Loading...
Item 5E�.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 Grapevine Southlake Soccer Association (GSSA) Action Requested: City Council approval of the Facilities Utilization Agreement with the Grapevine Southlake Soccer Association (GSSA). Background Information: The Grapevine Southlake Soccer Association (GSSA) currently serves approximately 2822 children during the Fall season and 3103 during the Spring season. The participants are between the ages of 4 and 19. Annually, the City of Southlake and GSSA enter into an agreement for the use of game and practice fields for spring and fall seasons. In general, the facilities utilization agreement is intended to address such issues as season dates, insurance requirements, hours of play, field maintenance, field requirements, and concession stand use, among others. Through the years, staff has reviewed other municipal field usage agreements as part of the development process for the current document. The draft agreement is also reviewed annually by staff in order to address any recent changes and is then forwarded to the Association for review and comment. Based on the review of staff and the association, changes to this year's agreement include: • Proposed 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 utility cost for lights left on when the 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 GSSA which include: Billy Campbell, City Manager Bob Jones Park fields January 14, 2003 Page 2 • Carroll Elementary School soccer practice area • Johnson Elementary School practice area • St. Martin's practice fields #1 and 42 • Durham Elementary practice fields # 1 and 42 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 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 Grapevine Southlake Soccer 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 decision not to enter into an agreement with GSSA for the use of City athletic facilities. Supporting Documents: Proposed 2003 Facilities Utilization Agreement with GSSA (redline /strikeout copy with changes shown) Staff Recommendation: City Council approval of the Facility Usage Agreement with the Grapevine Southlake Soccer Association. CITY OF SOUTHLAKE PARKS AND RECREATION DIVISION 2003 FACILITIES UTILIZATION AGREEMENT The parties to this agreement are the City of Southlake, Texas, herein called "City ", and the Grapevine - Southlake Soccer Association, herein called "GSSA ". FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: I. PREMISES City agrees to provide game fields and practice fields as defined by Exhibit "C ", GSSA Field requirements. GSSA shall provide field requirements and dates for Spring and Fall to City at least 90 days prior to opening day of a season. 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 and tournaments on the days of Monday through Sunday, with each facility usage to not begin before 4:00 p.m. on weekdays or 8:00 a.m. on Saturdays, and 12:00 p.m. on Sundays. GSSA agrees to stop play (includes games and practices) by 10:00 p.m. on Sunday thru Thursday, and 11:00 p.m. on Friday and Saturday. Lights will be turned out respectively at 10:30 p.m. on Sunday thru Thursday, and 11:30 p.m. on Friday and Saturday. Exception: Times for usage of lights may be extended for tournament play with prior notification and permission from the Director of Community Services. The following are approximate dates for significant activities: The facilities provided by this Agreement are herein called "Premises." 111. TERM - Formatted: Highlight This agreement will be effective the date signed by the Mayor. At the City's option and , - Formatted: Highlight mutual agreement with GSSA, the contract will be automaticalIX renewed annually for a , - Formatted: Highlight period of twelve (12) months. If the City exercises the right in writing, GSSA shall update and submit any documents required during the initial solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. The Spring Fall Practice Begins February 10, 2003 August 18, 2003 Opening Day February 22, 2003 September 6, 2003 End of Regular Season May 17, 2003 November 29, 2003 Tournament Play May 12 -18, 2003 Mid - December, 2003 The facilities provided by this Agreement are herein called "Premises." 111. TERM - Formatted: Highlight This agreement will be effective the date signed by the Mayor. At the City's option and , - Formatted: Highlight mutual agreement with GSSA, the contract will be automaticalIX renewed annually for a , - Formatted: Highlight period of twelve (12) months. If the City exercises the right in writing, GSSA shall update and submit any documents required during the initial solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. The documents, if applicable, will include, but are not limited to, proof of ipsurance, league - - Formatted: Highlight start and end dates, amendments to agreement_, etc. Substantial amendments to this ------ Formatted: Highlight agreement must be approved by City Council. IVII4. FEES AND ASSIGNMENT GSSA shall not charge any fees for admission without prior approval of the Parks and Recreation Board for any event. (Example: approved tournaments) GSSA reserves the right to request a voluntary donation for admission to events other than regularly scheduled league games. GSSA agrees to provide signs clearly indicating donations are requested only for the GSSA activity occurring on Premises. Access to other Premises activities shall be clearly available. GSSA 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 GSSA 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. PERMISSION FOR INSTALLATION OR CONSTRUCTION GSSA, in accordance with the City's Donation Policy shall submit for approval any proposal to install or construct temporary or permanent structures, signs, equipment, or other related items. Permanent structures shall become the property of the City. GSSA is allowed a maximum of two (2) signs listing GSSA sponsors for the current and previous year. Signs are not to exceed the size of (4 feet X 8 feet). VI. INDEMNITY GSSA 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 GSSA 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 ANYGOVERNMENTAL 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. VIII. FOOD SERVICE GSSA shall ensure that all food or drink prepared, served, sold, or stored complies with all city, state, county and federal law. IXV14. DOCUMENTS AND OFFICERS GSSA shall submit to the Southlake Parks and Recreation Division a copy of rules and regulations, charters, constitution, and by -laws of GSSA. Names, addresses and phone numbers of all officers and board members of GSSA 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 GSSA the Names, addresses and phone numbers of all appropriate contacts of the Parks and Recreation Division_ T fX. ROSTERS AND SCHEDULES GSSA shall furnish to the Parks and Recreation Division rosters of all participants domicile and a listing of the full schedule for the season. The rosters shall be submitted within two weeks after completion of registration and the full schedule shall be submitted at least one week prior to the first regular season game. TOURNAMENT SCHEDULES MUST BE SUBMITTED NOT LESS THAN 14 DAYS PRIOR TO THE TOURNAMENT. XI. FIELD MANAGER GSSA shall furnish the Parks and Recreation Division the namejsj and telephone numberisl of personisl designated as field managerisl. 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 GSSA Field Manager shall meet before each season with the Parks Srew designated City representative Leader to be briefed on maintenance procedures and techniques. .- - - Formatted: Tab stops: 0.06 ", Left XII. COMMUNICATION .--- Formatted: centered All substantial issues and conflicts shall be discussed between the Director of Community Services and President of GSSA or their designee. XIII. INSURANCE GSSA at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect GSSA 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 GSSA'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. GSSA 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 GSSA at the City of Southlake Park Facilities and CISD Athletic Facilities, whichever event occurs first. GSSA 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. GSSA 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. XIV4. FIELD USAGE USAGE FEE BegiRR OR the f-all of 2002 GSSA agrees to pay the City a field usagem inteP ^ ^� ^^° fee to help offset the costs for lighting and maintaining fields in playing condition. The fee will be assessed at a per season rate of $8.00 per GSSA participant multiplied by the percentage of total league games in a season played on City of Southlake fields. The fee is due to the Southlake Parks and Recreation Division within (23) weeks after completion of each easo..� ^ ^ °l season tr at'on. - Formatted: Font: Not Bold, Not Italic, No underline L: AW 1 AW K 6111 111 I [may [ 010 I:1 C 7 GSSA agrees to provide a league representative on -site at each GSSA organized -- - - Formatted: Lett j leaaue or tournament aame held on premises. XfVlf4. EXHIBITS The City and GSSA agree that the exhibits attached to this Agreement are incorporated into this Agreement as if set out in their entirety. Exhibits included are: 1. MAINTENANCE EXHIBITS "A" Maintenance Agreement for Public Fields 2. CLOSURE OF ATHLETIC FIELDS EXHIBITS "B" Field Inspection and Closure Agreement 3. GSSA FIELD REQUIREMENTS "C" 2003 Field Requirements XfVll. SCHEDULING The City reserves the right to utilize the premises when GSSA activities are not scheduled. If GSSA fails to use the premises for its scheduled activities, the City may terminate this Agreement. Formatted: Underline XVIII - Formatted: Underline X�LDEFAULT .--- Formatted: Bullets and Numbering If either party, City or GSSA, 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. XIXVf. 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 20038 CITY of SOUTHLAKE by: Lori Farwell, Sandra L eGran4 City Secretary Rick Stacy, Mayor City of Southlake Approved as to form City Attorney -Jeff EberhartT R DeEk ^^ President Grapevine - Southlake Soccer Association This Agreement approved by the Board of Directors, Grapevine - Southlake Soccer Association, and entered into the minutes of the Board meeting held 20 Secretary Grapevine- Southlake Soccer Association EXHIBIT "A" MAINTENANCE AGREEMENT FOR PUBLIC FIELDS 1. The Parks and Recreation Division (City) shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying. 2. The City shall perform all pre- season turf maintenance to include top dressing aerat,on a,^ an aeration, and fertilization. and cutting fi marki li , - Formatted: Highlight 3 The City shall mark field lines when n ecessar y for sched league play-. CI , - Formatted: Highlight shall prepare the fields on Fridays for the weekend. Additional field prep will be the responsibility of GSSA. If GSSA needs weekend preparation by the CITY beyond what is provided through the agreement,a fee of $15.00 per hour /staff member will , - Formatted: Highlight be charged for preparation of the fields. Requests must be made no later than 2:00 , - Formatted: Highlight p.m. on the Thursday prior to the game Formatted: Highlight Formatted: Highlight 4. The City shall provide line chalk /paint for completing markings only on fields maintained and scheduled through the City. GSSA shall provide line chalk /paint for its own additional uses and may line fields as needed in addition to the above. 5. The City shall be responsible for the maintenance of all goals, bleachers, and restrooms. 6. The City shall be responsible for the maintenance of any turf irrigation system and watering of the field. 7. The City will install and maintain goals including the set up and removal of goal nets. — The GSSA is responsible for the set up and — removal ofd corner flags for all practices and games. 8. -GSSA shall be responsible for daily practice and game day collection of all litter on their fields to include playing areas, fences, bleachers, concession stands and adjacent grounds. All litter shall be placed in the receptacles provided by the City. The City shall provide pick up for these receptacles. Any overflow trash resulting from concession use should be placed in the "dumpster" receptacle. IF WITHIN , - Formatted: Highlight THE CITY'S JUDGEMENT GSSA DOES NOT COMPLY WITH;LITTER - - - -, , - Formatted: Highlight COLLECTION A NOTIFICATION LETTER WILL BE ISSUED BY THE CITY Formatted: Highlight REQUESTING IMMEDIATE COMPLIANCE. IF THE CITY DEEMS, FURTHER NON - COMPLIANCE WILL RESULT INE, FEE OF $15.00 PER,HOUR /PER STAFF , - Formatted: Highlight MEMBER FOR LITTER CLEAN UP. Formatted: Highlight Formatted: Highlight 9. GSSA shall be prohibited from performing any maintenance to any turf areas ---- Formatted: Tab stops: 0.44 ", Left + o.s °, without permission from the City. J Left 10. GSSA will provide all necessary maintenance equipment, used for its purposes, not specifically named in this Agreement. 11. GSSA shall ensure that all field lights are turned off at the completion of all practices and games in accordance with Section II. Seasons and Hours. Under Formatted: Highlight no circumstances should the lights be left on when fields are not in use. If GSSA Formatted: Highlight fails to do so they may, be assessed a utility bill for the additional cost of - - - __' / Formatted: Highlight electricity. The amount will be determined based on the adopted fee schedule. - Formatted: Highlight The- CITY will provide the Field Manager -keys necessary4or access to-all light s..° .d + �oor� ^ r e Formatted: No underline Uty Ordnance No. 621 Gha pter 12, 5ectlon 12 -32 p ara ra p h 1 / states that the Bfeet Formatted: Indent: Left: -0.31", Tab stops: of Communitv Services or his desianated rearesentative is authorized to assian anv as 0.38" , Left + Not at 0.75° field owned or leased by the City as a closed field for maintenance or to protect the surface of the game field from damage. It shall be unlawful for non -City employees to go upon a field which has been designated as a closed field and has posted thereon a sign statina "Closed Field — Do not tresaass on this field $250 - $500 Fine ". t- - - Formatted: Centered, Tab stops: 0 ", Left + t Not at -0.25' Formatted: Centered 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, GSSA 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 GSSA 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 GSSA field manager will be notified immediatelv of anv field closures. 2. After games have begun and inclement weather becomes a factor, GSSA 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 1. The appropriate GSSA Field Manager has the responsibility to notify the GSSA 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 GSSA 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. EXHIBIT "C" 2003 FIELD REQUIREMENTS SPRING Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week U4 2/22/03 14 8 8 N/A 1 U5 2/22/03 40 8 8 N/A 1 U6 2/22/03 38 8 8 N/A 1 U7G 2/22/03 10 8 8 N/A 1 U713 2/22/03 22 8 8 N/A 1 U8G 2/22/03 12 8 8 1 1 U813 2/22/03 20 8 8 1 1 U9G 2/22/03 14 10 10 1 2 U913 2/22/03 14 10 10 1 2 U10G 2/22/03 12 10 10 1 2 U10B 2/22/03 10 10 10 1 2 U 11 G 2/22/03 6 10 10 1 2 U11B 2/22/03 6 10 10 1 2 U12G 2/22/03 4 10 10 1 2 U12B 2/22/03 4 10 10 1 2 U13G 2/22/03 3 10 10 1 2 U13B 2/22/03 3 10 10 1 2 U14G 2/22/03 2 10 10 1 2 U14M 2/22/03 2 10 10 1 2 U15G 2/22/03 1 10 10 1 2 U15B 2/22/03 1 10 10 1 2 U16G 2/22/03 1 10 10 1 2 U16B 2/22/03 1 10 10 1 2 U17G 2/22/03 1 10 10 1 2 U17B 2/22/03 1 10 10 1 2 U18G 2/22/03 1 10 10 1 2 U18B 2/22/03 1 10 10 1 2 U19G 2/22/03 1 10 10 1 2 U19B 2/22/03 2 10 10 1 2 => Estimated Number of Participants Overall: 3103 =:;, No games scheduled: FIELD REQUIREMENTS -- SPRING: Fields Practice Dates Game Dates Bob Jones Park 2/10/03 - 5/17/03 2/22/03 - 5.'17/03 Soccer Fields # 1 . 2, 3, ^, 6 , 7, 4, 10, ii 12 1� 14 Carroll Elementary School 2/10/03 - 5/17/03 No games Soccer Practice Area Johnson Elementary School 2/10/03 - 5/17/03 No games Soccer Practice Area St. Martins 2/10/03 - 5/17/03 No games Practice Fields # 1 and # 2 Mon - Friday After 4:00 p.m. Saturday until 3:00 p.m. No Sundays Durham Elementary #1 and #2 2/10/03 - 5/17/03 No games => Tournament Play EXHIBIT "C" 2003 FIELD REQUIREMENTS FALL Division Opening Day Estimated Teams League Games Weeks of Season Weeks of Tournament Practices per Week U5 9/6/03 44 8 8 N/A 1 U6 9/6/03 42 8 8 N/A 1 U7G 9/6/03 12 8 8 N/A 1 U7B 9/6/03 24 8 8 N/A 1 U8G 9/6/03 14 8 8 1 1 U8B 9/6/03 22 8 8 1 1 U9G 9/6/03 16 10 10 1 2 U9B 9/6/03 16 10 10 1 2 U10G 9/6/03 12 10 10 1 2 U10B 9/6/03 6 10 10 1 2 U 11 G 9/6/03 6 10 10 1 2 U 11 B 1 9/6/03 4 10 10 1 2 U12G 9/6/03 4 10 10 1 2 U12B 9/6/03 3 10 10 1 2 U13G 9/6/03 3 10 10 1 2 U13B 9/6/03 2 10 10 1 2 U14G 9/6/03 2 10 10 1 2 U14M 9/6/03 1 10 10 1 2 U15G 9/6/03 1 10 10 1 2 U15B 9/6/03 1 10 10 1 2 U16G 9/6/03 1 10 10 1 2 U16B 9/6/03 1 10 10 1 2 U17G 9/6/03 1 10 10 1 2 U17B 9/6/03 1 10 10 1 2 U18G 9/6/03 1 10 10 1 2 U18B 9/6/03 1 10 10 1 2 U19G 9/6/03 1 10 10 1 2 U19B 9/6/03 2 10 10 1 2 =z> Estimated Number of Participants Overall: 2822 => No Games schedule on the following dates: FIELD REQUIREMENTS - -FALL Fields Practice Dates Game Dates Bob Jones Park Soccer Fields # �, 3, 4, 6 o 7, QR , Tn ��, �2, 1 8/18/03- 11/29/03 9/6/03 - 11/29/03 Carroll Elementary School Soccer Practice Area 8/18/03 - 11/29/03 No games Johnson Elementary School Soccer Practice Area 8/18/03- 11/29/03 No games St. Martins Practice Fields # 1 and # 2 8/18/03- 11/29/03 Mon - Friday After 4:00 p.m. Saturday until 3:00 p.m. Nogames No Sundays Durham Elementary #1 and #2 8/18/03 - 11/29/03 No games =:� Tournament Play Mid December