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Item 4FCITY OF SOUTHLAKE MEMORANDUM October 14, 2014 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services 4F-1 SUBJECT: Approve Facilities Utilization Agreement with Dragon Youth Football Association Action Requested: City Council approval of Facilities Utilization Agreement with Dragon Youth Football Association (DYF) for 2015-16. Background Information: The City of Southlake coordinates with various youth sports associations to offer a variety of athletic programs through an arrangement referred to as a facilities utilization agreement (FUA). A separate FUA is held with each of the youth athletic organizations participating in the use of City - owned fields and facilities. The agreement is formatted in two parts — first the Facility Utilization Agreement section that guides all youth sports associations' use of City facilities in general, and second, the Appendix section, which addresses the specific needs and usage for the individual association. The first of three FUAs the City Council will consider at this meeting is the proposed FUA with Dragon Youth Football. The FUA contains the same provisions as the previous agreement entered into with DYF for 2012-2014. A copy of the FUA is attached for your consideration. The City and CISD handle specific field allocations on a season -by -season basis for all Southlake athletic associations. Financial Considerations: 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. DYF is currently up to date on all fee and roster requirements. No fees or rosters are due until after completion of the fall 2014 season. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana Yelverton, City Manager City Council Meeting Date — October 21, 2014 Page 2 of 2 4F -2 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. Citizen Input/ Board Review: Parks Board recommended approval (4-0) October 13, 2014 City Council consideration October 21, 2014 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: ■ Approve as presented ■ Approve with input as desired ■ Decision 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 2015-16. City of South/ake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4F - 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. 4F - 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. 4F - 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. 4F - 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 4F - 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 ATTORNEYS 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: 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. 4F - 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 , 2014 CITY OF SOUTHLAKE CITY Secretary Mayor City of Southlake Approved as to form President CITY Attorney ASSOCIATION 4F - 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 $35.00 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. 4F-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 updated Monday through Friday. 4F-11 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. 4F-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 2015 — 2016. 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 January 1, 2015 through December 31, 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. 8. Fields that are not being utilized by the ASSOCIATION or the CITY will be made 4F-13 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.