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
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