Item 4CCITY OF
SOUTHLAIN✓
MEMORANDUM
August 23, 2012
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
Item 4C - 1
SUBJECT: Approve Facilities Utilization Agreement with Dragon Youth
Football Association
Action Requested: City Council approval of the Facilities Utilization Agreement
with Dragon Youth Football Association (DYF) for 2012 -14.
Background
Information: The City of Southlake coordinates with various youth sports
associations to offer a variety of athletic programs in an
arrangement 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 City, in 2012, began handling specific field allocations
on a season -by- season basis for all Southlake athletic
associations.
The FUA presented for your recommendation is an
agreement with DYF with a term of August 23, 2012 through
December 31, 2014.
Financial
Considerations: Same as previous year's agreements, the 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.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
City Council Meeting Date — September 4, 2012
Page 2 of 2
Item 4C - 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 (5 -0 -2) August 22,
2012 with Board Member Tina Wasserman (personal conflict
of interest) and Board member Gregg Formella (unknown)
abstaining.
City Council consideration September 18, 2012
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:
• Recommend approval as presented
• Recommend approval with input as desired
• Recommend not to approve
Attachments: (A) Proposed Facilities Utilization Agreement w /DYF
Staff
Recommendation: City Council approval of the proposed Facilities Utilization
Agreement with Dragon Youth Football Association (DYF)
for 2012 -14.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Item 4C - 3
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. 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.
Item 4C - 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 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 (Fall)
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 (Fall) within two (2) weeks after the last
regular season game (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.
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.
Item 4C - 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 shall have use of the CITY owned facilities pursuant to the terms of
this agreement. However, the CITY reserves the right to allocate the usage of all CITY
owned fields, for CITY programs and /or for other recognized Southlake Youth Athletic
Associations as deemed appropriate by the CITY.
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, 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.
Item 4C - 6
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
Item 4C - 7
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 FIELD 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 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.
Item 4C - 8
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.
This Agreement is made and entered into on the day of , 2012.
CITY OF SOUTHLAKE
by:
CITY Secretary
Approved as to form
CITY Attorney
Mayor
City of Southlake
President
ASSOCIATION
Item 4C - 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 perform all turf maintenance.
3. The CITY shall prep game fields; including painting all field lines.
4. The CITY shall be responsible for the operation and maintenance of the irrigation
system.
5. The CITY shall maintain the restrooms in a safe and sanitary condition.
6. The ASSOCIATION shall be responsible for daily policing of all litter on the field
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.
7. The ASSOCIATION shall be prohibited from performing any maintenance to any
CITY property, including any turf areas without permission from the CITY.
Item 4C - 10
EXHIBIT "B"
FIELD INSPECTION AND CLOSURE AGREEMENT
Reasons for Athletic Field Closure
1. It is raining at practice time.
2. Athletic 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
5. The Parks Manager or designee will have the final responsibility for
closing the field 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
Item 4C - 11
updated Monday through Friday.
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.
Item 4C - 12
PARKS FACILITIES UTILIZATION AGREEMENT
CITY OF SOUTHLAKE AND DRAGON YOUTH FOOTBALL ASSOCIATION
APPENDIX
SECTION A
SCOPE OF SERVICES
The ASSOCIATION agrees to provide a recreational youth football program that
adheres to the City of Southlake's organization values outlined in Section 14 of the
Agreement.
The CITY agrees to allocate the required number of CITY fields to meet the
Association's program needs for 2012 — 2014. Specific field allocations will be based on
the previous year's Association participation numbers (by season), as per the City of
Southlake /Carroll ISD Athletic Field Management Program. The City will present
specific seasonal field allocations in writing to the Association one (1) month prior to
each season.
SECTION B
TERMS OF AGREEMENT
1. This Agreement will be effective the date signed by the City.
2. The term of this Agreement shall be from August 23, 2012 through December
31, 2014 This agreement may be renewed for one (1) successive two -year
period beginning January 2015 — December 2016.
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. DYF Flag Football shall consist of the following season:
a. Fall (typically August - November)
5. Fields will be unavailable during the CITY's scheduled maintenance periods from
June 1 — July 31 and December 1 - January 31 each year.
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. Additional facility usage requests must be submitted in writing to the
Director of Community Services a minimum of two (2) weeks in advance.
Item 4C - 13
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. All automobiles must be parked in the parking lot. Violators will be ticketed by
Southlake Police.
10. 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.
11. 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.