Item 5ICity 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 Girls
Softball Association (SGSA)
Action Requested: City Council authorization of the renewal of a facilities utilization agreement
with Southlake Girls Softball Association through March 31, 2007.
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.
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 Girls Softball 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 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
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 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
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
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.
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
July 11, 2006
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
July 11, 2006
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
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.
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 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 SGSA 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 SGSA.
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 SGSA) 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,
SGSA 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 SGSA for expenditures by SGSA
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 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
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 SGSA 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 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.
Shana Yelverton, City Manager
July 11, 2006
Page 10
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
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.
Shana Yelverton, City Manager
July 11, 2006
Page 11
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
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.
Shana Yelverton, City Manager
July 11, 2006
Page 12
CITY Staff Guidelines for Implementation
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.
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 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
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 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.
Shana Yelverton, City Manager
July 11, 2006
Page 13
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.
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.
Shana Yelverton, City Manager
July 11, 2006
Page 14
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.
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
Shana Yelverton, City Manager
July 11, 2006
Page 15
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
2004.
CITY of SOUTHLAKE
Lori Farwell, CITY Secretary
Approved as to form
CITY Attorney
by:
Andy Wambsganss, Mayor
CITY of Southlake
President
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