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2011-01-25 CIT O r SOUTHLAKE T Y TEXAS SPECIAL CITY COUNCIL MEETING MINUTES: JANUARY 25, 2011 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Happold, Deputy Director of Community Services Kerry McGeath, Assistant to the Director of Community Services Candice Sanders, Marketing and Tourism Coordinator Jill Lind, Director of Finance Sharen Jackson, Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Jenny Crosby, Chief of Fire Services Mike Starr, Fire Marshal David Barnes, Chief of Police Services Robert Finn, Director of Public Works Robert Price, City Attorney Cara White, and Interim City Secretary Tara Brooks. WORK SESSION: Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor Terrell at 5:05 p.m. Agenda Item No. 2. Invocation. Zach Polyack from Southlake Baptist Church gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3A. Present update on Multipurpose Facility Feasibility Study. Director Tribble introduced the consultants: Ken Berren and Steve Blackburn from Barker Rinker Seacat, Steve Todd from BWR, and Ken Ballard from Ballard King. Mr. Blackburn presented the study to Council. Mr. Blackburn, Mr. Todd and Mr. Ballard answered Council's questions. Agenda Item No. 5. Discuss all items on tonight's meeting agenda. No action was taken during the Work Session and each item was considered during the Regular Session. Council reviewed the items on the Consent Agenda. SPECIAL CITY COUNCIL MEETING MINUTES, JANUARY 25, 2011 Page 1 of 8 REGULAR SESSION: Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to order by Mayor Terrell at 6:03 p.m. Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:03 p.m. Executive Session began at 6:20 p.m. and ended at 7:19 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:29 p.m. and asked if any action was necessary from Executive Session. No action was necessary. CONSENT AGENDA: Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. Agenda Item No. 4A. Resolution No. 11 -002, Request the realignment of United States Postal Service Zip Code Boundaries to include the west side of the City for addresses located in Southlake but receiving mail delivery from Keller. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, SUPPORTING THE REALIGNING OF POSTAL ZIP CODE BOUNDARIES TO INCLUDE THE WEST SIDE OF THE CITY FOR THOSE ADDRESSES LOCATED IN SOUTHLAKE, RECEIVING MAIL DELIVERY FROM KELLER, TEXAS Agenda Item No. 4B. Ordinance No. 986, 1 Reading, Adopting the 2009 Edition of the International Residential Code for One- and Two - Family Dwellings, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all one- and two- family dwellings and multiple single- family dwellings (townhouses). A presentation was not made on this item. Agenda Item No. 4C. Ordinance No. 987, 1 Reading, Adopting the 2009 Edition of the International Building Code, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures, except for one- and two - family dwellings and multiple single family dwellings (townhouses) and including the SPECIAL CITY COUNCIL MEETING MINUTES, JANUARY 25, 2011 Page 2 of 8 National Electrical Code as referenced herein. A presentation was not made on this item. Agenda Item No. 4D. Ordinance No. 988, 1St Reading, An Ordinance Adopting the 2009 Edition of the International Energy Conservation Code, regulating the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service waterheating and illumination systems and equipment. A presentation was not made on this item. Agenda Item No. 4E. Ordinance No. 931A, 1 Reading, An Ordinance Texas, Amending Chapter 15, Article III, "Fire Code" of the Code of Ordinances of the City of Southlake, Texas, by Adopting the 2009 Edition of the International Fire Code, repealing Ordinance Number 931 and repealing all ordinances in conflict herewith. A presentation was not made on this item. Agenda Item No. 4F. Ordinance No. 989, 1 Reading, An Ordinance Adopting the International Fuel Gas Code, 2009 Edition, providing for the adoption of local amendments thereto. A presentation was not made on this item. Agenda Item No. 4G. Ordinance No. 990, 1 Reading, An Ordinance Adopting the International mechanical Code, 2009 Edition, providing for the adoption of local amendments thereto. A presentation was not made on this item. Agenda Item No. 4H. Ordinance No. 991, 1 Reading, An Ordinance Adopting the International Plumbing Code, 2009 Edition; providing for the adoption of local amendments thereto. A presentation was not made on this item. Agenda Item No. 41. Ordinance No. 996, 1 Reading, Amendment to the 2009 Edition of the International Building Code, Appendix J to include regulations for the management procedures and practices for the storage of soil stockpiles. A presentation was not made on this item. Agenda Item No. 4J. Resolution No. 11 -006, Suspending the February 14, 2011, effective date of Oncor requested rate change to permit the City time to study the request and to establish reasonable rates. A presentation was not made on this item. Agenda Item No. 4K. Ordinance No. 994, 1 Reading, an Ordinance adopting the Economic Development and Tourism Strategic Plan Component of the Southlake 2030 Plan, the City's Comprehensive Plan Update. A presentation was not made on this item. Agenda Item No. 4L. Approve a Community Event Participation Agreement for Art in the Square. Marketing and Tourism Coordinator Lind answered Council's questions on this item during the work session. SPECIAL CITY COUNCIL MEETING MINUTES, JANUARY 25, 2011 Page 3 of 8 Agenda Item No. 4M. Ordinance No. 928, 1 Reading, Continuing Ordinance No. 928 Article VII of Chapter 15 of the Southlake Code of Ordinances "Curfew Hours For Minors ". A presentation was not made on this item. Agenda Item No. 4N. Authorize the purchase of a Frazer Type I ambulance off the HGAC cooperative purchasing program in amount not to exceed $166,450. A presentation was not made on this item. Motion was made to approve the consent agenda items 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, 41, 4J, 4K, 4L, 4M, 4N, as presented. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public forum. Agenda Item No. 7A. Ordinance No. 480 -601 (ZA10 -060), 1 Reading, Zoning Change and Development Plan for Highland Park on property being described as Tract 1B02, W.W. Hall Survey, Abstract No. 687 and Lot 1 R2, Block 1, Southlake Assembly of God Addition and being located at 151 and 411 East Highland Street. Current Zoning: AG Agricultural Zoning District and CS Community Service Zoning District. Requested Zoning: R -PUD Residential Planned Unit Development Zoning District. SPIN Neighborhood #7. Director Baker presented this item to Council. Applicant Curtis Young, 1130 North Carroll Avenue, Southlake, Texas gave a presentation and answered Council's questions. Director Price answered questions about drainage. Motion was made to approve Ordinance No. 480 -601 (ZA10 -060), 1 Reading, Zoning Change and Development Plan for Highland Park noting the applicant's willingness to construct new fencing around the entire property; the new fencing will be the same as the fencing already built; the new fencing will meet up with the existing fencing and the applicant will work with the property owner to re -face the current fencing or will build another fence to back up to the existing fence; noting the upgraded entry mediums with the short columns; including the updated rendering of the pond that was presented this evening; and including Review Summary No. 2 dated November 12, 2010. Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 SPECIAL CITY COUNCIL MEETING MINUTES, JANUARY 25, 2011 Page 4 of 8 Agenda Item No. 9A. Approve a policy for the display of art in public facilities. Assistant City Manager / Director Blagg presented this item and answered Council's questions. Deputy Director McGeath answered Council's questions. Motion was made to send the policy for the display of art in public facilities back to the Arts Council. Motion: Hill Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 9B. Approve artists, concepts and contracts for art in the roundabouts. Assistant City Manager / Director Blagg presented this item and answered Council's questions. Motion was made to approve artists, concepts and contracts for art in the roundabouts, to include lighting. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 9C. Approve a Facilities Utilization Agreement with Grapevine Southlake Soccer Association. Director Tribble presented this item in conjunction with items 9D, 9E, and 9F and answered Council's questions. Mayor Pro Tem Hill and Councilmember Zito discussed the FUA meetings and process. Chris Burton, 1518 Overlook Drive, Grapevine, Texas submitted a card in support, but did not wish to speak. Russ Floyd, 1609 Regal Oaks Drive, Southlake, Texas submitted a card to speak on agenda item 9, but did not specify which item. He did stand up when his name was called during this item and indicated he was fine after the discussion by Council. Motion was made to approve the Facilities Utilization Agreement with the Grapevine Southlake Soccer Association, as presented, for a two year term. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 SPECIAL CITY COUNCIL MEETING MINUTES, JANUARY 25, 2011 Page 5 of 8 Agenda Item No. 9D. Approve a Facilities Utilization Agreement with Southlake Carroll Lacrosse Association. Director Tribble presented this item in conjunction with items 9C, 9E, and 9F and answered Council's questions. Mayor Pro Tem Hill and Councilmember Zito discussed the FUA meetings and process. Motion was made to approve the Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association for two years, noting that the hours for the North Park field will be included once it is completed. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 9E. Approve a Facilities Utilization Agreement with Southlake Baseball Association. Director Tribble presented this item in conjunction with items 9D, 9E, and 9F and answered Council's questions. Mayor Pro Tem Hill and Councilmember Zito discussed the FUA meetings and process. Motion was made to approve the Facilities Utilization Agreement with Southlake Baseball Association for a period of one year, after one year the agreement term will be for two years. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 9F. Approve a Facilities Utilization Agreement with Southlake Girls Softball Association. Director Tribble presented this item in conjunction with items 9D, 9E, and 9F and answered Council's questions. Mayor Pro Tem Hill and Councilmember Zito discussed the FUA meetings and process. John Maisto, 1909 Big Bend, Colleyville, Texas thanked the Council and commented on the issue of associations renting fields being rented. Mr. Maisto clarified they do not rent fields. Park Board Member, Tina Wasserman, 520 West Highland Street, Southlake, Texas addressed Mr. Maisto's comments. Motion was made to approve the Facilities Utilization Agreement with the Southlake Girls Softball Association for a period of one year, after one year the agreement term will be for two years. SPECIAL CITY COUNCIL MEETING MINUTES, JANUARY 25, 2011 Page 6 of 8 Motion: Hill Second: Morris Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Mayor Terrell called for a break at 9:26 p.m. Mayor Terrell reconvened the meeting at 9:41 p.m. Agenda Item No. 9G. SV10 -029, Variance to Sign Ordinance No. 704, as amended, for Mooyah Burgers & Fries located at 2225 West Southlake Boulevard. Planner Crosby presented this item to Council. Applicant Jeff Kullman, 605 Water Oak Drive, Plano, Texas, answered Council's questions. Director Baker answered Council's questions regarding the awning. Applicant Rick Sutton also answered Council's questions. Motion was made to approve SV10 -029, Variance to Sign Ordinance No. 704, as amended, for Mooyah Burgers & Fries granting the variance to the north elevation for 30 inches letters and granting the variance on the west side for 20 inches letters with no awning. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7 -0 Agenda Item No. 9H. SV11 -001, Variance to Sign Ordinance No. 704 as amended for Qdoba located at 2787 East Southlake Boulevard, Suite 100. Planner Crosby presented this item to Council. Applicant Steven Morris, 523 Rock Island Road, Grand Prairie, Texas answered Council's questions. Motion was made to approve SV11 -001, Variance to Sign Ordinance No. 704, as amended, for Qdoba granting the variances as requested and noting that the awning will be terra cotta. Motion: Hill Second: Morris Ayes: Hill, Morris, Muller, Terrell, Wang Nays: Bledsoe, Zito Approved: 5 -2 Agenda Item No. 91. SV10 -030, Variance to the 280 Sports Conditional Sign Permit for Spartan Sports located at 280 Commerce Street, Suite 130. This item was withdrawn prior to the Council meeting. Agenda Item No. 10A. Discuss expanding the role of the Council Wayfindinq Signage Committee to develop pedestrian- oriented signs for special events in Town Square and SPECIAL CITY COUNCIL MEETING MINUTES, JANUARY 25, 2011 Page 7 of 8 permanent SPIN meeting notification signs. City Manager Yelverton and Councilmember Muller presented this item. Council discussed this item. Agenda Item No. 10B. Discuss expanding the role of the Council Sign Ordinance Committee to review all aspects of Ordinance No. 704, as amended. City Manager Yelverton presented this item. City Council discussed this item. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.074, deliberation regarding personnel matters and Section 551.087. City Council adjourned for Executive Session at 10:35 p.m. Executive Session began at 10:40 p.m. and ended at 11:30 p.m. Reconvene. Mayor Terrell reconvened the regular meeting at 11:34 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 11:35 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: Cai9.fifi'd Tara Brooks Interim City Secretary SPECIAL CITY COUNCIL MEETING MINUTES, JANUARY 25, 2011 Page 8 of 8 Tara Brooks From: Jennifer Crosby Sent: Tuesday, January 25, 2011 4:04 PM To: Ken Baker; Tara Brooks Subject: FW: Sign Variance for Spartan Sports The applicant is withdrawing Item 91 on tonight's agenda. From: sethlibert@hotmail.com [mailto:sethlibert@ hotmail.com] On Behalf Of Seth Libert Sent: Tuesday, January 25, 2011 4:01 PM To: Jennifer Crosby Subject: Sign Variance for Spartan Sports Hi Jenny, I'm writing this letter to inform the City of Southlake that Spartan Sports is withdrawing its request for the sign variance. I appreciate the City Council's intention to discuss the topic further. Regards, Seth Libert, COO JETS Fitness Development, LLC C: 339.222.6372 1 9C -9F Page 1 of 63 CITY OF SOUTHLAKE REVISEDMEMORANDUM January 24, 2011 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services SUBJECT: Approve a Facilities Utilization Agreement with Grapevine Southlake Soccer Association, Southlake Carroll Lacrosse Association, Southlake Baseball Association and Southlake Girls Softball Association Action Requested: City Council approval of the Facilities Utilization Agreements with Grapevine Southlake Soccer Association (GSSA), Southlake Carroll Lacrosse Association (SCLA), Southlake Baseball Association (SBA) and Southlake Girls Softball Association (SGSA) as presented, to include a term of three years. Background Information: The City currently has individual facilities utilization agreements (FUAs) in place with local sports associations which governs their use of City -owned fields and facilities. As you know several meetings and discussions have occurred over the past year related to the FUAs. On November 15, 2010 an FUA Work Session was held. The Work Session was led by a third party moderator hired by the City, and was attended by City Council members Laura Hill and Al Zito, Parks Board Chair John Slocum, Parks Board member Sherry Berman, representatives from each athletic association, and staff. The FUAs presented for your review and recommendation were developed using the results of that Work Session as a guide. The FUAs are essentially the same agreements that were approved last year with the only substantial change being the addition of a Non - Resident Maintenance Fee. The recommended maintenance fees are as follows: City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 9C -9F Page 2 of 63 Shana Yelverton, City Manager Meeting Date — January 25, 2011 Page 2 of 4 Recommended Maintenance Fees Association Season Mai ntenance Fees Maintenance Fees Season Length Season Months (Real dents) (Non Residents) Spring Reeeanonal 312 per play per season 317 per player • per season 4 Months Febuary - May Fall Recreational 312 pro play. pr season 317 P. Meyer. per season 4 Martha August - November GSSA A eademy/Selea 312 l P. payer , . per February - May Revised Fees season 3'7 p•r pay Per season 4 Months Fall Academy/Select $12 Per play. P. season 317 pr player per season 4 Months August - November M a 00/1101.0. ; l41liR1Af 04 - 0l►aM0300 '.... . !IROr"" ' . Spdng Recreational $12 per player. per season 317 per payer. per season 4 Months Febuary - May SGSA Fop Reereaffmai 312 per PIN.. Per season 1 P. pay.. per season 4 Malls August - November Select 324 Per Miler. Per season 334 P. play. P. season 10 Months February - November M .. , . " 4.:st:effnuff..nff/aus - ' .stheuamAessieffa ' ' ' IOW* . 4 :“ tr .., xxmr w . ,': Now F.GSSA. a residents sawed as a participant dm :wicks in ether Serdr+ke Grapevine The FUAs allow for the utilization of the following City fields and facilities by the sports associations: A. Grapevine Southlake Soccer Association — Bob Jones Park soccer fields from January 2011 — December 31, 2013 B. Southlake Carroll Lacrosse Association — Southlake Sports Complex from January 2011 — December 31, 2013 C. Southlake Baseball Association — Bicentennial Park baseball fields, Southlake Sports Complex baseball fields and Koalaty Park from January 2011 — December 31, 2013 D. Southlake Girls Softball Association — Bob Jones Park softball fields from January 2011 — December 31, 2013 A copy of the FUA Work Session Summary and a copy of each FUA developed subsequent to the FUA Work Session and presented to the Parks and Recreation Board is attached to this memo for your review. Financial Considerations: All athletic associations will pay field maintenance fees as per the above table to assist the City with offsetting a portion of the maintenance and operations costs. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 9C -9F Page 3 of 63 Shana Yelverton, City Manager Meeting Date — January 25, 2011 Page 3 of 4 Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Partnerships and Volunteerism, and Performance Management and Service Delivery and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions; Promote Opportunities for Partnerships and Volunteer Involvement; and Provide Attractive and Unique Spaces for Enjoyment of Personal Interests. Citizen Input/ Board Review: Several meetings and discussions have occurred over the past year related to the FUAs. City Council members Al Zito and Laura Hill, Parks Board Chair John Slocum and Parks Board member Sherry Berman, along with City staff met with representatives from each of the sports associations on November 15, 2010 at an FUA Work Session to discuss potential proposed changes to the FUAs. January 10, 2011, the Parks and Recreation Board recommended approval (8 -0) of the FUAs as presented with the following additional recommendations: 1. The duration of the agreements be changed to one (1) year agreements with two (2) automatic one (1) year renewals, requiring 30 day written notice by either party to end or renegotiate the agreement. NOTE: Staff recommends that the agreements be 3 year agreements, based on a.) Staff's discussions with Council Members Hill and Zito during the FUA process, and b.) The comparable action that the City Council has taken on the recently approved, new Community Services Agreements. 2. The maintenance fee for Select/Academy participants be set as per the Recommended Maintenance Fees table above. 3. Add the following specific wording to the agreements "The associations, while able to use the facilities pursuant to the terms of this FUA, will in good faith work with the City regarding the City's efforts to also make such facilities available on an equitable basis to any other entity(ies) deemed suitable by the City that also legitimately seek to have some use of the facilities." City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 9C - 9F Page 4 of 63 Shana Yelverton, City Manager Meeting Date — January 25, 2011 Page 4 of 4 Legal Review: The agreements were drafted utilizing the general core content from the agreements previously in place and has been reviewed by the City Attorney. Alternatives: Alternatives include: • City Council approval as presented • City Council approval with input as desired • City Council decision not to approve Supporting Documents: Supporting document includes the following items: • Summary of November 15, 2010 FUA Work Session • Proposed Facilities Utilization Agreements Staff Recommendation: City Council approval of the Facilities Utilization Agreements with Grapevine Southlake Soccer Association, Southlake Carroll Lacrosse Association, Southlake Baseball Association and Southlake Girls Softball Association as presented, to include a term of three years. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence o Teamwork 9C - 9F Copy of FUA Work Session Summary Page 5 of 63 Chris Tribble From: Chris Tribble Sent: Wednesday, November 17, 2010 4:30 PM To: Place 1; Place 4 Cc: Jim Blagg; Shana Yelverton • Subject: FUA Workshop Summary Mayor Pro Tem Hill and Council Member Zito - I want to first say thank you for your assistance with the FUA Workshop Monday evening. I felt it was a successful discussion that will prove very beneficial as we move forward with the continued development of the partnership between the City and the Athletic Associations. I want to confirm that you both agree with following Staff summary of the results from the meeting: 1. Field Allocations — Staff will continue to coordinate field allocations with the Athletic Associations in support of their endeavor to provide their respective athletic program services to the citizens of Southlake as follows: a. SGSA at Bob Jones Park Softball Complex b. SBA at Bicentennial Park Baseball Complex, Southlake Sports Complex and Koalaty Park c. GSSA at Bob Jones Park Soccer Complex d. SCLA at Southlake Sports Complex and the new North Park when complete e. DYF at Bob Jones Park Amphitheatre area (a practice area only) 2. Maintenance Fees — A maintenance fee will be charged to each Athletic Association as follows: a. Residents = $12.00 per player, per season (no change) b. Non- Residents = $17.00 per player, per season (new) NOTE — Resident is defined as a resident paying City of Southlake property taxes 3. Tournaments and Tournament Fees — Staff will continue to coordinate tournament schedules with the Athletic Associations. The consensus was that no fees will be charged for tournaments. It was determined that sponsorships are a much more viable option of assisting with offsetting the City's costs of providing and maintaining parks and athletic fields. Staff, working with the Parks Board and the representatives from each Athletic Association appointed to the Parks Marketing Committee, will form a recommendation on a Parks Marketing /Sponsorship Policy during FY 2011 that will be forwarded to the Parks Board and the City Council for their consideration. 4. Resident Participation —It was agreed that all residents of Southlake, as well as C.I.S.D. students, will continue to have the opportunity, at all levels of ability, to participate in the athletic program established for their individual skill level. As an integral part of this goal, no Southlake resident, who registers by the registration deadline, should be turned away from participating on a team. 5. "Tweener" Participation — It was agreed that the Athletic Associations will endeavor to develop "tweener" leagues where possible. 6. Field Rentals — It was determined that the City will not rent athletic fields to teams that do not participate in either the City's athletic programs or the Athletic Association's programs. The City will continue to rent athletic fields to Southlake residents for individual /family usage, and to Southlake non - profits and Southlake businesses for church/company softball games /tournaments, etc., as deemed appropriate by the Director of Community Services. Staff will continue to coordinate the scheduling of all athletic field rentals with the Athletic Associations. Please let me know if you have any questions about or modifications to the summary. 1 9C -9F Copy of FUA Work Session Summary Page 6 of 63 Thank you, Chris Tribble, Director of Community Services City of Southlake 1400 Main Street, Suite 210 Southlake, TX 76092 (817) 748 -8021 Office (817) 532 -7016 Cell ctribble rc-i;ci. southl ake.tX.us 2 9C -9F Page7of63 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS $ $ COUNTY OF TARRANT $ The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Grapevine Southlake Soccer Association, herein called "ASSOCIATION." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION shall provide the services as outlined in the attached Appendix, Section A. B. The CITY shall provide the services as outlined in the attached Appendix, Section A. SECTION 2 TERMS OF AGREEMENT The ASSOCIATION and CITY will abide by the terms of the Agreement as outlined in the attached Appendix, Section B. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent City property. All inquiries into field rentals should be directed to the CITY, specifically the Department of Community Services at (817) 748 -8019. Due to the necessity of inter- league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a Southlake field. The ASSOCIATION shall not engage in any business on premises or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. 9C - 9F Page 8 of 63 SECTION 4 OFFICERS AND BOARD MEMBERS The ASSOCIATION shall submit to the CITY the names, addresses, e-mail addresses and phone numbers of all officers and board members within two (2) weeks after election or appointment. SECTION 5 FIELD MANAGER The ASSOCIATION shall furnish the CITY the name, telephone numbers and e-mail address of the one (1) person designated as the ASSOCIATION'S field manager. It shall be the responsibility of the field manager to submit all practice, game and make -up game schedules to the CITY as per Section 6. It shall also be the responsibility of the field manager to meet with and discuss field playability as needed with a CITY representative. SECTION 6 ROSTERS AND SCHEDULES The ASSOCIATION shall furnish to the CITY the full practice schedule and game schedule (field number, age group, dates and game times) for each season (Spring Recreational, Spring Academy /Select, Fall Recreational and Fall Academy /Select) at least one (1) week prior to the beginning of the season. The ASSOCIATION shall furnish to the CITY the field dimensions required for each season (Spring Recreational, Spring Academy /Select, Fall Recreational and Fall Academy /Select) at least three (3) weeks prior to the beginning of the season. The ASSOCIATION shall furnish to the CITY rosters of all participants (listing where participants domicile) within two (2) weeks after the end of the season. SECTION 7 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season and a non - resident field maintenance fee of $17.00 per non - resident player per season (Spring Recreational, Spring Academy /Select, Fall Recreational and Fall Academy /Select) within two (2) weeks after the end of the season (Spring Recreational, Spring Academy /Select, Fall Recreational and Fall Academy /Select) to cover the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing City of Southlake fields regardless of the level or division of play including "select" players. For GSSA, a resident is defined as a person that lives in either Southlake or Grapevine. 9C - 9F Page 9 of 63 If the ASSOCIATION is comprised of two or more cities including the City of Southlake, and as approved by the City Council, the following formula will be used to calculate the fee owed: $12.00 per resident x the number of residents + $17.00 per non - resident x the number of non - residents = Subtotal The Subtotal is then multiplied by the % of games played in Southlake for that season. The ASSOCIATION also agrees to pay for any additional field materials that the ASSOCIATION uses above and beyond what the CITY has allocated for the purchase of these materials to support the Soccer program. SECTION 8 FIELD USAGE The ASSOCIATION agrees that it shall not begin field usage before 4:00 p.m. on weekdays, 8:00 a.m. on Saturdays, and 12:00 p.m. on Sundays, and shall cease field usage (includes games and practices) by 10:00 p.m. on Sunday through Thursday, and by 11:00 p.m. on Friday and Saturday. The CITY will turn the lights 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. If field usage concludes prior to 10:00 p.m. Sunday through Thursday or 11:OOp.m. Friday or Saturday, the ASSOCIATION shall have the responsibility to turn off all field lighting by using the Musco Control -Link password assigned to the ASSOCIATION. The CITY reserves the right to utilize the facilities when league games and practices are not scheduled. If facility is abandoned, the Agreement is terminated. The ASSOCIATION, while able to use the facilities pursuant to the terms of this agreement, will in good faith work with the CITY regarding the CITY'S efforts to also make such facilities available on an equitable basis to any other entity(ies) deemed suitable by the City that also legitimately seek to have some use of the facilities. SECTION 9 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the 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 the CITY from and against all liability for claims arising out of or 9C - 9F Page 10 of 63 in connection with the ASSOCIATION'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. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. The ASSOCIATION 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. 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 the CITY under any third party liability policy. The ASSOCIATION 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 10 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED 9C - 9F Page 11 of 63 DANGERS. THE ASSOCIATION 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 ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION 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 ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION 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 ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION 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 SECTION 11 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS, SPECIFIC PERFORMANCE OR INJUNCTIVE RELIEF. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 11 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits hereto attached shall be part and parcel of this Agreement as if set out in their entirety said exhibits being: 1. FIELD MAINTENANCE EXHIBITS "A" - CITY -Owned Field Maintenance Agreement 9C - 9F Page 12 of 63 2. CONCESSION STAND OPERATION EXHIBITS "B" - Concession Stand Agreement 3. CLOSURE OF ATHLETIC FIELDS EXHIBITS "C" - Field Inspection and Closure Agreement SECTION 12 TERMINATION OF AGREEMENT If either party, the CITY or the ASSOCIATION, 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 13 RESIDENT PARTICIPATION Both the CITY and the ASSOCIATION agree on a goal that all residents of Southlake will continue to have the opportunity, at all levels of ability, to participate in the athletic program established for their individual skill level. As an integral part of this goal, the CITY encourages the ASSOCIATION to find a team for all Southlake residents who register by the program's stated registration deadline. SECTION 14 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. • Teamwork: Recognizing the importance of working together to meet our citizen's 9C -9F Page 13 of 63 needs, communicating clearly, sharing resources and information freely. The values set forth in Section 14 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. This Agreement is made and entered into on the day of CITY OF SOUTHLAKE by: CITY Secretary Mayor CITY of Southlake Approved as to form President CITY Attorney ASSOCIATION 9C - 9F Page 14 of 63 EXHIBIT "A" CITY -OWNED FACILITY AND FIELD MAINTENANCE AGREEMENT 1. The CITY shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. This may require up to twenty four (24) hours when the ASSOCIATION must stay off the fields after application. The City will give a forty eight (48) hour notice. The City will not close a field with a scheduled game. 2. The CITY shall perform all turf maintenance. The CITY shall also provide sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary. 3. The CITY shall prep fields as required, Monday through Friday, weather permitting, for regularly scheduled games. Note: Fields will not be prepared by the CITY for any game(s) unless the game(s) are on the schedule. 4. The CITY shall mark all field lines. 5. The CITY shall maintain all goals, fences and gates in a safe and secure condition. 6. The CITY shall maintain all bleachers in a safe and secure condition. 7. The CITY shall provide and maintain all area and field lighting systems. 8. The CITY shall be responsible for all irrigation. 9. The CITY shall maintain the restrooms in a safe and sanitary condition. 10. The CITY will provide contract porter services on weekends. The porter service provided by the CITY will be limited to restroom cleaning and the removal of full trash bags from the trash receptacles. The schedule for the porter services will be set as deemed appropriate by the Director of Community Services. 11.The ASSOCIATION shall continue to be responsible for daily practice and game day policing of all litter on the field(s) to include playing areas, fences, bleachers, concession stands and adjacent grounds. All litter shall be placed in the bins, cans, and receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. If within the CITY's judgment the ASSOCIATION 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. 9C -9F Page 15 of 63 12. The ASSOCIATION shall be prohibited from performing any maintenance to any CITY property, including any turf areas without permission from the CITY. 13. The ASSOCIATION shall work with the Parks Manager or his designee to obtain the proper training for motorized equipment usage and proper method for dragging fields before the CITY will consider permission for the ASSOCIATION to prep the fields during weekend play. All equipment must be authorized by the Parks Manager prior to its usage to prep fields. Failure to follow the approved method for field prep will result in the authorization to prep the fields with motorized equipment being lost. 14. The ASSOCIATION shall be responsible for securing the facility at the end of each day or evening of play. This includes, but is not limited to, locking all concession building doors and turning off all interior building lighting, pavilion lighting, and field lighting when the ASSOCIATION leaves the facility. 15.If ASSOCIATION desires to request any special park components or other special services be provided by the CITY for tournaments or other special events, such request shall be submitted to the CITY at least two (2) weeks prior to the start of the tournament or event. 16. All rescheduled games or make -up games must be approved by the CITY. The ASSOCIATION must provide at least 24 hours notice to the CITY of scheduled make -up games. 9C -9F Page 16 of 63 EXHIBIT "B" CONCESSION STAND AGREEMENT 1. The ASSOCIATION shall have exclusive use of the concession stand at the Bob Jones Park Soccer Fields for the duration of this Agreement. 2. The ASSOCIATION shall at all times during the duration of this Agreement maintain the inside of the concession stand 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 commensurate 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, ice maker, and other structural components. 3. The ASSOCIATION shall be subject to pass an annual inspection by the Tarrant County Health Department. The ASSOCIATION is also responsible for any Health Department Certificates. 4. The ASSOCIATION shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand. Adequate trash receptacles shall be furnished by the CITY. If within the CITY's judgment, the ASSOCIATION 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. 5. The CITY shall furnish the ASSOCIATION with key fobs for the concession stand, electrical room, and equipment room as deemed necessary by the Director of Community Services. 6. The CITY shall be responsible for off - season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand as dictated by the weather. 7. The ASSOCIATION shall be responsible for keeping on only the essential appliances during the season's non -use times. Only refrigerators, freezers and ice machines may be left on at all times. Ice machines shall be unplugged and water lines unhooked during the off - season. 8. The ASSOCIATION shall at all times during the duration of this Agreement be responsible for the sanitary conditions of the walls, ceilings, floors, cabinets, doors, etc., on the inside of the concession stand. 9C -9F Page 17 of 63 9. The ASSOCIATION shall be responsible for the total contents of the concession stand. Securing any insurance for all the contents of the building is optional and will be the responsibility of the ASSOCIATION. 10. The CITY reserves the right to utilize the concession stand and /or score booths during this Agreement. 11. If facility is abandoned, this Agreement is terminated. 9C - 9F Page 18 of 63 EXHIBIT "C" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure 1. It is raining at game time. 2. Soccer fields are too wet. 3. Athletic Fields need to be closed in the interest of participant safety and /or preservation of good playing surfaces. CITY Procedures for Athletic Field Closure (Weekdays) 1. Inspect Athletic Fields by 3:00 p.m. 2. Make a decision based upon field condition or weather. 3. List any closings on the CITY Field Closure Line (817) 748 -8028 by 4:OOpm. 4. The website is updated Monday through Friday by 4:00 pm. http:/ lwww. cityofsouthlake .com /siteContent/ /documents / De p artments /C ommunitvServices /Parks /RainoutLine.pdf 5. The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games. 6. If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:00 p.m. 7. After games have begun and inclement weather becomes a factor, the ASSOCIATION officials shall follow the same guidelines as CITY staff for deciding cancellation or postponement. (Weekends) 1. If a decision at 3:00 p.m. Friday is not possible, the Parks Manager or designee familiar with the Athletic Fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed. 2. Inspect Athletic Fields by 7:00 a.m. on Saturday and Sunday. 3. Status for Saturday and Sunday afternoon and evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:30 a.m. and the field decision will be made prior to noon that day. 4. The CITY Field Closure Line (817) 748 -8028 will also be updated by 8 a.m. for Saturday and Sunday games. Note: The website is only updated Monday through Friday. 9C - 9F Page 19 of 63 5. The Parks Manager or designee shall consult with the ASSOCIATION'S Field Manager about the status of the fields. 6. Should the ASSOCIATION'S Field Manager and the Parks Manager or designee not agree, the decision of the Parks Manager or designee shall be final. CITY Responsibility for Implementation 1. The primary responsibility for making field closure decisions rests with the Parks Manager or designee responsible for Athletic Field maintenance. 2. In the Parks Manager or designee's absence, the Athletic Field Crew Leader shall make the decision concerning Athletic Field closures. 3. The Athletic Field Crew Leader shall consult with the Parks Manager on any decision concerning Athletic Field closures. 4. In the absence of both the Parks Manager or designee and the Athletic Field Crew Leader, a person designated by the Parks Manager shall make decisions concerning Athletic Field closures. 5. The appropriate ASSOCIATION'S Field Manager has the responsibility to inform the ASSOCIATION and the participants about the field closure decision. 9C - 9F Page 20 of 63 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT CITY OF SOUTHLAKE AND GRAPEVINE SOUTHLAKE SOCCER ASSOCIATION APPENDIX SECTION A SCOPE OF SERVICES The ASSOCIATION agrees to provide a recreational youth soccer program that adheres to the City of Southlake's organization values outlined in Section 14 of the Agreement. The CITY agrees to permit the use of its facilities known as Bob Jones Park Soccer Fields, located in Bob Jones Park, to Grapevine Southlake Soccer Association for the 2011 - 2013 seasons. SECTION B TERMS OF AGREEMENT 1. This Agreement will be effective the date signed by the Mayor. 2. The term of this Agreement shall be from January 25, 2011, through December 31, 2013. 3. The beginning of a season is the first day the association utilizes the field(s) for coach look, tryouts, scrimmages, pre- season games, games, clinics, or camps for that corresponding season. The end of a season is the last day the association utilizes the field(s), as described above, for that corresponding season. 4. Soccer shall consist of the following seasons: o Spring Recreational (typically February - May) o Spring Academy & Select (Practices only — typically February — May) o Fall Recreational (typically August - November) o Fall Academy & Select (Practices only - typically August — November) 5. A maximum of two (2) tournaments, actually played, will be allowed per year. This includes any overflow, co- hosted, or joint tournaments with other associations /entities. An annual tournament calendar shall be submitted by January 15 each year. An ASSOCIATION rep shall be available at all times during all tournaments. 6. The collection of admission or "gate" fees by the ASSOCIATION is permissible at the Bob Jones Park soccer fields only for tournaments (not including regular season tournaments). The ASSOCIATION agrees that the location of such 9C - 9F Page 21 of 63 admission access points shall not prevent or impede other park users from accessing other general areas of the park. 7. The collection of tournament entry/registration fees by the ASSOCIATION is also permissible. 8. All fields will be unavailable during the CITY's scheduled maintenance period from June 1st through August 15 each year. The fields will also be closed to over -seed the fields with rye grass for a 12 day period (beginning on a Monday and including only one Saturday and one Sunday), pending weather, between the last week of September and the first three weeks of October. The fields are also unavailable during the months of December and January. 9. The CITY will have priority to the facility for any CITY event. 10. Additional facility usage may be permitted by the Director of Community Services. Additional facility usage requests must be submitted in writing to the Director of Community Services a minimum of two (2) weeks in advance. 11. Fields that are not being utilized by the ASSOCIATION or the CITY will be made available for public use. The CITY will work with the ASSOCIATION to identify any available fields. 12. Only those ASSOCIATION representatives who have been issued a permit by the CITY will be allowed to drive automobiles into the complex on the pedestrian pathways. The permit will only be issued by the CITY to those ASSOCIATION representatives responsible for the delivery of concession and building supplies to the concession /restroom /storage facilities. The permit allows for the drop -off and pick -up of concession and building supplies. At no time may an automobile be parked inside the complex as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The ASSOCIATION must contact the Recreation Superintendent for a permit. Violators will be ticketed by Southlake Police. 13. The ASSOCIATION must request permission in writing to utilize a golf cart or workman type utility vehicle on CITY property. If approved, a permit will be issued by the CITY to the ASSOCIATION on a per vehicle basis. Misuse of the vehicle, as determined by the CITY, may result in the cancellation of the permit and ability of the ASSOCIATION to use these vehicles. 14. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved by City Council following a recommendation by the Parks and Recreation Board. 9C - 9F Page 22 of 63 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS $ COUNTY OF TARRANT $ The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Southlake Carroll Lacrosse Association, herein called "ASSOCIATION." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION shall provide the services as outlined in the attached Appendix, Section A. B. The CITY shall provide the services as outlined in the attached Appendix, Section A. SECTION 2 TERMS OF AGREEMENT The ASSOCIATION and CITY will abide by the terms of the Agreement as outlined in the attached Appendix, Section B. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent City property. All inquiries into field rentals should be directed to the CITY, specifically, the Department of Community Services, at (817) 748 -8019. The ASSOCIATION shall not engage in any business on Premises or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. 9C - 9F Page23of63 SECTION 4 OFFICERS AND BOARD MEMBERS The ASSOCIATION shall submit to the CITY the names, addresses, e-mail addresses and phone numbers of all officers and board members within two (2) weeks after election or appointment. SECTION 5 FIELD MANAGERS The ASSOCIATION shall furnish the CITY the name, telephone numbers and e-mail address of the one (1) person designated as the ASSOCIATION'S field manager. It shall be the responsibility of the field manager to submit all practice, game and make -up game schedules to the CITY as per Section 6. It shall also be the responsibility of the field manager to meet with and discuss field playability as needed with a CITY representative. SECTION 6 ROSTERS AND SCHEDULES The ASSOCIATION shall furnish to the CITY, rosters of all participants (listing where participants domicile) within two (2) weeks after the last season game. The ASSOCIATION shall furnish to the CITY the full schedule (field number, age group, dates and game times) for each season (Spring and Fall) at least two (2) weeks prior to the first regular season game. SECTION 7 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season and a non - resident field maintenance fee of $17.00 per non - resident player per season (Spring and Fall) within two (2) weeks after the last regular season game (Spring and Fall) to cover the costs for lighting and maintaining the fields in playing condition. SECTION 8 FIELD USAGE The ASSOCIATION agrees that it shall not begin field usage before 4:00 p.m. on weekdays, 8:00 a.m. on Saturdays, and 12:00 p.m. on Sundays, and shall cease field usage (includes practices and practices) by 10:00 p.m. on Sunday through Thursday, and by 11:00 p.m. on Friday and Saturday. The CITY will turn the lights 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. If field 9C - 9F Page 24 of 63 usage concludes prior to 10:00 p.m. Sunday through Thursday or 11:OOp.m. Friday or Saturday, the ASSOCIATION shall have the responsibility to turn off all field lighting by using the Musco Control -Link password assigned to the ASSOCIATION. The CITY reserves the right to utilize the facilities when league practices are not scheduled. If facility is abandoned, the Agreement is terminated. The ASSOCIATION, while able to use the facilities pursuant to the terms of this agreement, will in good faith work with the CITY regarding the CITY'S efforts to also make such facilities available on an equitable basis to any other entity(ies) deemed suitable by the City that also legitimately seek to have some use of the facilities. SECTION 9 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the 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 the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION'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. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. The ASSOCIATION 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 9C -9F Page 25 of 63 termination of this Agreement. 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 the CITY under any third party liability policy. The ASSOCIATION 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 10 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION 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 ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION 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 ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE ASSOCIATION 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 ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION 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 9C - 9F Page 26 of 63 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 SECTION 11 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS, SPECIFIC PERFORMANCE OR INJUNCTIVE RELIEF. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 11 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits hereto attached shall be part and parcel of this Agreement as if set out in their entirety said exhibits being: 1. FIELD MAINTENANCE EXHIBITS "A" - CITY -Owned Field Maintenance Agreement 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" — Field Inspection and Closure Agreement SECTION 12 TERMINATION OF AGREEMENT If either party, the CITY or the ASSOCIATION, 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 13 RESIDENT PARTICIPATION Both the CITY and the ASSOCIATION agree on a goal that all youth residents of Southlake will continue to have the opportunity, at all levels of ability, to participate in the athletic program established for their individual skill level. As an integral part of this goal, the CITY encourages the ASSOCIATION to find a team for all Southlake residents who register by the program's stated registration deadline. SECTION 14 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide 9C -9F Page 27 of 63 how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. • Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 14 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. This Agreement is made and entered into on the day of CITY OF SOUTHLAKE by: CITY Secretary Mayor CITY of Southlake Approved as to form President CITY Attorney ASSOCIATION 9C -9F Page 28of63 EXHIBIT "A" CITY -OWNED FACILITY AND FIELD MAINTENANCE AGREEMENT 1. The CITY shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. This may require up to twenty four (24) hours when the ASSOCIATION must stay off the fields after application. The City will give a forty eight (48) hour notice. 2. The CITY shall maintain all fences and gates in a safe and secure condition. 3. The CITY shall provide and maintain all area lighting systems. 4. The CITY shall be responsible for the maintenance of any irrigation system and watering of the infields and any adjacent park irrigation systems and the watering of non - athletic turf areas. 5. The ASSOCIATION shall continue to be responsible for daily practice and policing of all litter on the field(s) to include playing areas, fences, and adjacent grounds. All litter shall be placed in the bins, cans, and receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. If within the CITY's judgment, the ASSOCIATION 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. 6. The ASSOCIATION shall be prohibited from performing any maintenance to any CITY property, including any turf areas without permission from the CITY. 7. The ASSOCIATION shall be responsible for securing the facility at the end of each day or evening of play. This includes, but is not limited to, locking all field gates and doors and turning off all lighting when the ASSOCIATION leaves the facility. 8. If ASSOCIATION desires to request any special park components or other special services be provided by the CITY for tournaments or other special events, such request shall be submitted to the CITY at least two (2) weeks prior to the start of the tournament or event. 9C - 9F Page 29 of 63 • EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure 1. It is raining at practice time. 2. Fields are too wet. 3. Athletic Fields need to be closed in the interest of participant safety and /or preservation of good playing surfaces. CITY Procedures for Athletic Field Closure (Weekdays) 1. Inspect Athletic Fields by 3:00 p.m. 2. Make a decision based upon field condition or weather. 3. List any closings on the CITY Field Closure Line (817) 748 -8028 by 4:OOpm. 4. The website is updated Monday through Friday by 4:00 pm. http: / /www. citvofsouthlake. com /siteContent/70 /documents /Departments /C ommunitvServices /Parks /RainoutLine.pdf 5. The Parks Manager or designee will have the final responsibility for canceling practices with regards to field conditions for weekday practices. 6. If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:00 p.m. 7. After practices have begun and inclement weather becomes a factor, the ASSOCIATION officials shall follow the same guidelines as CITY staff for deciding cancellation or postponement. (Weekends) 1. If a decision at 3:00 p.m. Friday is not possible, the Parks Manager or designee familiar with the Athletic Fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed. 2. Inspect Athletic Fields by 7:00 a.m. on Saturday and Sunday. 3. Status for Saturday and Sunday afternoon and evening practices may be reevaluated at the discretion of the Parks Manager or designee at 11:30 a.m. and the field decision will be made prior to noon that day. 4. The CITY Field Closure Line (817) 748 -8028 will also be updated by 8 a.m. for Saturday and Sunday practices. Note: The website is only updated Monday through Friday. 9C -9F Page 30 of 63 5. The Parks Manager or designee shall consult with the ASSOCIATION'S Field Manager about the status of the fields. 6. Should the ASSOCIATION'S Field Manager and the Parks Manager or designee not agree, the decision of the Parks Manager or designee shall be final. CITY Responsibility for Implementation 1. The primary responsibility for making field closure decisions rests with the Parks Manager or designee responsible for Athletic Field maintenance. 2. In the Parks Manager or designee's absence, the Athletic Field Crew Leader shall make the decision concerning Athletic Field closures. 3. The Athletic Field Crew Leader shall consult with the Parks Manager on any decision concerning Athletic Field closures. 4. In the absence of both the Parks Manager or designee and the Athletic Field Crew Leader, a person designated by the Parks Manager shall make decisions concerning Athletic Field closures. 5. The appropriate ASSOCIATION'S Field Manager has the responsibility to inform the ASSOCIATION and the participants about the field closure decision. 9C - 9F Page 31 of 63 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT CITY OF SOUTHLAKE AND SOUTHLAKE CARROLL LACROSSE ASSOCIATION APPENDIX SECTION A SCOPE OF SERVICES The ASSOCIATION agrees to provide a recreational youth lacrosse program that adheres to the City of Southlake's organization values outlined in Section 14 of the Agreement. The CITY agrees to permit the use of its facilities known as Southlake Sports Complex Lacrosse Field located in Southlake Sports Complex, to Southlake Carroll Lacrosse Association for the 2011 - 2013 seasons. SECTION B TERMS OF AGREEMENT 1. This Agreement will be effective the date signed by the Mayor. 2. The term of this Agreement shall be from January 25, 2011, through December 31, 2013. 3. The beginning of a season is the first day the association utilizes the field(s) for practices, coach look, tryouts, scrimmages, clinics, or camps for that corresponding season. The end of a season is the last day the association utilizes the field(s), as described above, for that corresponding season. 4. Lacrosse shall consist of the following seasons: a. Spring (typically January - May) b. Fall (typically September- December) 5. All fields will be unavailable during the CITY's scheduled maintenance period. The fields will also be closed to overseed the fields with rye grass for a 12 day period (beginning on a Monday and including only one Saturday and one Sunday), pending weather, between the last week of September and the first three weeks of October. 6. The CITY will have priority to the facility for any CITY event. 7. Additional facility usage may be permitted by the Director of Community Services. 9C - 9F Page 32 of 63 Additional facility usage requests must be submitted in writing to the Director of Community Services a minimum of two (2) weeks in advance. 8. Fields that are not being utilized by the ASSOCIATION or the CITY will be made available for public use. The CITY will work with the ASSOCIATION to identify any available fields. 9. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. Violators will be ticketed by Southlake Police. 10. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved by City Council following a recommendation by the Parks and Recreation Board. 9C -_9F Page 33 of 63 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS $ COUNTY OF TARRANT $ The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Southlake Baseball Association, herein called "ASSOCIATION." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION shall provide the services as outlined in the attached Appendix, Section A. B. The CITY shall provide the services as outlined in the attached Appendix, Section A. SECTION 2 TERMS OF AGREEMENT The ASSOCIATION and CITY will abide by the terms of the Agreement as outlined in the attached Appendix, Section B. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent City property. All inquiries into field rentals should be directed to the CITY, specifically, the Department of Community Services, at (817) 748 -8019. Due to the necessity of inter - league play in order to complete some leagues, the ASSOCIATION shall assure that an ASSOCIATION team is scheduled for each game played on a Southlake field. The ASSOCIATION shall not engage in any business on Premises or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. 9C -9F Page 34 of 63 SECTION 4 OFFICERS AND BOARD MEMBERS The ASSOCIATION shall submit to the CITY the names, addresses, e-mail addresses and phone numbers of all officers and board members within two (2) weeks after election or appointment. SECTION 5 FIELD MANAGER The ASSOCIATION shall furnish the CITY the name, telephone numbers and e-mail address of the one (1) person designated as the ASSOCIATION'S field manager. It shall be the responsibility of the field manager to submit all practice, game and make -up game schedules to the CITY as per Section 6. It shall also be the responsibility of the field manager to meet with and discuss field playability as needed with a CITY representative. SECTION 6 ROSTERS AND SCHEDULES The ASSOCIATION shall furnish to the CITY the full schedule for practices and games (field number, age group, dates, practice times, and game times) for each season (Spring Recreational, Spring Classic, Fall Recreational, and Fall Classic) at least two (2) weeks prior to the beginning of the season. The ASSOCIATION shall furnish to the CITY, rosters of all participants (listing where participants domicile) within two (2) weeks after the season. SECTION 7 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season, and a non - resident field maintenance fee of $17.00 per non - resident player per season (Spring Recreational, Spring Classic, Fall Recreational, and Fall Classic) within two (2) weeks after the last regular season game (Spring Recreational, Spring Classic, Fall Recreational, and Fall Classic) to cover the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing City of Southlake fields regardless of the level or division of play including "select" players. The ASSOCIATION also agrees to pay for any additional field chalk and drying agent materials that the ASSOCIATION uses above and beyond what the CITY has allocated for the purchase of these materials to support the baseball program. 9C - 9F Page35of63 SECTION 8 FIELD USAGE The ASSOCIATION agrees that it shall not begin field usage before 4:00 p.m. on weekdays, 8:00 a.m. on Saturdays, and 12:00 p.m. on Sundays, and shall cease field usage (includes games and practices) by 10:00 p.m. on Sunday through Thursday, and by 11:00 p.m. on Friday and Saturday. The CITY will turn the lights 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. If field usage concludes prior to 10:00 p.m. Sunday through Thursday or 11:OOp.m. Friday or Saturday, the ASSOCIATION shall have the responsibility to turn off all field lighting by using the Musco Control -Link password assigned to the ASSOCIATION. The CITY reserves the right to utilize the facilities when league games are not scheduled. If facility is abandoned, the Agreement is terminated. The ASSOCIATION, while able to use the facilities pursuant to the terms of this agreement, will in good faith work with the CITY regarding the CITY'S efforts to also make such facilities available on an equitable basis to any other entity(ies) deemed suitable by the City that also legitimately seek to have some use of the facilities. SECTION 9 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the 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 the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION'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. 9C -9F Page36of63 $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. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. The ASSOCIATION 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. 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 the CITY under any third party liability policy. The ASSOCIATION 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 10 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION 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 ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION 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 ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. 9C -9F Page 37 of 63 THE ASSOCIATION 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 ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION 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 SECTION 11 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS, SPECIFIC PERFORMANCE OR INJUNCTIVE RELIEF. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 11 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits hereto attached shall be part and parcel of this Agreement as if set out in their entirety said exhibits being: 1. FIELD MAINTENANCE EXHIBITS "A" - CITY -Owned Field Maintenance Agreement 2. CONCESSION STAND OPERATION EXHIBITS "B" - Concession Stand Agreement 3. CLOSURE OF ATHLETIC FIELDS EXHIBITS "C" - Field Inspection and Closure Agreement SECTION 12 TERMINATION OF AGREEMENT If either party, the CITY or the ASSOCIATION, violates any term of this Agreement, 9C - 9F Page 38 of 63 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 13 RESIDENT PARTICIPATION Both the CITY and the ASSOCIATION agree on a goal that all residents of Southlake will continue to have the opportunity, at all levels of ability, to participate in the athletic program established for their individual skill level. As an integral part of this goal the CITY encourages the ASSOCIATION to find a team for all Southlake residents who register by the program's stated registration deadline. The CITY also encourages the ASSOCIATION to continue its development of a "tweener" program. In addition, the CITY encourages the ASSOCIATION to strive for 25% resident participation in its select level programs and 85% resident participation in its recreational level programs. SECTION 14 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. • Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 14 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. 9C - 9F Page 39 of 63 This Agreement is made and entered into on the day of CITY OF SOUTHLAKE by: CITY Secretary Mayor City of Southlake Approved as to form President CITY Attorney ASSOCIATION 9C -9F Page40of63 EXHIBIT "A" CITY -OWNED FACILITY AND FIELD MAINTENANCE AGREEMENT 1. The CITY shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. This may require up to twenty four (24) hours when the ASSOCIATION must stay off the fields after application. The City will give a forty eight (48) hour notice. The City will not close a field with a scheduled game. 2. The CITY shall perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths. The CITY shall also provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary. 3. The CITY shall prep fields, as required, Monday through Friday, weather permitting, for regularly scheduled games. Note: Fields will not be prepared by the CITY for any game(s) unless the game(s) are on the schedule. 4. The CITY shall mark all foul lines. 5. The CITY shall maintain all back - stops, fences and gates in a safe and secure condition. 6. The CITY shall maintain all bleachers and dugouts in a safe and secure condition. 7. The CITY shall provide and maintain all area and ballfield lighting systems. 8. The CITY shall be responsible for the maintenance of any infield irrigation system and watering of the infields. 9. The CITY shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non - athletic turf areas. 10. The CITY shall maintain the restrooms in a safe and sanitary condition. 11. The CITY shall provide electrical power for the operation of the scoreboards. All costs to maintain /repair the scoreboards on the assigned fields will be the responsibility of the CITY. 12.The ASSOCIATION shall be responsible for the cost to maintain /repair the scoreboard controllers on the assigned fields. 13. The CITY shall provide and install the home plates, bases, base stakes and 9C - 9F Page 41 of 63 pitching rubbers. If the ASSOCIATION desires any specialized type of plates or base anchors, these shall be provided by the ASSOCIATION to the CITY for installation. 14.The CITY shall be responsible for chalking of baselines and any other field markings daily, Monday through Friday, for regularly- scheduled league games only. 15. The CITY will provide contract porter services on weekends. The porter service provided by the CITY will be limited to restroom cleaning and the removal of full trash bags from the trash receptacles. The schedule for the porter services will be set as deemed appropriate by the Director of Community Services. 16.The ASSOCIATION shall continue to be responsible for daily practice and game day policing of all litter on the field(s) to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the bins, cans, and receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. If within the CITY's judgment, the ASSOCIATION 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. 17. The ASSOCIATION shall be prohibited from performing any maintenance to any CITY property, including any turf or infield areas without permission from the CITY. 18.The ASSOCIATION shall be responsible for securing the facility at the end of each day or evening of play. This includes, but is not limited to, locking all ball field gates and doors and turning off all interior building lighting, pavilion lighting, and field lighting when the ASSOCIATION leaves the facility. 19.If ASSOCIATION desires to request any special park components or other special services be provided by the CITY for tournaments or other special events, such request shall be submitted to the CITY at least two (2) weeks prior to the start of the tournament or event. 20. All rescheduled games or make -up games must be approved by the CITY. The ASSOCIATION must provide at least 24 hours notice to the CITY of scheduled make -up games. 9C - 9F Page42of63 EXHIBIT "B" CONCESSION STAND AGREEMENT 1. The ASSOCIATION shall have exclusive use of the concession stand at the Bicentennial Park Baseball Fields for the duration of this Agreement. 2. The ASSOCIATION shall at all times during the duration of this Agreement maintain the inside of the concession stand 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 commensurate 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, ice maker, and other structural components. 3. The ASSOCIATION shall be subject to pass an annual inspection by the Tarrant County Health Department. The ASSOCIATION is also responsible for any Health Department Certificates. 4. The ASSOCIATION shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand. Adequate trash receptacles shall be furnished by the CITY. If within the CITY's judgment, the ASSOCIATION 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 dean up. 5. The CITY shall furnish the ASSOCIATION with key fobs for the concession stand, electrical room, and equipment room as deemed necessary by the Director of Community Services. 6. The CITY shall be responsible for off - season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand as dictated by the weather. 7. The ASSOCIATION shall be responsible for keeping on only the essential appliances during the season's non -use times. Only refrigerators, freezers and ice machines may be left on at all times. Ice machines shall be unplugged and water lines unhooked during the off- season. 8. The ASSOCIATION shall at all times during the duration of this Agreement be responsible for the sanitary conditions of the walls, ceilings, floors, cabinets, doors, etc., on the inside of the concession stand. 9C - 9F Page 43 of 63 • 9. The ASSOCIATION shall be responsible for the total contents of the concession stand. Securing any insurance for all the contents of the building is optional and will be the responsibility of the ASSOCIATION. 10. The CITY reserves the right to utilize the concession stand and /or score booths during this Agreement. 11. If facility is abandoned this Agreement is terminated. 9C -9F Page 44 of 63 EXHIBIT "C" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure 1. It is raining at game time. 2. Baseball infields and /or outfields too wet. 3. Athletic Fields need to be closed in the interest of participant safety and /or preservation of good playing surfaces. CITY Procedures for Athletic Field Closure (Weekdays) 1. Inspect Athletic Fields by 3:00 p.m. 2. Make a decision based upon field condition or weather. 3. List any closings on the CITY Field Closure Line (817) 748 -8028 by 4:OOpm. 4. The website is updated Monday through Friday by 4:00 pm. http: / /www. citvofsouthlake .com /siteContent/ /documents /Depa rtments /C ommunitvServices /Parks /RainoutLine.pdf 5. The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games. 6. If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:00 p.m. 7. After games have begun and inclement weather becomes a factor, the ASSOCIATION officials shall follow the same guidelines as CITY staff for deciding cancellation or postponement. (Weekends) 1. If a decision at 3:00 p.m. Friday is not possible, the Parks Manager or designee familiar with the Athletic Fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed. 2. Inspect Athletic Fields by 7:00 a.m. on Saturday and Sunday. 3. Status for Saturday and Sunday afternoon and evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:30 a.m. and the field decision will be made prior to noon that day. 4. The CITY Field Closure Line (817) 748 -8028 will also be updated by 8 a.m. for Saturday and Sunday games. Note: The website is only updated Monday through Friday. 9C - 9F • Page 45 of 63 5. The Parks Manager or designee shall consult with the ASSOCIATION's Field Manager about the status of the fields. 6. Should the ASSOCIATION's Field Manager and the Parks Manager or designee not agree, the decision of the Parks Manager or designee shall be final. CITY Responsibility for Implementation 1. The primary responsibility for making field closure decisions rests with the Parks Manager or designee responsible for Athletic Field maintenance. 2. In the Parks Manager or designee's absence, the Athletic Field Crew Leader shall make the decision concerning Athletic Field closures. 3. The Athletic Field Crew Leader shall consult with the Parks Manager on any decision concerning Athletic Field closures. 4. In the absence of both the Parks Manager or designee and the Athletic Field Crew Leader, a person designated by the Parks Manager shall make decisions concerning Athletic Field closures. 5. The appropriate ASSOCIATION's Field Manager has the responsibility to inform the ASSOCIATION and the participants about the field closure decision. 9C -9F Page 46 of 63 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT CITY OF SOUTHLAKE AND SOUTHLAKE BASEBALL ASSOCIATION APPENDIX SECTION A SCOPE OF SERVICES The ASSOCIATION agrees to provide a recreational youth baseball program that adheres to the City of Southlake's organization values outlined in Section 14 of the Agreement. The CITY agrees to permit the use of its facilities known as Bicentennial Park Baseball Fields, located in Bicentennial Park and Koalaty Park Fields, located in Koalatv Park, Southlake Sports Complex Fields 2 & 3 located in Southlake Sports Complex to Southlake Baseball Association for the 2011 - 2013 seasons. SECTION B TERMS OF AGREEMENT 1. This Agreement will be effective the date signed by the Mayor. 2. The term of this Agreement shall be from January 25, 2011, through December 31. 2013. 3. The beginning of a season is the first day the association utilizes the field(s) for coach look, tryouts, scrimmages, pre- season games, games, clinics, or camps for that corresponding season. The end of a season is the last day the association utilizes the field(s), as described above, for that corresponding season. 4. Baseball shall consist of the following seasons: a. Spring Recreational (typically February - July) b. Spring Classic (typically February — July) c. Fall Recreational (typically August - November) d. Fall Classic (typically August — November) 5. A maximum of ten (10) tournaments, actually played, will be allowed per year. This includes any overflow, co- hosted, or joint tournaments with other associations /entities. This does not include league tournaments for the spring and fall season leagues. An annual tournament calendar shall be submitted by two weeks prior to the tournament. An ASSOCIATION rep shall be available at all times during all tournaments. 9C - 9F Page 47of63 6. The collection of admission or "gate" fees by the ASSOCIATION is permissible, at the Bicentennial Park baseball fields only, for tournaments (not including regular season tournaments). The ASSOCIATION agrees that the location of such admission access points shall not prevent or impede other park users from accessing other general areas of the park. 7. The collection of tournament entry/registration fees by the ASSOCIATION is also permissible. 8. Game fields will be unavailable during the CITY's scheduled maintenance period from May 23, 2011 through June 5, 2011 (as well as the same corresponding dates for 2012 and 2013), and during the months of December and January. 9. The CITY will have priority to the facility for any CITY event. 10.Additional facility usage may be permitted by the Director of Community Services. Additional facility usage requests must be submitted in writing to the Director of Community Services a minimum of two (2) weeks in advance. 11. Fields that are not being utilized by the ASSOCIATION or the CITY will be made available for public use. The CITY will work with the ASSOCIATION to identify any available fields. 12.Only those ASSOCIATION representatives who have been issued a permit by the CITY will be allowed to drive automobiles into the complex on the pedestrian pathways. The permit will only be issued by the CITY to those ASSOCIATION representatives responsible for the delivery of concession and building supplies to the concession /restroom /storage facilities. The permit allows for the drop -off and pick -up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The ASSOCIATION must contact the Recreation Superintendent for a permit. Violators will be ticketed by Southlake Police. 13. The ASSOCIATION must request permission in writing to utilize a golf cart or workman type utility vehicle on CITY property. If approved, a permit will be issued by the CITY to the ASSOCIATION on a per vehicle basis. Misuse of the vehicle, as determined by the CITY, may result in the cancellation of the permit and ability of the ASSOCIATION to use these vehicles. 14. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved by City Council following a recommendation by the Parks and Recreation Board. 9C - 9F Page - 48 of 63 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT THE STATE OF TEXAS $ $ COUNTY OF TARRANT $ The parties to this Agreement are the City of Southlake, Texas, herein called "CITY," and the Southlake Girls Softball Association herein called "ASSOCIATION." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: SECTION 1 SCOPE OF SERVICES A. The ASSOCIATION shall provide the services as outlined in the attached Appendix, Section A. B. The CITY shall provide the services as outlined in the attached Appendix, Section A. SECTION 2 TERMS OF AGREEMENT The ASSOCIATION and CITY will abide by the terms of the Agreement as outlined in the attached Appendix, Section B. SECTION 3 USE OF PREMISES The ASSOCIATION shall not assign this lease nor shall it sublease or rent out any property of the CITY. Only the CITY may rent City property. All inquiries into field rentals should be directed to the CITY, specifically, the Department of Community Services, at (817) 748 -8019. Due to the necessity of inter - league play in order to complete some leagues, the ASSOCIATION shall endeavor to have an ASSOCIATION team scheduled for each game played on a Southlake field when possible. The ASSOCIATION shall not engage in any business on Premises or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. 9C - 9F Page 49 of 63 SECTION 4 OFFICERS AND BOARD MEMBERS The ASSOCIATION shall submit to the CITY the names, addresses, e-mail addresses and phone numbers of all officers and board members within two (2) weeks after election or appointment. SECTION 5 FIELD MANAGERS The ASSOCIATION shall furnish the CITY the name, telephone numbers and e-mail address of the one (1) person designated as the ASSOCIATION'S field manager. It shall be the responsibility of the field manager to submit all practice, game and make -up game schedules to the CITY as per Section 6. It shall also be the responsibility of the field manager to meet with and discuss field playability as needed with a CITY representative. SECTION 6 ROSTERS AND SCHEDULES The ASSOCIATION shall furnish to the CITY, rosters of all participants (listing where participants domicile) within two (2) weeks after the last season game. The ASSOCIATION shall furnish to the CITY the full schedule (field number, age group, dates and game times) for each season (Spring, Select, and Fall) at least two (2) weeks prior to the first regular season game. SECTION 7 FIELD MAINTENANCE FEES The ASSOCIATION agrees to pay the CITY a resident field maintenance fee of $12.00 per resident player per season, and a non - resident field maintenance fee of $17.00 per non - resident player per season (Spring, Select, and Fall) within two (2) weeks after the last regular season game (Spring, Select, and Fall) to cover the costs for lighting and maintaining the fields in playing condition. The fee must be paid for all players utilizing City of Southlake fields regardless of the level or division of play including "select" players. The ASSOCIATION also agrees to pay for any additional field chalk and drying agent materials that the ASSOCIATION uses above and beyond what the CITY has allocated for the purchase of these materials to support the Girls Softball program. The CITY has allocated funding to support scheduled Monday — Friday games only. 9C - 9F Page 50 of 63 SECTION 8 FIELD USAGE The ASSOCIATION agrees that it shall not begin field usage before 4:00 p.m. on weekdays, 8:00 a.m. on Saturdays, and 12:00 p.m. on Sundays, and shall cease field usage (includes games and practices) by 10:00 p.m. on Sunday through Thursday, and by 11:00 p.m. on Friday and Saturday. The CITY will turn the lights 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. If field usage concludes prior to 10:00 p.m. Sunday through Thursday or 11:OOp.m. Friday or Saturday, the ASSOCIATION shall have the responsibility to turn off all field lighting by using the Musco Control -Link password assigned to the ASSOCIATION. The CITY reserves the right to utilize the facilities when league games and /or practices are not scheduled. If facility is abandoned, the Agreement is terminated. The ASSOCIATION, while able to use the facilities pursuant to the terms of this agreement, will in good faith work with the CITY regarding the CITY'S efforts to also make such facilities available on an equitable basis to any other entity(ies) deemed suitable by the City that also legitimately seek to have some use of the facilities. SECTION 9 INSURANCE The ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the ASSOCIATION and the 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 the CITY from and against all liability for claims arising out of or in connection with the ASSOCIATION'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. 9C - 9F • Page_ 51 of 63 $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. The ASSOCIATION shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the ASSOCIATION at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. The ASSOCIATION 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. 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 the CITY under any third party liability policy. The ASSOCIATION 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 10 INDEMNIFICATION THE ASSOCIATION AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ASSOCIATION ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE ASSOCIATION UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE ASSOCIATION 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 ASSOCIATION HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE ASSOCIATION HEREUNDER. THE ASSOCIATION 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 ASSOCIATION SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. 9C - 9F Page52of63 THE ASSOCIATION 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 ASSOCIATION CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY ASSOCIATION 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 SECTION 11 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS, SPECIFIC PERFORMANCE OR INJUNCTIVE RELIEF. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 11 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the ASSOCIATION and the CITY that the exhibits hereto attached shall be part and parcel of this Agreement as if set out in their entirety said exhibits being: 1. FIELD MAINTENANCE EXHIBITS "A" - CITY -Owned Field Maintenance Agreement 2. CONCESSION STAND OPERATION EXHIBITS "B" - Concession Stand Agreement 3. CLOSURE OF ATHLETIC FIELDS EXHIBITS "C" - Field Inspection and Closure Agreement 9C -9F Page 53 of 63 SECTION 12 TERMINATION OF AGREEMENT If either party, the CITY or the ASSOCIATION, 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 13 RESIDENT PARTICIPATION Both the CITY and the ASSOCIATION agree on a goal that all residents of Southlake will continue to have the opportunity, at all levels of ability, to participate in the athletic program established for their individual skill level. As an integral part of this goal the CITY encourages the ASSOCIATION to find a team for all Southlake residents who register by the program's stated registration deadline. The CITY also encourages the ASSOCIATION to continue its development of a "tweener" program. In addition, the CITY encourages the ASSOCIATION to strive for 25% resident participation in its select level programs and 85% resident participation in its recreational level programs. SECTION 14 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. • Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 14 are goals to which CITY officials, staff and employees 9C -9F Page54of63 are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. This Agreement is made and entered into on the day of CITY OF SOUTHLAKE by: CITY Secretary Mayor CITY of Southlake Approved as to form President CITY Attorney ASSOCIATION 9C - 9F Page 55 of 63 EXHIBIT "A" CITY -OWNED FACILITY AND FIELD MAINTENANCE AGREEMENT 1. The CITY shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. This may require up to twenty four (24) hours when the ASSOCIATION must stay off the fields after application. The City will give a forty eight (48) hour notice. The City will not close a field with a scheduled game. 2. The CITY shall perform all pre- season clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths. The CITY shall also provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary. 3. The CITY shall prep fields, as required, Monday through Friday, weather permitting, for regularly scheduled games. Note: Fields will not be prepared by the CITY for any game(s) unless the game(s) are on the schedule. 4. The CITY shall mark all foul lines. 5. The CITY shall set the pitching rubber distances on each field according to the first scheduled game after 4:OOpm on Fridays. The ASSOCIATION shall be responsible for changing the pitching rubber distances for subsequent games on Friday — Sunday. 6. The CITY shall maintain all back - stops, fences and gates in a safe and secure condition. 7. The CITY shall maintain all bleachers and dugouts in a safe and secure condition. 8. The CITY shall provide and maintain all area and ballfield lighting systems. 9. The CITY shall be responsible for the maintenance of any infield irrigation system and watering of the infields. 10. The CITY shall be responsible for the maintenance of any outfield and adjacent park irrigation systems and the watering of the outfield and of non - athletic turf areas. 11. The CITY shall maintain the restrooms in a safe and sanitary condition. 12. The CITY shall provide electrical power for the operation of the scoreboards. All costs to maintain /repair the scoreboards on the assigned fields will be the responsibility of the CITY. 9C -9F • Page56of63 13. The ASSOCIATION shall be responsible for the cost to maintain /repair the scoreboard controllers on the assigned fields. The CITY shall develop a letter of authorization to the manufacturer which authorizes the ASSOCIATION to purchase /repair scoreboard controllers as required. 14. The CITY shall provide and install the home plates, bases, base stakes and pitching rubbers. If the ASSOCIATION desires any specialized type of plates or base anchors, these shall be provided by the ASSOCIATION to the CITY for installation. 15. The CITY shall be responsible for chalking of baselines and any other field markings daily, Monday through Friday, during regularly - scheduled league games only. 16. The CITY will provide contract porter services on weekends. The porter service provided by the CITY will be limited to restroom cleaning and the removal of full trash bags from the trash receptacles. The schedule for the porter services will be set as deemed appropriate by the Director of Community Services. 17. The ASSOCIATION shall continue to be responsible for daily practice and game day policing of all litter on the field(s) to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds. All litter shall be placed in the bins, cans, and receptacles provided by the CITY. The CITY shall provide pick up for these receptacles. If within the CITY's judgment, the ASSOCIATION 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. 18. The ASSOCIATION shall be prohibited from performing any maintenance to any CITY property, including any turf or infield areas without permission from the CITY. 19. The ASSOCIATION shall work with the Parks Manager, or his designee, to obtain the proper training for motorized equipment usage and proper method for dragging fields, before the CITY will consider permission for the ASSOCIATION to prep the fields during weekend play. All equipment must be authorized by the Parks Manager prior to its usage to prep fields. Failure to follow the approved method for field prep will result in the authorization to prep the fields with motorized equipment being lost. 20. The ASSOCIATION shall be responsible for securing the facility at the end of each day or evening of play. This includes, but is not limited to, locking all ball field gates and doors and turning off all interior building lighting, pavilion lighting, and field lighting when the ASSOCIATION leaves the facility. 9C -9F • Page of 63 21. If ASSOCIATION desires to request any special park components or other special services be provided by the CITY for tournaments or other special events, such request shall be submitted to the CITY at least two (2) weeks prior to the start of the tournament or event. 22. All rescheduled games or make -up games must be approved by the CITY. The ASSOCIATION must provide at least 24 hours notice to the CITY of scheduled make -up games. 9C -9F Page 58 of 63 EXHIBIT "B" CONCESSION STAND AGREEMENT 1. The ASSOCIATION shall have exclusive use of the concession stand at the Bob Jones Park Softball Fields for the duration of this Agreement. 2. The ASSOCIATION shall at all times during the duration of this Agreement maintain the inside of the concession stand 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 commensurate 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, ice maker, and other structural components. 3. The ASSOCIATION shall be subject to pass an annual inspection by the Tarrant County Health Department. The ASSOCIATION is also responsible for any Health Department Certificates. 4. The ASSOCIATION shall be required to police the area of all trash, garbage, paper, boxes, cartons, cans, containers, litter, etc., generated by the concession stand. Adequate trash receptacles shall be furnished by the CITY. If within the CITY's judgment, the ASSOCIATION 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. 5. The CITY shall furnish the ASSOCIATION with key fobs for the concession stand, electrical room, and equipment room as deemed necessary by the Director of Community Services. 6. The CITY shall be responsible for off - season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand as dictated by the weather. 7. The ASSOCIATION shall be responsible for keeping on only the essential appliances during the season's non -use times. Only refrigerators, freezers and ice machines may be left on at all times. Ice machines shall be unplugged and water lines unhooked during the off - season. 8. The ASSOCIATION shall at all times during the duration of this Agreement be responsible for the sanitary conditions of the walls, ceilings, floors, cabinets, doors, etc., on the inside of the concession stand. 9C - 9F Page 59 of 9. The ASSOCIATION shall be responsible for the total contents of the concession stand. Securing any insurance for all the contents of the building is optional and will be the responsibility of the ASSOCIATION. 10. The CITY reserves the right to utilize the concession stand and /or score booths during this Agreement. 11. If facility is abandoned this Agreement is terminated. 9C -9F Page 60_of63 EXHIBIT "C" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure 1. It is raining at game time. 2. Softball infields and /or outfields too wet. 3. Athletic Fields need to be closed in the interest of participant safety and /or preservation of good playing surfaces. CITY Procedures for Athletic Field Closure (Weekdays) 1. Inspect Athletic Fields by 3:00 p.m. 2. Make a decision based upon field condition or weather. 3. List any closings on the CITY Field Closure Line (817) 748 -8028 by 4:OOpm. 4. The website is updated Monday through Friday by 4:00 pm. http:// www. citvofsouthlake .com /siteContent/70 /documents /Departments /C ommunityServices /Parks /RainoutLine.pdf 5. The Parks Manager or designee will have the final responsibility for canceling games with regards to field conditions for weekday games. 6. If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification by 4:00 p.m. 7. After games have begun and inclement weather becomes a factor, the ASSOCIATION officials shall follow the same guidelines as CITY staff for deciding cancellation or postponement. (Weekends) 1. If a decision at 3:00 p.m. Friday is not possible, the Parks Manager or designee familiar with the Athletic Fields will monitor the weather and field conditions throughout the weekend and make decisions on field closure as needed. 2. Inspect Athletic Fields by 7:00 a.m. on Saturday and Sunday. 3. Status for Saturday and Sunday afternoon and evening games may be reevaluated at the discretion of the Parks Manager or designee at 11:30 a.m. and the field decision will be made prior to noon that day. 4. The CITY Field Closure Line (817) 748 -8028 will also be updated by 8 a.m. for Saturday and Sunday games. Note: The website is only updated Monday through Friday. 9C - 9F Page of 63 5. The Parks Manager or designee shall consult with the ASSOCIATION's Field Manager about the status of the fields. 6. Should the ASSOCIATION's Field Manager and the Parks Manager or designee not agree, the decision of the Parks Manager or designee shall be final. CITY Responsibility for Implementation 1. The primary responsibility for making field closure decisions rests with the Parks Manager or designee responsible for Athletic Field maintenance. 2. In the Parks Manager or designee's absence, the Athletic Field Crew Leader shall make the decision concerning Athletic Field closures. 3. The Athletic Field Crew Leader shall consult with the Parks Manager on any decision concerning Athletic Field closures. 4. In the absence of both the Parks Manager or designee and the Athletic Field Crew Leader, a person designated by the Parks Manager shall make decisions concerning Athletic Field closures. 5. The appropriate ASSOCIATION's Field Manager has the responsibility to inform the ASSOCIATION and the participants about the field closure decision. 9C - 9F Page 62 of 63 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT CITY OF SOUTHLAKE AND SOUTHLAKE GIRLS SOFTBALL ASSOCIATION APPENDIX SECTION A SCOPE OF SERVICES The ASSOCIATION agrees to provide a recreational youth softball program that adheres to the City of Southlake's organization values outlined in Section 14 of the Agreement. The CITY agrees to permit the use of its facilities known as Bob Jones Park Softball Fields, located in Bob Jones Park, to Southlake Girls Softball Association for the 2011 - 2013 seasons. SECTION B TERMS OF AGREEMENT 1. This Agreement will be effective the date signed by the Mayor. 2. The term of this Agreement shall be from January 25, 2011, through December31, 2013. 3. The beginning of a season is the first day the association utilizes the field(s) for coach look, tryouts, scrimmages, pre- season games, games, clinics, or camps for that corresponding season. The end of a season is the last day the association utilizes the field(s), as described above, for that corresponding season. 4. Girls Softball shall consist of the following seasons: o Spring Recreational (typically February - May) o Select (typically February — November) o Fall Recreational (typically August - November) 5. A maximum of eighteen tournaments, actually played, will be allowed per year. No tournaments will be allowed the weekend of Soccerfest (typically the third weekend in May each year). This includes any overflow, co- hosted, or joint tournaments with other associations /entities. This does not include league tournaments for the spring and fall season leagues. An annual tournament calendar shall be submitted by January 15 each year. An ASSOCIATION rep shall be available at all times during all tournaments. 6. The collection of admission or "gate" fees by the ASSOCIATION is permissible, at 9C -9F Page 63 of 63 the Bob Jones Park softball fields only, for tournaments (not including regular season tournaments). The ASSOCIATION agrees that the location of such admission access points shall not prevent or impede other park users from accessing other general areas of the park. 7. The collection of tournament entry/registration fees by the ASSOCIATION is also permissible. 8. All fields will be unavailable during the CITY's scheduled maintenance period from May 23, 2011 through June 5, 2011 (as well as the same corresponding dates for 2012 and 2013); and during the months of December and January. In addition, no tournaments may be held during the third weekend in May each year (during Soccerfest). 9. The CITY will have priority on Fields 1 and 2 during the CITY's Spring and Fall Adult Softball leagues. The CITY will have priority to the facility for any CITY event. 10. Additional facility usage may be permitted by the Director of Community Services. Additional facility usage requests must be submitted in writing to the Director of Community Services a minimum of two (2) weeks in advance. 11. Fields that are not being utilized by the ASSOCIATION or the CITY will be made available for public use. The CITY will work with the ASSOCIATION to identify any available fields. 12. Only those ASSOCIATION representatives who have been issued a permit by the CITY will be allowed to drive automobiles into the complex on the pedestrian pathways. The permit will only be issued by the CITY to those ASSOCIATION representatives responsible for the delivery of concession and building supplies to the concession /restroom /storage facilities. The permit allows for the drop -off and pick -up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The ASSOCIATION must contact the Recreation Superintendent for a permit. Violators will be ticketed by Southiake Police. 13. The ASSOCIATION must request permission in writing to utilize a golf cart or workman type utility vehicle on CITY property. If approved, a permit will be issued by the CITY to the ASSOCIATION on a per vehicle basis. Misuse of the vehicle, as determined by the CITY, may result in the cancellation of the permit and ability of the ASSOCIATION to use these vehicles. 14. Minor, functional and operational amendments to this Agreement must be approved by the Director of Community Services. Except as otherwise authorized herein, any other substantive amendments to this Agreement must be approved by City Council following a recommendation by the Parks and Recreation Board.