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Item 4FCity of Southlake, Texas M E M O R A N D U M February 26, 2007 TO: Shana Yelverton, City Manager FROM: Steve Polasek, Director of Community Services Approval of 2007 Facilities Utilization Agreement with Southlake Girls Softball SUBJECT: Association. ___________________________________________________________________________ Action Requested: City Council approval of 2007 Facilities Utilization Agreement with Southlake Girls Softball Association (SGSA). Background Information: The City of Southlake coordinates with the Southlake Girls Softball 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. On January 4, 2007 staff met with each association to discuss proposed changes to the facilities utilization agreement. A representative from each youth sports association was present at the meeting and all were in agreement with the proposed changes. The changes were as follows:  Section 3 Term of agreement will cover a period of two (2) years ().  Each association agrees to pay the City a field usage fee of $10.00 per player per season for the 2007 calendar year and $12.00 per player per season for the 2008 calendar year to help offset the costs of lighting and maintaining fields in playing condition. The field usage fee adjustment in 2008 shall apply based on continued improvements in turf and field Section 14 conditions as provided by City ().  Section 14 Elimination of 50% credit toward field usage fees ().  Appendix C Revised Field Maintenance Form () Financial Considerations: None Financial Impact: Based on the $10 fee in 2007 (currently $8 per player, per season), revenue for SGSA is estimated to increase to approximately $7,500. Based on the $12 fee in 2008, revenue for SGSA is estimated to increase to approximately $9,000. Overall revenue from the youth sports associations is estimated to increase to approximately $51,000 in 2007 and approximately $61,000 in 2008. Shana Yelverton, City Manager February 26, 2007 Page 2 Citizen Input / Board Review:  Parks and Recreation Board recommended approval (5-0) at their February 12, 2007 meeting.  Staff has met with the associations at varies meetings starting in August of 2006 to discuss the proposed changes. Legal Review: The agreement was drafted utilizing the general core content from the agreements previously in place and has been reviewed by the city attorney. Alternatives: City Council discussion and consideration may result in various alternatives, including:  Approval of the agreement as presented.  Request modifications to the proposed agreement.  Non-approval of the proposed agreement. Supporting Documents: Supporting document includes the following items:  Proposed 2007 Facilities Utilization Agreement Staff Recommendation: City Council approval of 2007 Facilities Utilization Agreement with Southlake Girls Softball Association (SGSA). Shana Yelverton, City Manager February 26, 2007 Page 3 CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2007 FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the CITY of Southlake, Texas, herein called "CITY," and the Southlake Girls Softball Association , herein called "SGSA". Definitions: Regular Season – Games played within scheduled dates as stated in this agreement and excluding tournament play. Tournament – Post season games played after regular season schedule dates as shown in Appendix B, entitled “Seasons and Hours,” in which teams outside of SGSA participate. FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: Section 1. PREMISES CITY agrees to provide facilities including game fields and practice fields as defined by Appendix A, entitled “SGSA Field Requirements.” Facilities listed in Appendix A are herein called "Premises" in accordance with the terms of this Agreement. SGSA shall coordinate with the CITY and other associations in identifying premises and field requests for each season of play as soon as practical and no less than thirty (30) days prior to the beginning of practice for the respective season. The premises listed in Appendix A may be adjusted from time to time by the CITY, generally based on the regular seasons of SGSA and the other sports associations holding similar agreements with the CITY, and after consultation with SGSA and other athletic sports associations holding similar agreements with the CITY and which may reasonably be considered to be impacted by such adjustment. The CITY shall consult with SGSA and other athletic sports associations holding agreements with the CITY in determining the most appropriate premises and field allocations as set out in Appendix A. The CITY shall have the sole discretion to allocate premises and field usage in the manner in which it deems to be in the best interest of the CITY. Section 2. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season and tournaments on the days of Monday through Sunday as shown on Appendix B – SGSA Seasons and Hours. SGSA 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. Lights will be turned out at 10:30 p.m. on Sunday through Thursday, and 11:30 p.m. on Friday and Saturday. Exception: Times for usage of lights and fields may be modified for tournament play with prior notification and permission from the Director of Community Services. Shana Yelverton, City Manager February 26, 2007 Page 4 The General Schedule for the seasons and tournaments shall be included in Appendix B. The seasons and tournament dates may be adjusted from time to time based upon mutual agreement of the CITY and SGSA. The CITY shall make a good faith effort to coordinate with SGSA in determining the most appropriate premises and field use dates as set out in Appendix B. Such dates are subject to the approval of and modification by the CITY. Section 3. TERM The term of this agreement shall be from March 6, 2007, extending through December 31, 2008. This agreement will be effective the date signed by the Mayor. At the CITY’s option and with mutual agreement by SGSA, the agreement may be renewed annually for a period of twelve (12) months for two additional terms by giving the SGSA written notice. If the CITY elects to so renew this agreement, SGSA shall update and submit any documents required in accordance with terms and conditions of this agreement. The documents which the SGSA shall submit, if applicable, include, but are not limited to: proof of insurance, league start and end dates, 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 Board. Section 4. FEES AND ASSIGNMENT SGSA shall not charge any fees for admission of spectators or request donations without prior approval of the Parks and Recreation Board for any event, except as expressly permitted herein. Only during the time SGSA has permission to use the premises may SGSA request a voluntary donation for admission to events other than regularly scheduled league games. SGSA agrees to provide signs clearly indicating that donations are not required, and that donations are requested only for the SGSA activity then occurring on the premises. SGSA shall not assign this agreement nor shall it rent out any property of the CITY without prior written consent of the CITY. SGSA reserves the right to charge fees to teams outside of SGSA to participate in tournaments. The CITY reserves the right to establish fee structures as adopted by the CITY Council following a recommendation by the Parks Board. Section 5. UNLAWFUL ACTIVITIES SGSA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. SGSA shall make reasonable efforts to ensure compliance with existing animal control regulations by their organizational member participants during SGSA activities. SGSA is required to comply with and support all posted facility signage and shall take reasonable steps to notify their coaches and participants about violations and an expectation of enforcement action on such matters including, but not limited to: illegal parking, animal violations, alcoholic beverage violations, and disorderly conduct in an effort to seek voluntary compliance. SGSA shall immediately report any violations observed and not immediately corrected to on-duty park staff or Shana Yelverton, City Manager February 26, 2007 Page 5 the Southlake Department of Public Safety when such acts create a nuisance, a risk to patrons, or a threat of property damage. SGSA shall advise all officials, coaches, participants, and organization members that any violations of disorderly conduct or assaults are unacceptable and will not be tolerated. SGSA agrees to assist officials in maintaining order and good conduct and will assist in prosecution when applicable. Section 6. PERMISSION FOR INSTALLATION OR CONSTRUCTION SGSA, in accordance with the CITY Donation Policy, shall submit for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the CITY. Nothing contained herein shall be construed to prevent SGSA and the CITY from entering into a separate agreement regarding endorsements, or other activity not specifically regulated under this agreement. Section 7. INDEMNITY THE SGSA AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN SGSA ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE SGSA UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE SGSA 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 SGSA HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE SGSA HEREUNDER. THE SGSA 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 SGSA SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. SGSA 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 SGSA CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SGSA 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 Shana Yelverton, City Manager February 26, 2007 Page 6 CITY’S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XIII OF THIS AGREEMENT. Section 8. FOOD SERVICE If applicable, SGSA shall ensure that all food or drink prepared, served, sold, or stored by or on behalf of SGSA in conjunction with any practice or game or on any facility covered under this agreement complies with all CITY, state, county and federal laws. The CITY shall reserve the right to enter into a separate Concession Agreement with SGSA which shall automatically amend this agreement accordingly. Section 9. DOCUMENTS AND OFFICERS SGSA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by-laws of SGSA. Names, addresses and phone numbers of all officers and board members of SGSA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to SGSA the names and phone numbers of all appropriate contacts of the Parks and Recreation Division. Section 10. ROSTERS AND SCHEDULES The CITY reserves the right to utilize the premises when SGSA activities are not scheduled. If SGSA fails to use the premises, or a portion thereof, generally consistent with season dates and on a generally routine basis for its scheduled activities, the CITY may terminate or amend this . Agreement as appropriate or reallocate field use as the CITY may deem appropriate An official final roster shall be submitted to the CITY at the same time as such official final roster is submitted to SGSA’s governing board or the last day of the season, whichever occurs first. The CITY shall reserve the right to restrict access to practice fields, game fields or both until such roster or schedule is received if beyond the periods stated herein. REGULAR SEASON AND TOURNAMENT CALENDARS MUST BE SUBMITTED NOT LESS THAN 14 DAYS PRIOR TO THE START OF THE SEASON OR THE TOURNAMENT. The schedule for the use of fields must be submitted as soon as practical, but not less than 3 days prior to such scheduled use in order to allow for field preparation. The City reserves the right to specify the form and format of the schedule information. The CITY, through its Director or designee and SGSA will develop a “Memorandum of Understanding” to outline the details for special events or tournaments, provided, however, that in the event of any conflict with this agreement, this agreement shall control. Such memorandum is intended to clarify the details regarding operations by both the CITY and SGSA. Section 11. FIELD MANAGER SGSA shall furnish the Parks and Recreation Division the name(s) telephone number(s), and e- mail address(es) of person(s) designated as field manager(s). It shall be the responsibility of the Shana Yelverton, City Manager February 26, 2007 Page 7 field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form, as outlined in Appendix C, to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement or any needed repairs or supplies. The SGSA Field Manager shall meet before each season with the designated CITY representative to be briefed on maintenance procedures and techniques. The work order form, Appendix C, may be modified from time to time at the sole discretion of the CITY. Nothing contained herein shall prohibit the use of electronic transmittal of the document when such procedures are approved by the CITY. The determination as to the field maintenance and repair procedures to be conducted shall be at the sole discretion of the CITY. Section 12. COMMUNICATION All substantial issues and conflicts shall be discussed between the Director of Community Services or designee and the President of SGSA or designee. Nothing contained herein is intended to limit the ability of the City and SGSA to govern their affairs, nor shall it limit the authority to request recommendations by the Park Board or action by the City Council when applicable. Section 13. INSURANCE SGSA, at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SGSA 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 CITY from and against all liability for claims arising out of or in connection with SGSA’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. SGSA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SGSA at the CITY of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. SGSA 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. Shana Yelverton, City Manager February 26, 2007 Page 8 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. SGSA 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 14. FIELD USAGE FEE SGSA agrees to pay the CITY a field usage fee of $10.00 per player per season for the 2007 calendar year and $12.00 per player per season for the 2008 calendar year to help offset the costs for lighting and maintaining fields in playing condition. The field usage fee adjustment in calendar year 2008 shall apply based on continued improvements in turf and field conditions as provided by the City. This fee is due to the Southlake Parks and Recreation Division within three (3) weeks after completion of regular registration. If the association is comprised of two or more cities including the CITY of Southlake and as approved by the City Council, the fee shall be multiplied by the percentage of total league games in a season played on CITY of Southlake fields. The CITY may deny field access for either game fields or practice fields or both if such fee and roster is not provided in a timely fashion as outlined herein. The City may request an audit of SGSA books at any time to validate the fee assessments. Section 15. PUBLIC ADDRESS SYSTEM No public address system may be used after 9:00 p.m. and SGSA shall comply with the Noise Ordinance at all times. Section 16. COMMISSIONER SGSA agrees to provide a league representative on-site at each SGSA organized league or tournament game held on premises. Section 17. EXHIBITS The CITY and SGSA agree that the exhibits attached to this Agreement are incorporated into this Agreement as if set out in their entirety. Such exhibits may be modified in accordance with the terms and conditions stated herein. A revised copy shall be provided to all parties. Exhibits included are:  Appendix A – SGSA Field Requirements  Appendix B – SGSA Seasons and Hours  Appendix C – Request for maintenance / work order Shana Yelverton, City Manager February 26, 2007 Page 9 Section 18. MAINTENANCE The Parks and Recreation Division (CITY) shall maintain all turf and ground areas to include mowing, weed control, fertilizing and herbicide spraying. The CITY shall perform all pre-season turf maintenance to include top dressing, aeration, and fertilization. The CITY shall prepare the fields by Fridays for the weekend. Additional field prep will be the responsibility of SGSA. If SGSA needs weekend preparation by the CITY beyond what is provided through the agreement and subject to availability of staff, a fee of $25.00 per hour/staff member based on a minimum of 4 hours per staff member for two staff members will be charged for preparation of the fields. Requests must be made no later than 2:00 p.m. on the Thursday prior to the weekend. The CITY shall provide line chalk/paint for completing markings only on fields maintained and scheduled through the CITY. SGSA shall provide line chalk/paint for its own additional uses and may line fields as needed in addition to the above. The CITY may permit members of SGSA to limited access to and use of city-owned field maintenance equipment for the purposes of SGSA conducting field maintenance after regular work hours and on weekends. Such access shall be at the sole discretion of the Director of Community Services or designee and under mutually agreeable conditions. SGSA agrees that no equipment with electric or combustion engines shall be used by anyone other than those persons eighteen (18) years of age or older and specifically trained by CITY staff in the proper use of such equipment. SGSA agrees to pay for any damage or repairs of malfunctions occurring during SGSA use of such equipment, whether by abuse or any other cause. The CITY agrees to permit SGSA to obtain and store their own equipment for such maintenance, subject to available storage space. All such equipment shall be properly stored and secured within a maintenance facility when not in use. The CITY shall be responsible for the maintenance of all fences, shade covers, bleachers, lights and restrooms. SGSA shall ensure that participants take reasonable care of the facility to avoid damage from intentional actions by its members. The CITY will install the appropriate game or seasonal practice goals, nets, markers, bases, bleachers, and similar elements. SGSA will install all temporary daily special goals, nets, markers, flags and similar elements. The CITY shall be responsible for the maintenance of any turf irrigation system and watering of the fields. The CITY shall have the sole discretion to determine which facilities shall be irrigated. SGSA shall be responsible for daily practice and game day collection of all litter on their practice and game fields to include playing areas, fences, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. Any overflow trash resulting from concession use should be placed in the “dumpster” receptacle. IF WITHIN THE CITY’S JUDGEMENT SGSA DOES NOT COMPLY WITH LITTER COLLECTION, A NOTIFICATION LETTER WILL BE ISSUED BY THE CITY REQUESTING IMMEDIATE COMPLIANCE. IF THE CITY DEEMS APPLICABLE, FURTHER Shana Yelverton, City Manager February 26, 2007 Page 10 NON-COMPLIANCE WILL RESULT IN A FEE OF $25.00 PER HOUR/PER STAFF MEMBER FOR LITTER CLEAN UP. SGSA shall not be held responsible for field conditions following the approved use of such fields by the Director of Community Services for the CITY or designee for any organization other than SGSA. The CITY may require additional temporary trash dumpsters and toilet facilities for special events expected to draw larger than normal attendance. SGSA shall be responsible for any direct costs incurred for such events, including but not necessarily limited to dumpster rental, portable toilet rental, security staff, and park staff required. SGSA shall be prohibited from performing any maintenance to any turf areas without permission from the CITY. SGSA will provide all necessary maintenance equipment, used for its own purposes, not specifically named in this Agreement. SGSA shall ensure that all field lights are turned off at the completion of all practices and games. Under no circumstances should the lights be left on when fields are not in use. If SGSA fails to do so, they may be assessed a utility bill for the additional cost of electricity. The amount will be determined based on the adopted fee schedule. The CITY will provide the Field Manager necessary access to lights. SGSA agrees to keep the lights secured when not in use by SGSA. CITY Ordnance No. 827, Chapter 12, Section 12-32 paragraph 17 states that 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 field which has been designated as a closed field and has posted thereon a sign stating “Closed Field – Do not trespass on this field $250 - $500 Fine.” Section 19. FIELD INSPECTION AND CLOSURE Reasons for Athletic Field Closure or Postponement  Raining at game time.  Playing field too wet.  Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. Such conditions shall include, but are not limited to, dangerous weather and lightning conditions present.  Not within the regular season or tournament dates/times as approved. CITY Procedures for Athletic Field Closures Weekdays - The CITY will inspect Athletic Fields by 1:00 p.m. and will, as a means of communication, list any closing on the CITY field information line (817-481-1596). The Parks Supervisor or his designee will have the final responsibility for canceling games with regards to field conditions for weekday games. If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 3:00 Shana Yelverton, City Manager February 26, 2007 Page 11 p.m. After games have begun and inclement weather becomes a factor, SGSA officials shall follow the same guidelines as CITY staff for deciding cancellation or postponement. Weekends - The Parks Supervisor or designee will monitor the weather and field conditions for weekend field use. If conditions exist that may require closure of the fields, the Parks Supervisor or designee will consult with the appropriate SGSA Field Manager, Commissioner, or their delegate about the status of the field(s) by 7:00 a.m. Saturday and Sunday morning. Status for Saturday and Sunday p.m. games may be reevaluated at the discretion of the Parks Supervisor or designee at 11:30 a.m. and the field decision will be made prior to noon that day. The field information line will also be updated by 7 a.m. for Sunday a.m. and by noon for the p.m. games. The SGSA Field Manager will be notified immediately of any field closures. After games have begun and inclement weather becomes a factor, SGSA officials shall follow the same guidelines for deciding cancellation or postponement. The City will coordinate with SGSA on any notification systems, including such notification in person, by telephone, by pager, by email, by special flags or signage, or any other means of communication and notification system and procedure approved by the CITY. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Supervisor. 2. In the Parks Supervisor’s absence, the appropriate Park Division designee shall make the decision concerning Athletic Field Closures. 3. SGSA shall be responsible for any damage created by play taking place on a field that was closed due to field conditions. Notifications 1. The appropriate SGSA Field Manager has the responsibility to notify the SGSA and the participants about the field closure decision. (817-481- 2. The CITY staff will place notification of field conditions on the "field condition" phone line 1596) by 1:00 p.m. on weekdays and 7:00 a.m. on weekends when activities are scheduled. The information line phone number is subject to change. The CITY will provide SGSA with revisions. 3. The Parks Supervisor must receive a minimum of 24-hours prior notification during normal business hours for any request to reschedule games that requires field preparation or action by If 24-hour notice is not received the field may not be prepared for use. park staff. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Parks Supervisor or his designee if such action requires field preparation or action by park staff or if such field is closed for maintenance purposes. Shana Yelverton, City Manager February 26, 2007 Page 12 Section 20. CONCESSIONS The CITY may allocate specific vending facilities for use by SGSA. Such allocations of facilities are at the sole discretion of the CITY. SGSA may utilize the beverage or food vendor of their choice until such time as the CITY enters into an agreement for the provision of a specific vendor or vended item(s) for a park or facility utilized by SGSA. The CITY shall provide thirty (30) days notice to SGSA regarding the effective date of such an agreement and SGSA agrees that it will cease using any other vendor and will cease selling any vended items which would be incompatible with the CITY vender’s agreement. SGSA shall at all times during the duration of this agreement maintain the inside of the concession stands and shall be responsible for all fixtures, appliances, and all equipment necessary for storage, preparation, and serving of food and drinks in a clean, safe, sanitary manner com- mensurate with similar CITY facilities in compliance with CITY, County and State statutes and ordinances and acceptable to applicable agencies. The CITY shall be responsible for all maintenance and repairs to the permanent physical structure of the building, such as electrical wiring, plumbing, and other structural components. SGSA shall be subject to pass an annual inspection at the concession stand by the Tarrant County Health Department. The Association is also responsible for any Health Department Certificates and the posting of such certificates in the concession stand. SGSA shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, con- tainers, litter, etc., generated by the concession stand. Adequate trash receptacles shall be furnished by the CITY. SGSA shall be responsible for the installation, maintenance and service of telephones and public address systems. All utility and communication lines will be installed below ground. Written permission must be received from the CITY prior to any installations or repairs of utility and communication lines. Monthly telephone bills will be the responsibility of the Association. SGSA shall be responsible for keeping on only the essential appliances during non-operating hours. Only refrigerators, freezers and ice machines may be left on. Air conditioners and lights shall be turned off when not in use. SGSA shall be responsible for the upkeep and maintenance of SGSA owned equipment. SGSA waives any claim against the CITY for loss of or damage to equipment or inventory stored in storage area or in the concession stand. The purchase, maintenance and operation of vending equipment shall be the responsibility of SGSA with the exception of any equipment purchased in part by the CITY which shall then be owned in full and maintained by the CITY. SGSA shall be responsible for securing insurance for any inventory owned by the Association. The CITY will not allow unsupervised admission to the concession stand during non use hours by SGSA. Shana Yelverton, City Manager February 26, 2007 Page 13 The CITY will furnish SGSA appropriate keys, access codes, or other access items to permit SGSA access to the concession stand. SGSA agrees to not duplicate keys or issue access codes to anyone without the expressed authority of the CITY. The CITY shall be responsible for all water and electric bills for the concession stand. The CITY shall be responsible for underground utility line and pipes leading to and from the concession stand. The CITY is responsible for the building structure of the concession stand. The CITY shall be responsible for any mechanical maintenance or repairs on CITY owned equipment within the concession stand. The CITY reserves the right to utilize the concession stand when not in use by SGSA. CITY agrees to provide 48-hours notice to SGSA prior to such use. Modifications to the structure are strictly prohibited without the express written consent of the Director of Community Services. This includes, but is not limited to, screws, bolts, or anchors in walls, additional fixtures, counter top changes, and the mounting of items from the ceilings. Section 21. SAFETY AND SECURITY SGSA agrees to comply with safety and security requirements implemented by the CITY and designed to protect both the facility and the users. The CITY may install lightning prediction or detection system at any of the park facilities. When any warning notice is given indicating the presence of lightning within the parameters set by the instrumentation, SGSA shall immediately evacuate the fields and instruct persons to take appropriate shelter. The CITY may install an emergency warning notification system for impending hazardous situations (tornado warnings, hail, chemical spills, etc.). SGSA agrees to comply with the notification warning system. When any warning notice is given under these conditions, SGSA shall immediately evacuate the fields and instruct persons to take appropriate shelter. The CITY may install a camera system for purposes of maintenance and security. SGSA agrees to use the lock and security system as outlined by the CITY. Such system may include combination locks, electronic locks, magnetic locks, or any other system determined by the CITY to be appropriate. Section 22. DEFAULT If either party, CITY or SGSA, 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. Shana Yelverton, City Manager February 26, 2007 Page 14 Section 23. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement, and will be construed according to its ordinary meaning, and shall not be construed for or against either party based upon authorship. Section 24. NOTICE The addresses of the parties for notice purposes are as follows: City of Southlake Director of Community Services 400 North White Chapel Southlake, Texas 76092 SGSA President P.O. Box 92643 Southlake, Texas 76092 Section 25. NO AGENCY RELATIONSHIP SGSA agrees and understands that nothing in this agreement shall be construed to make the SGSA an agent of the CITY, that the SGSA shall at all times be an independent association, and that the City is not directing the manner of the activities of the SGSA, and the SGSA shall not represent to any person or participant that its activities are sponsored, in whole or in part, by the CITY. This Agreement is made and entered into on the__________day of ___________, 2007. CITY of SOUTHLAKE _____________________________ by:___________________________ Lori Farwell, CITY Secretary Andy Wambsganss, Mayor CITY of Southlake _____________________________ ____________________________ Approved as to form President CITY Attorney Southlake Girls Softball Association This Agreement approved by the Board of Directors, Southlake Girls Softball Association, and entered into the minutes of the Board meeting held ______________, 20___. _____________________________ Secretary Southlake Girls Softball Association Shana Yelverton, City Manager February 26, 2007 Page 15 SOUTHLAKE GIRLS SOFTBALL ASSOCIATION APPENDIX "A" 2007 FIELD REQUIREMENTS SPRING Division Opening Estimated League Weeks of Days of Practices Day Teams Games Season Tournament per Week 6u 8u 10u 12u 14u 16u 18u SPRING FIELD REQUIREMENTS: Fields Practice Dates Game Dates Bob Jones Field #1 Bob Jones Field #2 Bob Jones Field #3 Bob Jones Field #4 Bob Jones Field #5 Bob Jones Field #6 Koalaty Park (2 Fields) NO GAMES FALL Division Opening Estimated League Weeks of Days of Practices Day Teams Games Season Tournament per Week 6u 8u 10u 12u 14u 16u 18u SPRING FIELD REQUIREMENTS : Fields Practice Dates Game Dates Bob Jones Field #1 Bob Jones Field #2 Bob Jones Field #3 Bob Jones Field #4 Bob Jones Field #5 Bob Jones Field #6 Koalaty Park (2 Fields) NO GAMES Shana Yelverton, City Manager February 26, 2007 Page 16 SOUTHLAKE GIRLS SOFTBALL ASSOCIATION APPENDIX "B" SEASON AND HOURS The following are approximate dates for significant activities: SPRING 2007 FALL 2007 Coach Look Practice Begins Opening Day End of Regular Season Tournament Play The seasons of this Agreement shall be Spring Season (February 12 - May 26) Fall Season (August 25 – November 11) and tournaments on the days of Monday through Sunday as shown on Appendix B – SGSA Seasons and Hours. SGSA 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. Lights will be turned out at 10:30 p.m. on Exception: Times for usage Sunday through Thursday, and 11:30 p.m. on Friday and Saturday. of lights and fields may be modified for tournament play with prior notification and permission from the Director of Community Services. The General Schedule for the seasons and tournaments shall be included in Appendix B. The seasons and tournament dates may be adjusted from time to time based upon mutual agreement of the CITY and SGSA. The CITY shall make a good faith effort to coordinate with SGSA in determining the most appropriate premises and field use dates as set out in Appendix B. Such dates are subject to the approval of and modification by the CITY. Shana Yelverton, City Manager February 26, 2007 Page 17 Appendix C