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Item 5D�.nyviavuUUara, texas MEMORANDUM January 14, 2003 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Interim Director of Community Services (xt.1527) SUBJECT: Approval of the 2003 Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association (SCLA) Action Requested: City Council approval of the Facilities Utilization Agreement with the Southlake Carroll Lacrosse Association (SCLA). Background Information: The Southlake Carroll Lacrosse Association (SCLA) currently serves boys from grade 5 and up and girls from grade 7 and up In general, the facilities utilization agreement is intended to address such issues as practice dates, insurance requirements, hours of practice, field maintenance, and field requirements, among others. The agreement has was drafted by staff and then forwarded to the association for review and comment. Based upon the review of staff and the association, changes to this year's agreement include: ■ Practice and game dates for the year 2003 ■ Minor wording modifications intended to clarify the document ■ Staff proposes that the Facilities Utilization Agreement be automatically renewable for a period of twelve (12) months. Substantial changes will need to be approved by City Council ■ A proposed fee of $15.00 per hour /per staff person for litter clean up and additional field preparation. ■ A proposed fee to cover the utility cost for lights left on when fields are not in use. The amount will be determined based on the adopted fee schedule. Also included as part of the agreement are the general field requirements for SCLA which include: Carroll Intermediate School playing field. Texas School of Baseball (Large Field) Financial Consideration: Not Applicable Financial Impact: Staff has proposed a fee of $15.00 per hour/ per staff member be charged for litter clean up and additional field preparation beyond what is provided in the Billy Campbell, City Manager January 14, 2003 Page 2 agreement. Staff also proposes a fee to cover the additional cost of electricity if the lights are not turned off while the fields are not in use, as specified in the agreement. The intent of these proposed fees is to serve as an incentive to the associations to reduce the unnecessary cost incurred by the City and to allow staff time to focus on the field conditions. Citizen Input/ Board Review: The Parks and Recreation Board unanimously approved (7 -0) at their January 13, 2003 meeting, recommending the Facilities Utilization Agreement to City Council for approval. The Agreement has been reviewed and verbally approved by the Southlake Carroll Lacrosse Association. Legal Review: The proposed facilities utilization agreement is modeled after previous facilities utilization agreements, which have been reviewed by the City Attorney. Alternatives: • Council comment and input on the facilities utilization agreement. • Council recommendation not to approve the facilities utilization agreement as presented. Supporting Documents: Proposed 2003 Facilities Utilization Agreement with SCLA. Staff Recommendation: City Council approval of the 2003 Facility Utilization Agreement with the Southlake Carroll Lacrosse Association. CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 20033 FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City ", and the Southlake Carroll Lacrosse Association, herein called "SCLA ". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide practice fields as defined by Exhibit "C ", SCLA Field requirements. Facilities in Exhibit "C" are herein called "Premises" in accordance with the terms of this Agreement. II. SEASONS AND HOURS The seasons of this Agreement shall be Spring Season, Fall Season on the days of Monday through Sun4aay with each facility usage to not begin before 4.48 4.00p.m. on weekdays or 940 8:00 a.m. on Saturdays, and 12 :0;, 10:00 a.m. on Sundays. SCLA agrees to stop play (includes games and practices) by 9:00 p.m. on Sunday Sundayshr � Thursday ,,, a— 11:00 10:00 p.m. on Friday and SaturdayMonday- Saturday Lights - - Formatted: Font: Times New Roman, 10 pt, Frida wid Satur Except.,...: Time Exception • times for er usage _of lights _may be ----- - Pattern` clear extended for tournament play with prior notification and permission from the - - Formatted: Not Highlight Director of Community Services. Formatted: Not Highlight The following are approximate dates for significant activities: Spring Summer Fall Practice Begins January 1, 2003 June 1, 2003 September 1, L003Jawjapf , 2�Se�teerT2OOZ Practice Ends May 11, 2003 August 30, 2003 December 27, 2003Ma =��2�' 9ese�er 28 III. TERM This agreement will be effective the date signed by the mayor. At the City's option and _ _ - Formatted: Highlight mutual agreement with SCLA, the contract will be automatically, renewed annually for a Formatted: Highlight period of twelve (12) months. If the City exercises the right in writing, SCLA shall Formatted: Highlight update and submit any documents required during the initial solicitation by no later _ _ t Formatted: Highlight than sixty (60) calendar days prior to the commencement of the option period. The documents. if aaDlicable. will include. but are not limited to .Droof of insurance. leaaue start and end dates, amendments to the agreement, etc_ Substantial amendments to ------ Formatted: Highlight this agreement must be approved by City Council. IVI4. FEES AND ASSIGNMENT SCLA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. Access to other Premises activities shall be clearly available. SCLA shall not assign this agreement nor shall it rent out any property of the City without prior written consent of the City. V. UNLAWFUL ACTIVITIES SCLA shall not engage in any activities on the premises which are in violation of any existing state, federal, local law or use the premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. V. INDEMNITY SCLA 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 ANY NEGLIGENT ACT OR OMISSION COMMITTED BY SCLA OFFICIALS, PLAYERS, MEMBERS, OFFICERS, OR EMPLOYEES OF THE CITY IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER THIS AGREEMENT. THIS INDEMNIFICATION SHALL SPECIFICALLY INCLUDE ANY CLAIMS ARISING FROM THE NEGLIGENCE OF, TORTIOUS ACTIVITY OF, OR VIOLATION OF STATUTE BY THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN PARAGRAPH XII OF THIS AGREEMENT. VI. DOCUMENTS AND OFFICERS SCLA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by -laws of SCLA. Names, addresses and phone numbers of all officers and board members of SCLA shall also be submitted to the Parks and Recreation Division within two weeks after election or appointment. Southlake Parks and Recreation Division shall submit to SCLA the Names, addresses and phone numbers of all appropriate contacts of the Parks and Recreation Division and directors and Parks Board members within two weeks after election or VIII. ROSTERS AND SCHEDULES SCLA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for their practice season. The rosters shall be submitted within two weeks after completion of registration and the full schedule of practices shall be submitted at least one week prior to the first practice. IXV-I. FIELD MANAGER SCLA shall furnish the Parks and Recreation Division the nameisl and telephone numberisl of person�sl designated as field managerlsl. It shall be the responsibility of the field manager to meet with and discuss field conditions with a Parks and Recreation Division representative. It shall also be the responsibility of the field manager to submit a work order form to the Parks and Recreation Division to request any maintenance not specifically mentioned within this agreement or any needed repairs or supplies. The SCLA Field Manager shall meet before each season with the Pa Gr e Leader desicinated City representative to be briefed on maintenance procedures and techniques. X. COMMUNICATION All substantial issues and conflicts shall be discussed between the Director of Community Services and President of SCLA or their designee. 1XI. INSURANCE SCLA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect SCLA and CITY from all claims for damages to property and persons, and such insurance policy shall carry the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by competitors in the organized athletic activity. The insurance shall protect CITY from and against all liability for claims arising out of or in connection with SCLA's use and occupation of the premises. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. 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. SCLA shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by SCLA at the City of Southlake Park Facilities, whichever event occurs first. SCLA 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 CITY under any third party liability policy. SCLA 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. UI■a1:119XI&IdOWLIEAral23 iM2!g mamgu m SCLA agrees to pay the CITY a field usagem°i^* ^ ° ^ ^ ° ^ce fee of $8.00 per player per season to help offset the sever costs for lighting and maintaining fields in playing condition. This fee is due to the Southlake Parks and Recreation Division within three (3) weeks after completion of iek"isag regular registration. XIII. COMMISSIONER SCLA agrees to provide a leaque representative on -site at each SCLA organized league or tournament game held on the premises. XIV. EXHIBITS The City and SCLA agree that the exhibits attached to this Agreement are incorporated into this Agreement as if set out in their entirety. Exhibits included are: .- - - Formatted: Left MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. SCLA FIELD REQUIREMENTS "C 20032 Field Requirements XV4. SCHEDULING The City reserves the right to utilize the premises when SCLA activities are not scheduled. If SCLA fails to use the premises for its scheduled activities, the City may terminate this Agreement. XV1144. DEFAULT If either party, City or SCLA, 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. XfVll. JOINT EFFORTS This agreement was prepared by the joint efforts of the parties to the agreement. This Agreement is made and entered into on the day of 2004. CITY of SOUTHLAKE by: Lori Farwell City Secretary Rick Stacy, Mayor City of Southlake Approved as to form Kelli Riley, President City Attorney Southlake Carroll Lacrosse Association This Agreement approved by the Board of Directors, Southlake Carroll Lacrosse Association, and entered into the minutes of the Board meeting held 20 84. Secretary Southlake Carroll Lacrosse Association EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain markings for CIS field if used for games and field lighting. All CIS field turf areas to include mowing, weed control, fertilizing and herbicide spraying are the responsibility of the Carroll Independent School District. The CITY shall be responsible for mowing, weed control. fertilizina and herbicide saravina of Texas School of Baseball practice field. 2. The CISD is responsible for the maintenance of any turf irrigation system and watering of th CIS field. The CITY shall be responsible for the maintenance of any turf irrigation system and watering of TSB. 3. The SCLA is responsible for the set up and removal of goals, field markings, nets, and corner flags for all games and practices. 4. SCLA shall be responsible for daily practice collection of all litter on the fields to include playing areas, fences, bleachers, and adjacent grounds. IF WITHIN THE - -- Formatted: Highlight CITY'S JUDGEMENT, _SCLA DOES NOT COMPLY WITH LITTER COLLECTION, A - -( Formatted: Highlight ---------------------------------- NOTIFICATION LETTER WILL BE ISSUED BY THE CITY REQUESTING IMMEDIATE COMPLIANCE. IF THE CITY DEEMS, FURTHER NOW COMPLIANCE WILL RESULT INp, FEE OF $15.00 HOUR /STAFF PERSON FOR -- Formatted: Highlight ----------------------------------- LITTER CLEAN UP. JAII litter shall be placed in the receptacles provided.1 5. SCLA shall be prohibited from performing any maintenance to any turf areas without permission from the City and /or CISD. t- - - Formatted: Tab stops: Not at 0.25" 6. ,SCLA shall ensure that all field lights are turned off at the completion of all practices \ - Formatted: Highlight and games in accordance with Section II. Seasons and Hours. Under no Formatted: Bullets and Numbering circumstances should the lights be left on when fields are not in use. If SCLA fails to do so they may be assessed a utility bill for the additional cost of electricity_ The ------ Formatted: Highlight amount will be determined based on the adopted fee schedule. The CITY will --------- Formatted: Highlight Drovide the Field Manaaer kevs necessary for access to all liaht switches. 7. Citv Ordanance No. 827. Chaater 12. Section 12 -32 Daraaraah 17 states that the Director of Community Services or his designated representative is authorized to assign any game field owned or leased by the City as closed field for ,maintenance _or _ to protect the surface of the game field from damage. It shall be ,unlawful for non -City employees to go upon afield which has been designated as , ,closed field and has posted thereon a sign stating "Closed Field —Do Not trespass , ,on this field_$ 250 -$500 Fine"- -------------------------------------- 8. The CITY shall maintain the restrooms in a sanitary condition. 9. SCLA shall ensure that all secured areas remain locked and /or are locked at the completion of each activity. SCLA shall chain pates to the fields after the conclusion of all practices and games. The CITY will provide the Field Manager keys necessary for access to main gate(s) and to all field pates. Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Bullets and Numbering Formatted: Bullets and Numbering EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure or Postponement 1. Raining at game time. 2. Playing field too wet. 3. Athletic Fields need to be closed in the interest of Darticiaant safetv and /or preservation of good playing surfaces. CITY Procedures for Athletic Field Closures (Weekdays) 1. The CITY will inspect Athletic Fields by 3:00 p.m. and will, as a means of communication, list any closing on the CITY rain -out line (817- 481 - 1596). The Parks Supervisor or his designee will have the final responsibility for canceling games with regards to field conditions for weekday games. 2. After games have begun and inclement weather becomes a factor, SCLA officials shall follow the same guidelines for deciding cancellation or postponement. (Weekends) 1. The Parks Supervisor or his designee will monitor the weather and field conditions and consult with the appropriate SCLA Field Manager, Commissioner, or their designate, about the status of the field(s) by 7:00 a.m. Saturday morning. Status for Saturday p.m. games may be reevaluated at the discretion of the Parks Supervisor at 11:30 a.m. and the field decision will be made prior to Noon Saturday. The rain - out line will also be updated by 7 a.m. for Sunday games. The SCLA field manager will be notified immediately of anv field closures. 2. After games have begun and inclement weather becomes a factor, SCLA officials shall follow the same guidelines for deciding cancellation or postponement. CITY Staff Guidelines for Implementation 1. The primary responsibility, within the Park Maintenance staff, for making field closure decisions rests with the Parks Supervisor. 2. In the Parks Supervisor's absence, the appropriate Park Division designee shall make the decision concerning Athletic Field Closures. Notifications t - - - i Formatted: Indent: Left: 0 ", First line: 0" OTIFICATIONS t- - - Formatted: Indent: Left: 0 ", First line: 0" 1. The appropriate SCLA Field Manager has the responsibility to notify the SCLA and the participants about the field closure decision. 2. The CITY staff will place notification of field conditions on the "field condition" -- - - Formatted: Bullets and Numbering phone line (817- 481 -1596) by 3:00 p.m. on weekdays and 7:00 a.m. on weekends when activities are scheduled. The information line phone number is subject to change. The CITY will provide SCLA with revisions. 3. The Parks Supervisor must receive a minimum of 24 hours prior notification during normal business hours any request to reschedule games.. If 24 hour notice is not received the field may not be prepared for use. 4. If a game is canceled due to rain, that game cannot be moved to another field without the approval of the Parks Supervisor or his designee. 5. Associations are required to comply with and enforce all posted facility signage. .- - - Formatted: Indent: Left: 0 ", Hanging: 0.25" 2. The city Staff w ill p not of fie cond on "field co nditi o n" ph o n e .- - - Formatted: Bullets and Numbering lino (817_481 _1596) by 4:00 n .r, o n w eekdays . EXHIBIT "C" 2002 FIELD REQUIREMENTS FIELD REQUIREMENTS -- SPRING Fields Practice Dates Games Dates Carroll Intermediate School 1/1/03 - 5/11/03 -5/4/82 Tuesdays Wednesdays 1/1/03 - 5/11/03 Thursdays 4:30 p.m —839 p.m. Saturdays R39 °. – �.nnn . TSB Large Field 111/03 - 5/11/03 1/1/03 - 5/11/03 - - Formatted Table FIELD REQUIREMENTS -- SUMMER .- - - Fields Practice Dates Games Dates Carroll Intermediate School 6/1/03 - 8/1/03 6/1/03 - 8/1/03 TSB Large Field 6/1/03 - 8/1/03 6/1/03 - 8/1/03 FIELD REQUIREMENTS - -FALI Fields Practice Dates Games Dates Carroll Intermediate School 9/1/03 - 12/27/03 1 2128102 9/1/03 - 12/27/03 Trrar..rcrayv 4:30n –a:30p . Saturdays 39 1.9 P.M. TSB Large Field 9/1/03 - 12/27/03 9/1/03 - 12/27/03 Formatted: Centered - - Formatted Table .- - - Formatted: Left