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Item 4DCITY OF SOUTHLAK- MEMORANDUM July 27, 2011 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services 4D -1 SUBJECT: Approve a Facilities Utilization Agreement with Dragon Youth Football Action Requested: City Council approval of a Facilities Utilization Agreement with Dragon Youth Football (DYF) Background Information: The City of Southlake coordinates with various youth sports associations to offer a variety of athletic programs. These arrangements are historically documented and authorized through a written agreement referred to as a facilities utilization agreement (FUA). A separate agreement is held with each of the youth athletic organizations participating in the use of City -owned fields and facilities. The FUA with DYF presented for your approval was developed using the results from meetings and discussions 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 that occurred last year to standardize all FUAs. The proposed FUA with DYF is essentially the same agreement that was approved last year for the use of the turf area at the Bob Jones Park Amphitheatre for flag football practices. The proposed FUA will allow DYF to use the same area at Bob Jones Park from August 15, 2011 through November 18, 2011, and will require payment of a field maintenance fee of $12.00 per player, per season for resident participants and $17.00 per player, per season for non - resident participants in DYF's flag football program. A copy of the proposed FUA is attached to this memo. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager Meeting Date —August 2, 2011 Page 2 of 2 4D - 2 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 to Provide High Quality Customer Service. Citizen Input/ Board Review: Parks Board recommended approval (6 -0) of the FUA with DYF at their July 11, 2011 meeting. City Council consideration August 2, 2011. Legal Review: The agreement was drafted utilizing the general core content from the agreements previously developed which have been reviewed by the City Attorney and approved by City Council. Alternatives: Alternatives include: • Approval as presented • Approval with input as desired • Deny approval Attachments: (A) Proposed Facilities Utilization Agreement with Dragon Youth Football Association Staff Recommendation: City Council approval of the Facilities Utilization Agreement with Dragon Youth Football. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Financial Considerations: DYF Association will pay field maintenance fees, as per the table below, to assist the City with offsetting a portion of the maintenance and operations costs. 4D -3 Attachment A 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 Dragon Youth Football 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. 4D -4 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, the rosters of all participants (listing where participants domicile) within two (2) weeks after the last regular practice. The ASSOCIATION shall furnish to the CITY the full practice schedule for the season (Fall) at least two (2) weeks prior to the first regular practice schedule. 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 (Fall) per the table below within two (2) weeks after the last practice to cover the costs of 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 games) at dusk. 4D -5 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 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 4D -6 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 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 9 OF THIS AGREEMENT. TO THE EXTENT 4D -7 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 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: 4D -8 • 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 ATTEST: by: CITY OF SOUTHLAKE Alicia Richardson, TRMC City Secretary Approved as to form City Attorney Mayor John Terrell City of Southlake President Dragon Youth Football Association 4D -9 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 provide and maintain all area lighting systems. 3. 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. 4. The ASSOCIATION shall continue to be responsible for daily policing of all litter on the field(s) to include parking lot, 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. 5. The ASSOCIATION shall be prohibited from performing any maintenance to any CITY property, including any turf areas without permission from the CITY. 6. 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. 7. All rescheduled practice or make -up practice must be approved by the CITY. ASSOCIATION must provide at least 24 hours notice to CITY of scheduled make -up practice. 4D -10 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. cityofsouthlake .com /siteContent /70 /documents /Departments /C ommunityServices /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. 5. The Parks Manager or designee shall consult with the ASSOCIATION's 4D -11 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. 4D -12 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT CITY OF SOUTHLAKE AND DRAGON YOUTH FOOTBALL ASSOCIATION 1_1»40117/:1 SECTION A SCOPE OF SERVICES The ASSOCIATION agrees to provide a recreational Dragon Youth Football 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 Amphitheater Area located in Bob Jones Park, to Dragon Youth Football Association for the 2011 season. 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 August 15, 2011 through November 18, 2011 At the CITY's option and with mutual agreement by the ASSOCIATION, the Agreement may be renewed annually for a period of twelve (12) months for two additional terms by giving the ASSOCIATION written notice. If the CITY elects to so renew this Agreement, ASSOCIATION shall update and submit any documents required in accordance with terms and conditions of this Agreement. The documents which the ASSOCIATION shall submit, if applicable, include, but are not limited to: proof of insurance, full schedule, and proposed appendices listed in this Agreement. 3. The beginning of a season is the first day the ASSOCIATION utilizes the field(s) for "Regular season" practices, tryouts and scrimmages. The end of a season is the last day the ASSOCIATION utilizes the field(s), as described above. 4. Youth Football shall consist of the following season(s): a. Fall (August — November) 5. All fields will be unavailable during the CITY's scheduled maintenance periods. 6. The CITY will have priority to the facility for any CITY event. 4D -13 7. 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. 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 at any location other than designated parking areas. 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. 11. During practices and games, badges must be worn by all coaches.