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Item 5GCity of Southlake, Texas MEMORANDUM July 11, 2006 TO: Shana Yelverton, City Manager FROM: Steve Polasek, Director of Community Services SUBJECT: Authorize the renewal of a facilities utilization agreement with Southlake Baseball Association (SBA) Action Requested: City Council authorization of the renewal of a facilities utilization agreement with Southlake Baseball Association through March 31, 2007. Background Information: The City of Southlake coordinates with the Southlake Baseball 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. At the July 13, 2004 City Council meeting staff submitted, and the Council approved, the current facilities utilization agreements to include the option for two additional renewals for twelve month periods. The proposed recommendation is to renew the agreement in its current form through March 31, 2007 with the intent to discuss potential changes with each association and develop a revised agreement prior to the start of the Spring 2007 seasons. This will allow staff to review with each association various aspects of the agreements to include potential changes in relation to some of the benchmark cities in the area (Hurst, Euless, Colleyville, and Grapevine) and address additional revenue opportunities, user fees, renewal process, maintenance, and scheduling. Once this process is complete (proposed January of 2007) staff will bring the proposed changes back to the City Council for review and consideration. Financial Considerations: None Financial Impact: None Citizen Input / Board Review: Parks Board recommended approval (8 -0) at their July 10, 2006 meeting. Staff has met with the associations in individual meetings to discuss and advise of the potential for proposed changes prior to the Spring 2007 seasons. Shana Yelverton, City Manager July 11, 2006 Page 2 Legal Review: The 2004 facilities utilization 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 renewal • Modifications to the agreement • Non - approval of the renewal Supporting Documents: Supporting document includes the following items: • Approved 2004 Facilities Utilization Agreement Staff Recommendation: City Council authorization of the renewal of a facilities utilization agreement with Southlake Baseball Association through March 31, 2007. Shana Yelverton, City Manager July 11, 2006 Page 3 CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2004 FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the CITY of Southlake, Texas, herein called "CITY," and the Southlake Baseball Association, herein called "SBA ". 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 SBA 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 "SBA Field Requirements." Facilities listed in Appendix A are herein called "Premises" in accordance with the terms of this Agreement. SBA 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 SBA and the other sports associations holding similar agreements with the CITY, and after consultation with SBA 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 SBA 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 — SBA Seasons and Hours. SBA 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 July 11, 2006 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 SBA. The CITY shall make a good faith effort to coordinate with SBA 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 This agreement will be effective the date signed by the Mayor. At the CITY's option and with mutual agreement by SBA, the agreement may be renewed annually for a period of twelve (12) months for two additional terms by giving the SBA written notice. If the CITY elects to so renew this agreement, SBA shall update and submit any documents required in accordance with terms and conditions of this agreement. The documents which the SBA 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 SBA 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 SBA has permission to use the premises may SBA request a voluntary donation for admission to events other than regularly scheduled league games. SBA agrees to provide signs clearly indicating that donations are not required, and that donations are requested only for the SBA activity then occurring on the premises. SBA shall not assign this agreement nor shall it rent out any property of the CITY without prior written consent of the CITY. SBA reserves the right to charge fees to teams outside of SBA 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 SBA 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. SBA shall make reasonable efforts to ensure compliance with existing animal control regulations by their organizational member participants during SBA activities. SBA 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. SBA shall immediately report any violations observed and not immediately corrected to on -duty park staff or Shana Yelverton, City Manager July 11, 2006 Page 5 the Southlake Department of Public Safety when such acts create a nuisance, a risk to patrons, or a threat of property damage. SBA shall advise all officials, coaches, participants, and organization members that any violations of disorderly conduct or assaults are unacceptable and will not be tolerated. SBA agrees to assist officials in maintaining order and good conduct and will assist in prosecution when applicable. Section 6. PERMISSION FOR INSTALLATION OR CONSTRUCTION SBA, 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 SBA and the CITY from entering into a separate agreement regarding endorsements, or other activity not specifically regulated under this agreement. Section 7. INDEMNITY THE SBA AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN SBA ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE SBA UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE SBA 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 SBA HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE SBA HEREUNDER. THE SBA 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 SBA SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. SBA 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 SBA CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SBA 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 PARAGRAPH XIII OF THIS AGREEMENT. Shana Yelverton, City Manager July 11, 2006 Page 6 Section 8. FOOD SERVICE If applicable, SBA shall ensure that all food or drink prepared, served, sold, or stored by or on behalf of SBA 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 SBA which shall automatically amend this agreement accordingly. Section 9. DOCUMENTS AND OFFICERS SBA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by -laws of SBA. Names, addresses and phone numbers of all officers and board members of SBA 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 SBA 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 SBA activities are not scheduled. If SBA 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 SBA'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 SBA 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 SBA. Section 11. FIELD MANAGER SBA 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 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, Shana Yelverton, City Manager July 11, 2006 Page 7 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 SBA 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 SBA or designee. Nothing contained herein is intended to limit the ability of the City and SBA 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 SBA, at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SBA 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 SBA'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. SBA 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 SBA at the CITY of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. SBA 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 July 11, 2006 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. SBA 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 SBA agrees to be assessed by the CITY a field usage fee of $8.00 per player per season to help offset the costs for lighting and maintaining game fields in playing condition. The CITY requires payment of 50% of the assessed fee at the same time as SBA provides the official final roster. 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. CITY may allow "credits" towards the remaining balances based only on these specific guidelines: A. Volunteer time under an organized and CITY - coordinated, project- specific activity based on $5 per volunteer hour and with prior approval of the CITY as determined by the Director of Community Services or designee. (Age limits may apply at the discretion of the CITY.) B. Actual out -of- pocket expenses for the purchase of specific supplies requested or approved by the CITY's park maintenance supervisor when those supplies would be used solely for the fields related to SBA. C. Actual out -of- pocket costs for equipment or improvements to the facility (excluding matching funds expenses and expenses otherwise normally expected to be paid by SBA) and with prior approval of the CITY as determined by Director of Community Services or designee. D. Matching funds projects are not included or accepted for credit towards said fees. E. No season -to- season carryover credits will be permitted. F. Balances are required to be reconciled with the official final roster and zeroed -out within two (2) weeks following the end of regular season play. If a balance of payment due to the CITY remains, SBA shall make such reconciled payment within two (2) weeks following the regular season. At no time shall the CITY be required to make any payment to SBA for expenditures by SBA except as based on recommendation by the Parks Board, and approved by the Southlake Parks Development Corporation when applicable, and the City Council. Shana Yelverton, City Manager July 11, 2006 Page 9 The City may request an audit of SBA 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 SBA shall comply with the Noise Ordinance at all times. Section 16. COMMISSIONER SBA agrees to provide a league representative on -site at each SBA organized league or tournament game held on premises. Section 17. EXHIBITS The CITY and SBA 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 — SBA Field Requirements • Appendix B — SBA Seasons and Hours • Appendix C — Request for maintenance / work order Section 18. MAINTENANCE For purposes of this section, the CITY may allow credits as outlined in Field Usage Fee for maintenance and repairs conducted by SBA in accordance with the terms and conditions stated therein. 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 SBA. If SBA 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. SBA shall provide line chalk /paint for its own additional uses and may line fields as needed in addition to the above. Shana Yelverton, City Manager July 11, 2006 Page 10 The CITY may permit members of SBA to limited access to and use of city -owned field maintenance equipment for the purposes of SBA 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. SBA 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. SBA agrees to pay for any damage or repairs of malfunctions occurring during SBA use of such equipment, whether by abuse or any other cause. The CITY agrees to permit SBA 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. SBA 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. SBA 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. SBA 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 SBA 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. SBA 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 SBA. The CITY may require additional temporary trash dumpsters and toilet facilities for special events expected to draw larger than normal attendance. SBA 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. SBA shall be prohibited from performing any maintenance to any turf areas without permission from the CITY. SBA will provide all necessary maintenance equipment, used for its own purposes, not specifically named in this Agreement. Shana Yelverton, City Manager July 11, 2006 Page 11 SBA 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 SBA 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. SBA agrees to keep the lights secured when not in use by SBA. 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 p.m. After games have begun and inclement weather becomes a factor, SBA 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 SBA 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 7:00 a.m. for Sunday a.m. and by Noon for the p.m. games. The SBA Field Manager will be notified immediately of any field closures. After games have begun and inclement weather becomes a factor, SBA officials shall follow the same guidelines for deciding cancellation or postponement. Shana Yelverton, City Manager July 11, 2006 Page 12 The City will coordinate with SBA 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. SBA shall be responsible for any damage created by play taking place on a field that was closed due to field conditions. Nntifiratinnc 1. The appropriate SBA Field Manager has the responsibility to notify the SBA and the participants about the field closure decision. 2. The CITY staff will place notification of field conditions on the "field condition" phone line (817 -481- 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 SBA 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 park staff. If 24 -hour notice is not received the field may not be prepared for use. 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. Section 20. CONCESSIONS The CITY may allocate specific vending facilities for use by SBA. Such allocations of facilities are at the sole discretion of the CITY. SBA 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 SBA. The CITY shall provide thirty (30) days notice to SBA regarding the effective date of such an agreement and SBA 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. SBA 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 Shana Yelverton, City Manager July 11, 2006 Page 13 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. SBA 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. SBA 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. SBA 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. SBA 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. SBA shall be responsible for the upkeep and maintenance of SBA owned equipment. SBA 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 SBA with the exception of any equipment purchased in part by the CITY which shall then be owned in full and maintained by the CITY. SBA 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 SBA. The CITY will furnish SBA appropriate keys, access codes, or other access items to permit SBA access to the concession stand. SBA 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 SBA. CITY agrees to provide 48 -hours notice to SBA prior to such use. Shana Yelverton, City Manager July 11, 2006 Page 14 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 SBA 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, SBA 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.). SBA agrees to comply with the notification warning system. When any warning notice is given under these conditions, SBA 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. SBA 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 SBA, 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 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 Shana Yelverton, City Manager July 11, 2006 Page 15 SBA President P.O. Box 92671 Southlake, Texas 76092 Section 25. NO AGENCY RELATIONSHIP SBA agrees and understands that nothing in this agreement shall be construed to make the SBA an agent of the CITY, that the SBA shall at all times be an independent association, and that the City is not directing the manner of the activities of the SBA, and the SBA 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 2004. CITY of SOUTHLAKE Lori Farwell, CITY Secretary Approved as to form CITY Attorney by: Andy Wambsganss, Mayor CITY of Southlake President Southlake Baseball Association This Agreement approved by the Board of Directors, Southlake Baseball Association, and entered into the minutes of the Board meeting held , 20 Secretary Southlake Baseball Association