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Item 4DCITY OF SOUTHLAKE MEMORANDUM August 26, 2014 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services 4D-1 SUBJECT: Approve a Facilities Utilization Agreement with Southlake Cricket Club Action Requested: City Council approval of a Facilities Utilization Agreement (FUA) with Southlake Cricket Club for field usage of a cricket pitch at Bob Jones Park. Background Information: The proposed FUA with Southlake Cricket Club is for use of the identified cricket pitch space at Bob Jones Park and is contingent upon approval of a matching funds request for the construction of a cricket pitch. Southlake Cricket Club will be allowed to utilize the space only on Sundays, and agrees that the space may be shared by other cricket group(s) in the future. The proposed facilities utilization agreement with Southlake Cricket Club for use of a portion of Bob Jones Park for cricket is for a one-year term (start date TBD upon completion of a cricket pitch). The FUA contains the same standard provisions and regulations as the other FUA's the City has in force with the youth athletic associations. Southlake Cricket Club will pay field maintenance fees and comply with all provisions of the agreement. Specific to this FUA is Section 8, Field Usage, which includes in addition to the usual field provisions found in the other athletic association's agreements, the cricket club's responsibility for removing the soccer goals before using the field to play cricket and for re -anchoring the goals upon completion and restoring the field back to soccer use. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager Meeting Date — September 2, 2014 Page 2 of 3 Additionally, Southlake Cricket Club participate in the cost to construct the considered at this Council meeting. 4D -2 has agreed to pitch, which will be The Parks and Recreation Board recommended approval of the FUA with Southlake Cricket Club (7-0) at their August 12, 2014 meeting. A copy of the proposed FUA with Southlake Cricket Club is attached to the memo. Financial Considerations: The Club will pay field maintenance fees per the table below to assist the City with offsetting a portion of the maintenance and operations costs. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management and Service Delivery and meets the corporate objective to Collaborate with Select Partners to Implement Service Solutions. It also addresses Critical Business Outcome CB05 — Optimize resources through collaboration and partnerships to reduce costs and add service value. Citizen Input/ Board Review: Parks and Recreation Board discussion March 17, 2014 Parks and Recreation Board Tabled item at April 14, 2014 and June 9, 2014 meetings Parks and Recreation recommended approval (7-0) August 12, 2014 City Council consideration September 2, 2014 City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager Meeting Date — September 2, 2014 Page 3of3 Legal Review: None Alternatives: Alternatives may include: ■ Approve as presented ■ Approve with input as desired ■ Deny approval Supporting 4D - 3 Documents: Supporting document includes the following items: • Proposed Facilities Utilization Agreement with Southlake Cricket Club • Southlake Cricket Club Roster Staff Recommendation: City Council approve the Facilities Utilization Agreement with Southlake Cricket Club. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4D - 4 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 Cricket Club, herein called "CLUB." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: SECTION 1 SCOPE OF SERVICES A. The CLUB 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 CLUB and CITY will abide by the terms of the Agreement as outlined in the attached Appendix, Section B. SECTION 3 USE OF PREMISES The CLUB 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 CLUB shall ensure to have a CLUB team scheduled for each game played on the Southlake field. The CLUB 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 - 5 SECTION 4 OFFICERS AND BOARD MEMBERS The CLUB 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 CLUB shall furnish the CITY the name, telephone numbers and e-mail address of the one (1) person designated as the CLUB'S field manager. It shall be the responsibility of the field manager to submit all 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 CLUB shall furnish to the CITY, rosters of all participants (listing where participants domicile) prior to beginning play each calendar year. The CLUB shall also furnish to the CITY, rosters of all participants (listing where participants domicile) within two (2) weeks after the last season game each calendar year. The CLUB shall furnish to the CITY the full schedule (dates and game times) for each season at least two (2) weeks prior to beginning play each calendar year. SECTION 7 FIELD MAINTENANCE FEES The CLUB agrees to pay the CITY a resident field maintenance fee of $24.00 per resident player per calendar year, and a non-resident field maintenance fee of $34.00 per non-resident player per calendar year within two (2) weeks after the last season game each calendar year to cover the costs of maintaining the fields in playing condition. The CLUB also agrees to pay for any additional materials that the CLUB uses above and beyond what the CITY has allocated for the purchase of these materials to support the program. SECTION 8 FIELD USAGE Games will be played on Sundays only. The CLUB agrees that it shall not begin field usage before 9.00 a.m. on Sundays, and shall cease field usage prior to dusk. No lights 4D - 6 will be available for games. The CITY reserves the right to utilize the facilities when games are not scheduled. If facility is abandoned, the Agreement is terminated. The CLUB, shall have use of the CITY 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. The CLUB acknowledges and understands that the field is designed and designated for use as a soccer field. Because the CLUB intends to use the field for a different game, i.e. cricket, the soccer goals will need to be relocated before the CLUB'S use, and reinstalled after the CLUB'S use. The CLUB agrees that it will be responsible for removing the goals before using it to play cricket, and for re -anchoring the goals upon completion of its use each Sunday. In this regard, the CLUB agrees that it will be responsible for any damage caused by moving and re -anchoring the goals, and also release and indemnify the CITY for any damage or injuries to CLUB members, participants, and spectators caused by such activities. If the CITY determines that the CLUB has failed to adequately fulfill these obligations, the CITY may elect to terminate this Agreement at any time at its discretion. The CLUB acknowledges and understands that the field may be shared with other cricket group(s) in the future. SECTION 9 INSURANCE The CLUB, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the CLUB 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 CLUB'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 4D - 7 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 CLUB 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 CLUB at the City of Southlake Park Facilities, whichever event occurs first. The CLUB 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 CLUB 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 CLUB AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN CLUB ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE CLUB UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE CLUB 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 CLUB HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE CLUB HEREUNDER. THE CLUB FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE CLUB, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE CLUB SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE CLUB SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE CLUB 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 CLUB CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY CLUB 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 ATTORNEYS FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 11 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the CLUB 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 CLUB, 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. 4D - 9 SECTION 13 RESIDENT PARTICIPATION Both the CITY and the CLUB 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 CLUB to find a team for all Southlake residents who register by the program's stated registration deadline. The CLUB also agrees that a team consisting of Southlake residents (specifically the CLUB) will be present whenever games are scheduled on assigned fields. 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 , ATTEST: by: City Secretary Approved as to form City Attorney CITY OF SOUTHLAKE Mayor City of Southlake President Southlake Cricket Club 4D-10 4D-11 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 CLUB 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 CLUB shall be responsible for 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 CLUB 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 $35.00 per hour/per staff member for litter clean up. 6. The CLUB shall be prohibited from performing any maintenance to any CITY property, including any turf areas without permission from the CITY. 7. The CLUB shall be responsible for securing the facility at the end of each day or evening of play. 8. If CLUB 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. 4D-12 EXHIBIT "B" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure 1. It is raining at game 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 (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 Sunday. 3. Status for Sunday afternoon and evening field use 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. on Sunday. Note: The website is only updated Monday through Friday. 5. The Parks Manager or designee shall consult with the CLUB'S Field Manager about the status of the fields. 6. Should the CLUB'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 CLUB'S Field Manager has the responsibility to inform the CLUB and the participants about the field closure decision. 4D-13 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT CITY OF SOUTHLAKE AND SOUTHLAKE CRICKET CLUB APPENDIX SECTION A SCOPE OF SERVICES The CLUB agrees to provide a recreational cricket 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 fields to meet the CLUB's program needs for 2014. SECTION B TERMS OF AGREEMENT This Agreement will be effective following completion of a cricket pitch at Bob Jones Park. The term of this Agreement shall be for one year (dates TBD following completion of cricket pitch). 1. The beginning of a season is the first day the CLUB utilizes the field(s). The end of a season is the last day the CLUB utilizes the field(s), as described above, for that corresponding season. 2. Southlake Cricket Club shall consist of the following seasons: o February — November (Sundays Only) 3. The field will be unavailable during the CITY's scheduled maintenance period from May 27, 2015 through June 7, 2015, and during the months of December and January. In addition, no games may be scheduled during the third weekend in May each year (during Soccerfest). 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. 4. The CITY will have priority to the facility for any CITY event. 5. 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. 4D-14 6. Fields not being utilized by the CLUB or the CITY will be made available for other usage as deemed appropriate by the CITY. 7. 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. 8. The CLUB acknowledges and understands that the field may only be used on Sundays, and also may be used by other cricket group(s) in the future. 4D-15 SOU"THLAKE CRICKET fl'I_UB PLAYERS ROASTER AUGUST 2014 '.) ra4r�.��z i•;i- iik 925 Raw-±ul Milis Ave. ?; D,•. i"imir Mujeeb 2105 Bouldpi° Ct .) Dr. Amir Rizvi 816 Helmsley PI 4) Dr. ^mr,ar Khurshid 406 Orchard Drive 5) D1. As '.,n klaz"ary 304 .Sir Ge-rges Ct ;+ FIi_:i7m r :�racha 2808 Brookshire Dr i) D!'. Hadi Jafri 21.7 Stockton Pi lve 8) Jplvaid Alam 1716 Egret Lune �') Khurshid F;assan 2308 Idlewild Ct ICE) Mowmar Alhaque 508 Stonebury Dr ''_11 Dr. l!�lunawwar Heider 23 Indian Painbru,7h 1=) Muzaffar 5hafi 1861 Sunshine Ln �.?, Ur. Na`,eed ,;iddigi 708 Cattle Rock Dr 1,;.) Di-. N'a7lm Uddin 305 Boulder Dr .S) Or. !VAul liai:ee4 51.1 Indian Paintbrush ] <w) Dr. Adnan Rafinue 7C9 deer hollow blve.