Item 5CMEMORANDUM
December 22, 2004
TO: Billy Campbell, City Manager
FROM: Malcolm Jackson, Director of Community Services
SUBJECT: Approve the proposed amended Interlocal Agreement with CISD for Park,
Playground, and Other Recreational Facilities
Action Requested: City Council approval of the proposed amended Interlocal Agreement
with CISD for Park, Playground, and Other Recreation Facilities.
Background
Information: The City of Southlake and the Carroll Independent School District (CISD)
currently have in place an interlocal agreement for the joint use of
facilities. The Agreement was last updated on March 5, 2002. Periodically
the agreement is reviewed in order to allow an opportunity to revise the
document in regards to facilities, procedures, operations, and any other
pertinent items.
Following JUC review and staff evaluation of the document, only minor
amendments are suggested which include:
Revision to Section I — Scheduling, referring to review and
update of Exhibit A
Addition of Section IV — Joint Use Cost Sharing, referring to
the Joint Utilization Analysis Option #3 as approved
Update of Exhibit A — Joint Use Facilities
The proposed amended Interlocal Agreement is anticipated to be
considered by the CISD Board of Trustees at their upcoming January 24,
2005 meeting.
Financial
Considerations: Financial considerations would reflect the approved Option #3 as
approved by City Council in the Joint Utilization Analysis report and
included in the proposed amendments to the Interlocal Agreement under
Section IV - Joint Use Cost Sharing.
Financial Impact: Funding for Section IV — Joint Use Cost Sharing, as included in the
proposed Interlocal Agreement, is included in the adopted fiscal year
2004 -05 City budget. Fees for aquatic programs and a portion of the CIS
field use fees would be passed through to the CISD as stipulated under
existing terms.
Billy Campbell, City Manager
December 22, 2004
Page 2
Citizen Input/
Board Review: The Joint Utilization Committee considered this item and recommended
approval (6 -0) at their December 9, 2004 meeting.
The City Council reviewed and approved Option 93 of the Joint
Utilization Analysis Report at their October 5, 2004 meeting.
The Interlocal Agreement for Park, Playground, and Other Recreation
Facilities was last amended and approved on March 5, 2002.
Legal Review: Proposed amendments to the Interlocal Agreement for Park, Playground,
and Other Recreation Facilities have been reviewed by the City's attorney.
Alternatives: Alternatives include:
City Council decision to approve the proposed Interlocal
Agreement as presented
City Council decision to approve the proposed Interlocal
Agreement with comment
City Council decision to not approve the proposed Interlocal
Agreement as presented
Supporting
Documents: Supporting documents include:
Proposed Interlocal Agreement for Park, Playground, and Other
Recreation Facilities (redline / strikethrough version)
Staff
Recommendation: City Council approval of the proposed amended Interlocal Agreement
with CISD for Park, Playground, and Other Recreation Facilities.
INTERLOCAL AGREEMENT FOR PARK,
PLAYGROUND AND OTHER RECREATION FACILITIES
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is made by and between the City of Southlake, a home rule municipality,
acting herein by and through its duly authorized Mayor, hereinafter referred to as the "City," and
the Carroll Independent School District, a special purpose unit of government organized and
acting under the laws of the State of Texas, acting herein by and through its duly authorized
Board of Trustees, hereinafter referred to as the 'District."
WITNESSETH:
WHEREAS, the District presently maintains and operates several school campuses,
athletic facilities, and playgrounds in the City and plans for more school sites, athletic facilities,
and playgrounds in the City in the future; and
WHEREAS, the City presently maintains and operates several parks, athletic facilities,
and playgrounds and plans for more parks, athletic facilities, and playgrounds in the future; and
WHEREAS, both the City and the District have determined the need for providing
certain recreational facilities for schools, as well as for the general public; and
WHEREAS, both the City and the District have recognized that the joint use of school
recreational facilities and City recreational facilities can benefit both entities, recognizing that
school properties and facilities are intended primarily for school purposes and that the
educational needs of children are the highest priority; and
WHEREAS, the District, through its Board of Trustees, desires to continue to cooperate
with the City, through its City Council, in the joint construction, funding, operation, maintenance
and /or use of certain recreational joint -use facilities for the enjoyment and benefit of all citizens.
NOW, THEREFORE, for and in consideration of the mutual premises herein contained,
the mutual benefits flowing to both the City and the District and other good and valuable
consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the
City and the District do hereby contract, covenant, warrant and agree as follows:
I. SCHEDULING
(A) The District Superintendent or his or her designee and the City Manager or his or her
designee shall be responsible for implementing and administering the scheduling policies of this
Agreement.
(B) The City shall be entitled to use the District recreational properties listed on Exhibit "A"
attached hereto (hereinafter referred to as the 'District Property "). The District shall be entitled to
use the City recreational properties listed on Exhibit "A" attached hereto (hereinafter referred to as
the "City Property "). Exhibit " shall be reviewed and updated as needed may, and approved
by the District Superintendent and the City Manager.
(C_The City shall be entitled to priority use of the District Property upon approval by the
District of a schedule of City activities and programs. A schedule of City activities and programs
utilizing District Property shall be submitted three times per year in accordance with the following
schedule:
Summer June - August): submit by January 31; approved b y Feb 15
Winter (September — December submit by . ril 30 approved by May 15
Spring January - submit by September 30 approved by October
15
The District shall approve the schedule as submitted, or with any modifications deemed necessary
by the District. The City may use the District Property for its authorized activities and programs;
and if available, for activities and programs not on the approved schedule.
(D) The District shall be entitled to priority use of the City Property upon approval by the
City of a schedule of District activities and programs. A schedule of District activities and programs
utilizing City Property shall be submitted three times per year in accordance with the following
schedule:
Summer (June - August): submit by January 31; approved by Feb 15
Winter (September — December) submit by April 30; approved by May 15
Spring (January - May) submit by September 30; approved by October
15
The City shall approve the schedule as submitted, or with any modifications deemed necessary by
the City. The District may use the City Property for its authorized activities and programs, and if
available, for activities and programs not on the approved schedule.
II. SCHEDULE CHANGES
The District Superintendent and his or her designee and the City Manager and his or her
designee are authorized to make changes to the approved schedule of activities as they may agree
upon throughout the term of this Agreement.
III. PUBLIC RESERVATIONS
Reservations of the joint -use facilities may be made by the general public on a first -come,
first -serve basis, subject to the prior scheduling by the District and City. All reservations for joint -
use facilities as outlined in Exhibit "A" will be coordinated through the owner of the facility, be it
the District or City.
IV. JOINT USE COST SHARING
City shall pay to District costs resulting from the direct impact of joint use at District
facilities. City would pay the annual fee to the District based on the previous year's actual
facility usage, utility costs (gas and electric), and maintenance and operating costs. The fees
would be calculated using the methodology presented in Exhibit D of the approved Joint
Utilization Analysis dated September 13, 2004 to include frequency of use, square footage
allotments, and site specific utility costs.
LVV. MINOR MAINTENANCE
Generally, the District shall be responsible for maintaining the District Property; and the City
shall be responsible for maintaining the City Property. Maintenance will include, but is not limited
to, janitorial services; utilities; minor (less than $5,000) maintenance, repair, or replacement; and
general upkeep and grounds care. The user of the facility shall have the option to perform the minor
repairs under their applicable procedure, and shall notify the owner of any repair work performed.
Minor maintenance (under $5,000) of joint -use facilities should be performed using the
applicable work order procedure of the City or District. General oversight of maintenance costs of
such joint -use facilities will be the responsibility of a Joint -Use Management Committee consisting
of the City Manager and /or his designee, and the District Superintendent and /or his designee, who
shall meet on a quarterly basis. Specific minor maintenance costs for which cost - sharing will be
addressed by the Committee are listed in an exhibit attached hereto as Exhibit "B ". For planning
purposes, the District shall submit a Summer schedule for maintenance items to the City no later
than December 31 of each year.
VI. MAJOR MAINTENANCE
Major maintenance, repair, replacement, or improvements of joint -use facilities, which cost
over $5,000 per occurrence, and only if approved by the District and the City, will be the joint
responsibility of the District and the City. If either party declines, then the other parry has the right
to perform the maintenance, repair, replacement, or improvement, and assume the full financial
responsibility thereof.
The District and City budgeting process should allocate for major planned maintenance
needs. General oversight of maintenance costs of such joint -use facilities will be the responsibility of
a Joint -Use Management Committee consisting of the City Manager and /or his designee, and the
District Superintendent and /or his designee, who shall meet on a quarterly basis. Specific major
maintenance costs for which cost - sharing will be addressed by the Committee are listed in an exhibit
attached hereto as Exhibit "B ".
VII. USER RESPONSIBILITIES
The user of a joint -use facility shall furnish and supply all materials and supplies necessary
for carrying out its program and shall be subject to the reasonable rules and regulations set by the
respective governing body, or other designated entity, of the City and /or District. At the completion
of each use, the party responsible for supervision of an activity at a joint -use facility is responsible
for performing minor janitorial, grounds- keeping, and security duties as specified in an exhibit
attached hereto as Exhibit "C ".
VIII. INDEMNIFICATION
With respect to the District Property, the City does hereby agree, insofar as permitted by law,
to hold harmless the District from any claims, damages, injuries, lawsuits, or causes of action arising
out of or in any way connected with the use of the District Property for a City activity during the
time the City is conducting the activity on the District Property.
With respect to the City Property, the District does hereby agree, insofar as permitted by law,
to hold harmless the City from any claims, damages, injuries, lawsuits, or causes of action arising
out of or in any way connected with the use of the City Property for a District activity during the
time the District is conducting the activity on the City Property.
Each liability insurance policy carried by the District and by the City, shall name the other
party as an additional insured with respect to joint use facilities, to the extent as permitted by law.
hA%A'
The term of this Agreement shall be for a period of twenty (20) years beginning from the
date of execution of this Agreement. This Agreement shall be automatically extended for additional
five (5) year periods, unless terminated in writing by either party at least sixty (60) days prior to the
end of the original term or any extension thereof.
If either party wishes to discontinue this Agreement at any time other than that specified in
the previous paragraph, written notice with reason to terminate, must be given at least six (6) months
prior to termination.
If the term of any addenda attached hereto remains in full force and effect past the
termination date of this agreement, then this agreement shall also remain in full force and effect until
expiration or termination of the addenda.
This Agreement and exhibits shall be reviewed by both parties on an as needed basis.
IX. ENCUMBRANCES
Neither party to this Agreement shall, without first obtaining written consent of the other
party, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet the
District Property or City Property or any part thereof.
XI. CLAIMS
Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or
immunities provided to the parties under the Texas Tort Claims Act, Sections 10 1. 00 1 et seq., of the
Texas Civil Practice and Remedies Code.
XII. ADDENDA
The parties agree to continue to search for new areas of cooperation and to that end shall
meet together regularly, along with interested community groups and appropriate City and District
administrative officials. The parties may enter into separate "joint utilization agreements" for the
construction of joint -use facilities where such activities are deemed to be in the best interests of the
parties. Each joint utilization agreement shall set forth the specific terms and conditions under
which such activities are to be conducted.
Separate "joint utilization agreements" for operation, maintenance, and /or use of joint -use
facilities may be entered into as addenda to this agreement, when such activities are deemed to be in
the interests of the parties. These addenda shall identify exceptions or additional requirements to
this agreement as may be deemed necessary and proper.
XIIL ADDITIONAL AGREEMENTS
This Agreement contains all of the agreements made by and between the parties hereto
regarding the use of District Property and City Property and no additional agreements or
understandings shall be applicable to the use of District Property or City Property unless first agreed
to, in writing, by the parties.
XIVII. VENUE
This Agreement and all of its terms and provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas. In the event that a lawsuit is filed
by either party arising out of the terms and provisions of this Agreement, venue for the lawsuit shall
be in Tarrant County, Texas.
XVILV. AUTHORIZATION
The undersigned officers of the parties are the properly authorized officials and have the
necessary authority to execute this Agreement on behalf of the parties. Each party hereto certifies to
the other that any necessary resolutions or orders extending said authority have been duly passed and
are now in full force and effect.
Executed this day of
CITY OF SOUTHLAKE (CITY)
200 -24 in Tarrant County, Texas.
CARROLL INDEPENDENT
DISTRICT (CISD)
By: By:
Andy Wambsganss, Mayor
Dale Crane, President
Board of Trustees
SCHOOL
Date:
ATTEST.•
City Secretary
Date:
ATTEST.•
Deborah Frazier, Secretary
Board of Trustees
Exhibit A - Joint Use Facilities
DISTRICT PROPERTY
Carroll Elementary Location
I Backstop practice area South of Building
2 Soccer practice fields (south of building) South of Building
Open Field South of practice field
Gym
Outside Basketball Courts
Durham Elementary/Intermediate
Location
Gym Office /Storage
Gym /Recreation Center
Exercise Room
Cafetorium
I Soccer Game Field
North of Building
2 Soccer practice fields
East of Building
2 Backstop practice areas
East of Building
Outside Basketball Court
South & North End
4 Classrooms
Johnson Elementary Location
Backstop practice areas East - behind playground
2 Soccer practice fields (east of building) East - behind playground
Gym
Open Area North of Building
Old Union Elementary Location
Open play area (soccer fields) West - across channel
Backstop practice area South of visitors parking
Rockenbaumh Elementary Location
2 Soccer practice fields East of Building
2 Backstop practice areas East of Building
Gym
Cafeteria
Carroll Intermediate Location
Six (6) outdoor basketball goals
Football field
Gym
Activity Room (Not on original list)
Practice ball field (lighted) West of football field
Exhibit A -Joint Use Facilities (continued)
Carroll Middle School
Gym I
Gym 2
Activity Room
Gym Office /Storage
2 practice fields
2 football fields
Eubanks Intermediate and Dawson Middle
Gymnasium
Multi purpose fields
Cafeteria
CITY PROPERTY
Bicentennial Park
Community Center
The Lodge
7 Ballfields (lighted)
2 concession stands
2 public tennis courts
Tennis Center (13 tennis courts)
3 outdoor basketball courts
Adventure Alley playground
Pavilions
In -line hockey facility (lighted)
42 backstop practice areas
Open field (near 1709 entrance)
Bob Jones Park
13 soccer fields
6 of soeeer go
Six lighted softball fields
Four softball batting cages
Pavilion
Playground
Two concession stands
Amphitheater
Day camp area
Location
South & West of
Dragon Stadium
South & West of
Dragon Stadium
T nr"tin"
Eubanks Intermediate
Southwest corner of
property
Chesapeake Park
Playground
Koala Park (Adjacent to Carroll Elementary)
4 Backstops
Lonesome Dove Park (Near Carroll Middle School)
Pavilion
Playground
Open field
St. Martins in the Field
2 practice soccer fields
I practice backstop
Additional facilities not listed may be utilized on an as needed basis if agreed upon by the
designees representing both parties. The request may include classrooms, gymnasiums, fields,
activity rooms, etc.
Exhibit B — Annual Maintenance Cost - Sharing
Minor (Under $S, 000)
• Preparation of gym floors and re- application of gym floor finishes, twice yearly Carpet
cleaning Repainting
• Repairing or replacing damaged backboards, goals, and other shared sports equipment
• Soil additions for joint -use fields
• Seeding and other turf improvements necessary for all- season use
• Other minor damage to property or equipment directly caused by a joint -use activity
• Minor improvements to property or equipment, in an existing joint -use facility, which
benefits both the District and the City
Major (Over $S, 000)
• Resurfacing and restriping gym floors
• Carpet replacement
• Irrigation installations and maintenance
• Outdoor lighting installations and maintenance
• Other major damage to property or equipment directly caused by a joint -use activity
• Major improvements to property or equipment, in an existing joint -use facility, which benefit
both the District and the City
Exhibit C — Event Supervisor's Facility Duties
The supervisor of a joint -use event is required to complete an Event Report Form, which includes a
checklist of tasks to be completed immediately following each joint -use event. The Event Report
Form is to be left with the facility owner in a designated location following each joint -use event.
The checklist of tasks should consist of the following details.
Janitorial
• Sweep floors and mop -up spills
• Check entire area, including restrooms, for litter
• Flush all toilets and urinals, and make sure each one shuts off
• Check all lavatories and water faucets to make sure water is shut off
• Empty all trash into dumpsters
• Turn off lights, if there are no other events scheduled immediately
• Report any damages of faulty equipment on the Event Report Form
Grounds- keeping
• Pick up all litter
• Empty all trash into dumpsters
Security
• Check all perimeter doors, and secure them
• Report any unsecured areas or damaged locks to the facility owner or designee
Some maintenance items must be addressed immediately in order to safeguard against flooding fire,
safety, or security incidents. Report such items to the facility owner or designee immediately.
Emergency phone numbers are to be provided by the City and the District for each event supervisor.
Exhibit C — Event Supervisor's Facility Duties
Event Report Form
Event Supervisors must complete all tasks listed below. When completed, return this form to the
designated location for this facility.
CHECKLIST
Sweep floors and mop -up spills.
Check entire area, including restrooms, for litter. Discard all liter into proper
containers.
Check all perimeter doors and gates and secure them properly.
Flush all toilets and urinals, and make that each of them shuts off.
Check all lavatories and water faucets to make sure that water is shut off
Empty all trash into dumpsters.
Turn off lights (if your group is the last one using the facility).
REPORT
Please list any damage to the facility or equipment:
Please list any other needs pertinent to the maintenance of this facility:
Lost and Found Items /Other:
Name of Event
Supervisor's Signature
Date