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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