Loading...
Item 4D 4D - 1 M E M O R A N D U M April 6, 2015 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services Approve Facilities Utilization Agreement with the Miracle SUBJECT: League of Southlake Action Requested: City Council approval of the facilities utilization agreement (FUA) with Miracle League of Southlake for a two year term, September 1, 2015 December 31, 2017. Background Information: The proposed Facilities Utilization Agreement with Miracle League of Southlake (MLS) is the standard agreement used space. The only exception to the MLS agreement is it contains a provision to waive required field maintenance fees for the MLS program. City Council approved April 16, 2013 since participants will not be charged registration fees. A copy of the FUA is attached for your consideration. Financial Considerations: Miracle League of Southlake is not required to pay field maintenance fees of $12 per player per season for residents and $17 per player per season for non-residents for the term of the FUA. Strategic Link: focus area of Performance Management and Service Delivery and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. Citizen Input/ Board Review: Parks Board recommended approval (5-0) April 13, 2015 City Council consideration April 21, 2015 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. City of Southlake Values: Shana Yelverton, City Manager City Council Meeting Date April 21, 2015 4D - 2 Page 2 of 2 The FUA has been reviewed by Miracle League of Southlake attorney with no substantive changes requested. Alternatives: Alternatives include: Approve as presented Approve with input as desired Decision not to approve Attachments: (A) Proposed Facilities Utilization Agreement w/MLS Staff Recommendation: City Council approval of the proposed Facilities Utilization Agreement with Miracle League of Southlake (MLS), September 1, 2015 December 31, 2017. City of Southlake Values: 4D - 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," Miracle League of Southlake and the, herein called "MLS." FOR AND IN CONSIDERATION of the mutual undertakings herein set out, the parties agree as follows: SECTION 1 SCOPE OF SERVICES A. The MLS 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 MLS and CITY will abide by the terms of the Agreement as outlined in the attached Appendix, Section B. SECTION 3 USE OF PREMISES The MLS 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 MLS shall assure that an MLS team is scheduled for each game played on a Southlake field. The MLS 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 MLS shall submit to the CITY the names, addresses, e-mail addresses and phone within two (2) weeks numbers of all officers and board members after election or appointment. SECTION 5 FIELD MANAGER The MLS shall furnish the CITY the name, telephone numbers and e-mail address of the one (1) person designated as the MLS. 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 MLS 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 (Spring at least two (2) weeks prior to the beginning of the season. Summer and Fall) The MLS shall furnish to the CITY, rosters of all participants (listing where participants within two (2) weeks prior to the beginning of the season domicile) . SECTION 7 FIELD MAINTENANCE FEES resident field maintenance On April 16, 2013 City Council approved a wavier of the fee of $12.00 per resident player per season, non-resident field maintenance and fee of $17.00 per non-resident player per season (Spring and Fall) for the Miracle League Southlake program. SECTION 8 FIELD USAGE The MLS 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 at all facilities. The MLS shall cease field usage (includes games and practices) by 10:00 p.m. on Sunday through Thursday, and by 11:00 p.m. on Friday and Saturday (EXCEPTION: The MLS shall cease field usage at Bicentennial Park by 9:00 p.m. daily). The CITY will turn the field lights out at 10:30 p.m. on Sunday through Thursday, and 11:30 p.m. on Friday and Saturday (EXCEPTION: The CITY will turn the Bicentennial Park field lights out at 9:30 p.m. 4D - 5 Exception: Times for usage of lights and fields may be modified for daily). tournament play with prior notification and permission from the Director of Community Services. If field usage concludes prior to 10:00 p.m. Sunday through Thursday or 11:00 p.m. Friday or Saturday, and 9:00 p.m. at Bicentennial Park daily, the MLS shall have the responsibility to turn off all field lighting by using the Musco Control- Link password assigned to the MLS. The CITY reserves the right to utilize the facilities when league games are not scheduled. If facility is abandoned, the Agreement is terminated. The MLS 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 MLS, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the MLS 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 MLSprovide 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 MLS 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 MLS at the City of Southlake Park 4D - 6 Facilities, whichever event occurs first .The MLS 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 MLS 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 MLS AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN MLS ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE MLS UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE MLS 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 MLS HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED BY THE MLS HEREUNDER. THE MLS FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE MLS, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, THE MLS SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE MLS SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE MLS 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 MLS CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY MLS OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE 4D - 7 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 INSURED AS PROVIDED IN SECTION 11 OF THIS AGREEMENT. TO THE EXENT 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 PARTIES. SECTION 11 MISCELLANEOUS EXHIBITS It is especially provided and agreed by and between the MLS 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 1. "A" - CITY-Owned Field Maintenance Agreement CONCESSION STAND OPERATION EXHIBITS 2. "B" - Concession Stand Shared Usage Agreement CLOSURE OF ATHLETIC FIELDS EXHIBITS 3. "C" - Field Inspection and Closure Agreement SECTION 12 TERMINATION OF AGREEMENT If either party, the CITY or the MLS, 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 MLS 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 4D - 8 requires the MLS to find a team for all Southlake residents who register by the ation deadline and do not exceed the MLS stated maximum participants. Priority of registration for qualified participants shall fall in the following order: Southlake Residents CISD Students Non-Southlake Residents Note- Resident is defined as person who lives within the Southlake City limits and pays City taxes. 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 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. 4D - 9 This Agreement is made and entered into on the _____ day of ______________, 20____. CITY OF SOUTHLAKE _________________________ by: _________________________ CITY Secretary Mayor City of Southlake _________________________ __________________________ Approved as to form President CITY Attorney MLS 4D - 10 EXHIBIT "A" CITY-OWNED FACILITY AND FIELD MAINTENANCE AGREEMENT 1. The CITY shall maintain all artificial turf areas based on manufacturers specifications. 2. The CITY shall make all repairs related to the field as needed. 3. The CITY shall maintain all back-stops, fences and gates in a safe and secure condition. 4. The CITY shall maintain all bleachers and dugouts in a safe and secure condition. 5. The CITY shall provide and maintain all area and ball field lighting systems. 6. The CITY shall be responsible for the maintenance of any adjacent park irrigation systems 7. The CITY shall maintain the restrooms in a safe and sanitary condition. 8. The CITY shall provide electrical power for the operation of the scoreboards. All costs to maintain/repair the scoreboards on the assigned fields will be the responsibility of the CITY. 9. The CITY shall be responsible for the cost to maintain/repair the scoreboard controllers on the assigned fields. 10. The CITY will provide contract porter services on weekends. The porter service provided by the CITY will be limited to restroom cleaning and the removal of full trash bags from the trash receptacles. The schedule for the porter services will be set as deemed appropriate by the Director of Community Services. 11. The MLS shall continue to be responsible for daily practice and game day policing of all litter on the field(s) to include playing areas, dugouts, fences, backstops, bleachers, concession stands 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. judgment, the MLS 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. 4D - 11 12. The MLS shall be prohibited from performing any maintenance to any CITY property.,. 13. The MLS shall be responsible for securing the facility at the end of each day or evening of play. This includes, but is not limited to, locking all ball field gates and doors and turning off all interior building lighting, pavilion lighting,and field lighting when the MLS leaves the facility. 14.IfMLS 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. 15. All rescheduled games or make-up games must be approved by the CITY.The MLS must provide at least 24 hour notice to the CITY of scheduled make-up games. 4D - 12 EXHIBIT "B" CONCESSION STAND SHARED USAGE AGREEMENT 1. The MLS shall share the use of the storage area located in the concession stand at Bicentennial Park with the Dragon Youth Baseball Association for the duration of this Agreement. 2. The CITY shall be responsible for all maintenance and repairs to the permanent physical structure of the building, such as electrical wiring, plumbing, ice maker, freezers and refrigerators and other structural components. 3. The CITY shall furnish the MLS with key fobs for the concession stand and storage room allocated to the MLS as deemed necessary by the Director of Community Services. 4. The CITY shall be responsible for off-season winterizing of plumbing fixtures and cutting off all water and electricity inside the concession stand as dictated by the weather. 5. The MLS shall be responsible for keeping on only the essential appliances during the season's non-use times. Only refrigerators, freezers and ice machines may be left on at all times. Ice machines shall be unplugged and water lines unhooked during the off-season. 6. The MLS shall be responsible for all MLS owned contents stored in the concession stand. Securing any insurance for all MLS owned contents of the building is optional and will be the responsibility of the MLS. 7. The CITY reserves the right to utilize the concession stand during this Agreement. 4D - 13 EXHIBIT "C" FIELD INSPECTION AND CLOSURE AGREEMENT Reasons for Athletic Field Closure 1. 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 4:00pm. 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 canceling games with regards to field conditions for weekday games. 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 games have begun and inclement weather becomes a factor, the MLS 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 games 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 Note: a.m. for Saturday and Sunday games. The website is only updated Monday through Friday. 5. The Parks Manager or designee shall consult with the MLS's Field Manager about the status of the fields. 6. Should the MLS's Field Manager and the Parks Manager or designee not 4D - 14 agree, the decision of theParks 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 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 MLS's Field Manager has the responsibility to inform the MLS and the participants about the field closure decision. 4D - 15 CITY OF SOUTHLAKE PARKS FACILITIES UTILIZATION AGREEMENT CITY OF SOUTHLAKE AND MIRACLE LEAGUE OF SOUTHLAKE APPENDIX SECTION A SCOPE OF SERVICES The MLS agrees to provide a recreational youth baseball program that adheres to the on values outlined in Section 14 of the Agreement. Texas Rangers Miracle The CITY agrees to permit the use of its facilities known as League Field Bicentennial Park ,located in for the 2015 - 2017 seasons. The City will coordinate with MLS and DYB to schedule the use of field 6 for its competitive league. SECTION B TERMS OF AGREEMENT 1. This Agreement will be effective the date signed by the Mayor. September 1, 2015 2. The term of this Agreement shall be from , through December 31, 2017 . 3. The beginning of a season is the first day the MLS 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 MLS utilizes the field(s), as described above, for that corresponding season. 4. Baseball shall consist of the following seasons: Fall (August November) Spring (February June) Summer (July) . 5. .The CITY will have priority to the facility for any CITY event 6. 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. 7. Fields that are not being utilized by the MLS or the CITY will be made available for public use. The CITY will work with the MLS to identify any available fields. 8. Only those MLS representatives who have been issued a permit by the CITY will 4D - 16 be allowed to drive automobiles into the complex on the pedestrian pathways. The permit will only be issued by the CITY to those MLS representatives responsible for the delivery of concession and building supplies to the concession/restroom/storage facilities. The permit allows for the drop-off and pick-up of concession and building supplies. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. All automobiles must be parked in the parking lot. The MLS must contact the Recreation Superintendent for a permit. Violators will be ticketed by Southlake Police. 9. The MLS 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 MLS 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 MLS to use these vehicles. 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.