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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 4B - 1 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. 4B - 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 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. 4B - 3 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 4B - 4 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 4B - 5 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. 4B - 6 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. 4B - 7 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 4B - 8 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 4B - 9 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 4B - 10 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. 4B - 11