY’S judgment, the
ASSOCIATION does not comply with litter collection, a notification letter will be
issued by the CITY requesting immediate compliance. If the CITY deems applicable,
further non-compliance will result in a fee of $25.00 per hour/per staff member for
litter clean up.
6. 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.
7. All rescheduled practice or make-up practice must be approved by the CITY.
ASSOCIATION must provide at least 24 hours notice to CITY of scheduled make-up
practice
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EXHIBIT "B"
FIELD INSPECTION AND CLOSURE AGREEMENT
Reasons for Athletic Field Closure
1. It is raining at practice 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
practice with regards to field conditions for weekday practice.
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 practices 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. practice 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 practice. The website is only updated
Monday through Friday.
5. Parks Manager or designee shall consult with the ASSOCIATION's Field
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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.
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