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HomeMy WebLinkAboutRes 2012-02-03 AYSA Facilities Use Agreement for 2012.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2012-02-03 A RESOLUTION APPROVING A FACILITIES USE AGREEMENT WITH THE ANNA YOUTH SPORTS ASSOCIATION FOR 2012, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, the Anna Youth Sports Association (AYSA) or ("Association") is set up to provide fundamental sports for children ages 5 to 18 years; and, WHEREAS, The Association's goal is to provide a basic knowledge of all sports to the players and to instill teamwork and good sportsmanship into every player; and, WHEREAS, the Association desires to use facilities owned by the City of Anna ("City") to operate their programs; and, WHEREAS, the City desires to enter into a Facilities Use Agreement (the "Agreement") that recognize the relationship between the City and the Association and that formally authorize the Association to use City facilities to operate their programs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby approves the attached Agreement attached hereto as Exhibit 1, and authorizes the City Manager to execute same. PASSED by the City Council of the City of Anna, Texas, on this 14th day of February, 2012. ATTEST: RES 2012-tl2-tl3 AYSA Facilitie$ Use Agreement 02-14-12 FACILITIES USE AGREEMENT This Facilities Use Agreement (this "Agreement") is made by and between the City of Anna, Texas (the "City") and the Anna Youth Sport Association ("A YSA" or the "Association"), a Texas nonprofit association. The City and the Association are collectively referenced in this Agreement as "the Parties." FOR AND IN CONSIDERATION of the mutual promises and undertakings herein set out, the Parties agree as follows: I. The City agrees to permit the use of its facilities commonly known as the Sherley Park baseball field, the Johnson Park baseball/softball fields, and the Slayter Creek Park baseball/softball fields (collectively, the "Spring Ball Facilities") for the Association's 2012 Spring Baseball and Softball Regular Season. The Spring Baseball and Softball Regular Season shall run from March 1,2012 through July 31,2012 and shall consist of the regular season games with a maximum of two post-season tournaments. The Association shall not schedule games to be played on Slayter Creek Park fields B I and B4 without prior approval from the City. Any request for field usage after July 31,2012 for the Spring Baseball and Softball Regular Season will be negotiated between the City and the Association. "Regular season" is defined as actual regular season games and post-season tournaments, not including practices, try-outs, scrimmages, or preseason games. The City agrees that with the exception ofthe fields at Slayter Creek Park, the Association shall have priority use of the Spring Ball Facilities for team practices during the regular season from 5:00 p.m. to 9:30 p.m. Monday through Friday, and from 9:00 a.m. to 9:30 p.m. on Saturday and Sunday. The Association is permitted to use fields B2 and B3 at Slayter Creek Park for team practices during the regular season subject to a shared scheduling agreement with the City of Anna and the Anna Independent School District. Slayter Creek Park fields B1 and B4 shall not be used for team practice. The Association shall provide the City with the regular season practice schedule for each field. II. The City agrees to permit the use of its facilities commonly known as the Slayter Creek Park multi-purpose field, the multi-purpose field at Bryant Park, and the mUlti-purpose field at Geer Park (collectively, the "Spring Soccer Facilities"), for the Association's 2012 Spring Soccer Regular Season. The Spring Soccer Regular Season shall run from February I, 2012 through May 30, 2012 and shall consist of the regular season games with one post-season tournament. Any request for field usage after May 30, 2012 for the Spring Soccer Regular Season will be negotiated between the City and the Association. "Regular season" is defined as actual regular season games and post-season tournament, not including practices, try-outs, scrimmages, or preseason games. The City agrees that the Association shall have priority use of the Spring Soccer Facilities for team practices during the regular season from 5:00 p.m. to 9:30 p.m., Monday through Friday. The Association shall provide the City with the regular season practice schedule for each field. III. The City agrees to permit the use of its facilities commonly known as the Slayter Creek Park baseball/softball fields, (collectively, the "Summer Ball Facilities") for the Association's 2012 Summer Baseball Regular Season. The Summer Baseball Regular Season shall run from May 15, 2012 through June 30, 2012 and shaH consist of the summer regular season games with a maximum of two post-season tournaments. The Association shaH not schedule games to be played on Slayter Creek Park fields B I and B4 with out prior approval frnm the City. Any request for field usage after June 30, 2012 for the Summer Baseball Regular Season will be negotiated between the City and the Association. "Regular season" is defined as actual regular season games and post-season tournaments, not including practices, try-outs, scrimmages, or preseason games. The Association is permitted to use the Summer Ball Facilities for team practices during the regular season subject to a shared scheduling agreement with the City of Anna and the Anna Independent School District. The Association shall provide the City with the regular season practice schedule for each field. IV. The City agrees to permit the use of its facilities commonly known as the Slayter Creek Park multi-purpose field, the Sherley Park baseball field, the Johnson Park baseball/softball fields, the multi-purpose field at Bryant Park, and the multi-purpose field at Geer Park (collectively, the "Fall Soccer Facilities"), for the Association's 2012 Fall Soccer Regular Season. The Fall Soccer Regular Season shall run from July IS, 2012 through November 15,2012 and shall consist of the fall regular season games with one post-season tournament. Any request for field usage after November 15,2012 for the Fall Soccer Regular Season, will be negotiated between the City and the Association. "Regular season" is defmed as actual regular season games and post-season tournament, not including practices, try-outs, scrimmages, or preseason games. The City agrees that the Association shall have priority use of the Fall Soccer Facilities for team practices during the regular season from 5:00 p.m. to 9:30 p.m., Monday through Friday. The City further agrees that the Association shall have priority use of the Sherley Park baseball field and the Johnson Park baseball/softball fields for team practices during the regular season from 9:00 a.m. to 9:30 p.m. Saturday and Sunday. The Association shall provide the City with the regular season practice schedule for each field. V. The City agrees to allow the Association to use and manage the concession buildings at Sherley Park, Johnson Park, and Slayter Creek Park (collectively, the "Concession Buildings") in connection with athletic events that occur during the term of this Agreement, except that the Anna Athletic Booster Club shall be give the first option to use the Concession Buildings in connection with UIL baseball and softball games sponsored by Anna ISD. All concession operations shall be in compliance with applicable state and local health codes. The Association agrees to pay the City a flat fee of $1 ,000 for the entire calendar year or $350 per quarter. Such payment(s) shall be due on January 1 or (if made on a quarterly basis) the first payment is due on January 1 with additional quarterly payments due the fITst day of April, July, and October. In the event the Association does not provide concessions for athletic events that occur during the term of this Agreement, the City may authorize other organizations to use and manage the Concession Buildings to provide concessions at those events. VI. The Association acknowledges that its use of the Spring Ball Facilities, Spring Soccer Facilities, Summer Ball Facilities, Fall Soccer Facilities, and Concession Buildings (collectively, the "Park Facilities") under this Agreement is non-exclusive and that the City has final authority over the scheduling of all Association use (including games and team practiees) of the Park Facilities under this Agreement. The Association shall 2 provide the City with the schedule of games for each regular season at least two weeks prior to the start of each regular season. Excepted as noted below, the Association may reschedule regular season games provided that, the authorized Association representative notifies the City of the schedule change in advance, and the change does not interfere with another previously scheduled use of the Park Facilities. The Association shall not schedule or reschedule games to be played on Slayter Creek Park fields B I and B4 with out prior approval from the City. VII. The non-exclusive use by the Association of the Park Facilities is subject to the terms of an Interlocal Agreement between the City of Anna and Anna Independent School District ("Interlocal Agrecment") executed by said parties on March 20, 2006, as amended. To the extent of any conflict between the Parties' obligations under this Agreement and the City's obligations under the Interlocal Agreement, the City's obligations under this Agreement will yield to the Interlocal Agreement and the City shall not be liable for any damages that may be caused or occasioned by any such conflict Not withstanding anything in this Agreement, the Association's use of the Park Facilities shall be subject to and yield to any and all repairs, maintenance, and construction activities, deemed necessary by the City to preserve, repair, maintain, or expand the Park FaciJities or any public facilities owned or operated by the City. The City shall not be liable for any damages that may be caused or occasioned by any such repair, maintenance, or construction activity. VIII. The term of this Agreement shall be for one year from January I, 2012 through December 31, 2012. VIX. Upon termination of this Agreement, the Association and the City may negotiate a new agreement The Association shall have 30 days to remove movable equipment that it owns that is not of a permanent nature, upon termination of this Agreement. Nothing herein shall prohibit the City from entering into facilities use agreements with other organizations provided that other such agreements do not conflict with this Agreement The City reserves the right to utilize the Park Facilities at all times other than when the City's use would unreasonably interfere with Association regular-season games that have been properly scheduled in accordance with this Agreement. x. The Association shall not assign this lease nor shall it sublease or rent out any property of the City without prior written consent of the City. This provision includes sports camps and tournaments. Due to the necessity of inter-league play in order to compete some leagues, the Association shall insure that an Association team is scheduled for each game played on any part of the Park Facilities. XI. 3 The Association shall not engage in any business on any part of the Park Facilities 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. The collection of admission or "gate" fees by the Association is permissiblc, for no more than two tournaments or special events per calendar year, as long as the Association makes the request to the City for approval at least two weeks prior to the start of the tournament or special event. Association agrees that the location of such admission access points shall not prevent or impede other park users from accessing other common or general areas of the park, including but not limited restrooms. The collection of toumament entry/registration fees by the Association is permissible. XII. THE ASSOCIATION SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY AND PROPERTY DAMAGE AND ALL OTHER CLAIMS IN ANY WAY RELATED TO, ARISING OUT OF, OR MADE IN CONNECTION WITH ANY ACTIVITIES OF THE ASSOCIATION OR ANY OF ITS MEMBERS OR PARTICIPANTS. The Association shall maintain a general liability insurance policy in the amount of at least one million dollars ($1,000,000) and shall name the City as an additional insured on its said policy. The coverage shall contain no special limitations on the scope or protection afforded to the Association, its officials, officers and employees. At least two weeks in advance of the first regular season identified in this Agreement, the Association must provide the City with a certificate of such insurance issued by the insurer. The certificate shall state that the City is an additional insured and that the insurer must provide at least 30 days notice to the City prior to the cancellation of the policy. XIII. The Association shall submit to the City the names, addresses and phone numbers of all Association officers and board members within two weeks after election or appointment. The Association shall furnish to the City rosters of all teams, players, coaches and other participants including names, addresses and telephone numbers for all such persons and a listing of the full schedule for the season. The rosters shall be submitted within four weeks after completion of registration and the full schedule shall be submitted at least two weeks prior to the first regular season game. The Association shall also submit a copy of all contracts, if any, entered into by the Association for any of its operations related to the Park Facilities including but not limited to concessions, umpires/referees, equipment rentals, and field maintenance. XIV. The Association shall conduct criminal background checks on all of its volunteers and participants, including but not limited to coaches, board members, and any other person acting in an official capacity with any organization directly overseeing the Association's youth activities. The Association shall employ the National Alliance for Youth Sports to conduct such checks or a reputable company licensed by the State of Texas to conduct such checks. These checks shall be conducted prior to the beginning of each regular season and shall remain valid for the calendar year. The Association shall also adopt and publish a criminal background check policy to be used for determining an individual's eligibility to coach or otherwise participate in its youth activities. Should an individual be disqualified as a result of the check, the Association will prohibit that individual from serving in any capacity with the Association's activities. The 4 Association shall cstablish a policy as to how its criminal background checks will be processed and will pay for the cost of each check The Association shall furnish to the City a listing of the persons that have successfully undergone a criminal background check prior to the beginning of any individual's involvement with any youth-related activities. An Association Board Member shall sign this listing for final verification of the actions taken by the Association. XV.' The Association shall furnish in writing to the City the names, addresses, and telephone numbers of persons designated as the Association's "Field Managers." In the case of inclement weather, it shall be the responsibility of a Field Manager to contact and discuss field playability with a "City Representative" before a scheduled game, said Representative(s) to be designated in writing by the City Manager. When this Agreement provides for a City Representative to make a decision, consult with a Field Manager, or otherwise act in connection with the Association's use of the Park Facilities, the Field Manager must solely rely on the decision or action of a City Representative, subject to any contrary decision or action by the City Manager or a licensed peace officer acting in a law-enforcement capacity. XVI. The Association agrees to stop play and all other operations on any part of the Park Facilities by 11 :00 p.m., unless it receives writtcn permission to go beyond 11 :00 p.m. from the City's Representative. The Association shall have the responsibility to tum off all field lighting. XVII. The Association agrees to pay the City a fee of $0 per resident player and $10 per non-resident player per regular season for those leagues/teams scheduled to play on any part of the Park Facilities to cover the costs for lighting and maintaining the Park Facilities. This fee is due to the City within two wceks after the start of each regular season. The Association shall pay a 10% late fee in addition to any fees paid after the due date. The Association agrees to register all of their teams with the Texas Amateur Athletic Federation. XVIII. The Parties shall have the obligations and shall abide by the standards set forth in the below referenced exhibits as qualified herein. The City's obligations as to maintenance of the Park Facilities shall be limited to providing the Park Facilities in a reasonably useable condition, subject to weather and other factors beyond the City's control. Notwithstanding any part of this Agreement, the Parties understand and agree that by entering into this Agreement, the City is not waiving any immunities or limitations of liability available to it under the law and that its obligations as set forth in this Agreement are not intended to create and do not create any duty or standard of care that a municipality would not otherwisc be requircd to meet to avoid liability under Texas law. The nature of this Agreement is to allow the Association limited use of certain City-owned facilities provided that the Association observes the various obligations, restrictions, and limitations set forth herein. Said obligations, restrictions, and limitations are not in the nature of services provided to the City. All services that the Association provides and that relate to its use of facilities under this Agreement are services that the Association provides exclusively to its members and participants, and while this Agreement governs to some extent the manner in which said services are to be provided, the 5 Parties understand and agree that the Association is not providing and shall not provide any goods or services to the City under this Agreement. It is further understood and agreed to by the Parties that this Agreement is not a contract subject to Chapter 271, Subchapter I. of the Texas Local Government Code. This Agreement is intended to be exclusively between and to benefit only the City and the Association, and the Parties do not intend that any third party should benefit from this Agreement or obtain any rights or claims hereunder. It is especially provided and agreed by and between the Association and the City that the exhibits referenced below shall be part of this Agreement as if set out in their entirety said exhibits being: EXHlliIT A -Facilities Maintenance EXHlliIT B -Field Inspection and Closure EXHIBIT C Concession Buildings Maintenance XIX. This Agreement shall not become effective unless and until the Association provides the City with a true and correct copy of a certificate issued by the Office of the Texas Secretary of State--or other proof satisfactory to the City-that the Association has properly filed with said Office a statement appointing an agent authorized to receive service of process in accordance with Vernon's Ann. Texas Civ.St. Art. 1396-70.01, Sec.12(a), et seq., as amended (the "Agent"). The Association shall thereafter provide the City with a copy, upon filing, of any amendment( s) to such statement that occur during the term of this Agreement and for two years thereafter. Further, the Association shall take all necessary steps to assure that the City has been provided written notice of the identity and the mailing address and the physical address of the Agent. The obligations in this paragraph shall survive for two years after the termination of this Agreement. xx. Any violation by the Association of any of the provisions of this Agreement shall result in the termination of this Agreement and the City's obligations hereunder once the City has provided the Association with sufficient time to cure such violation after the City provides written notice of such violation. In the event any such violation relates to nonpayment or untimely payment by the Association of any sums due hereunder, the Association shall have 60 days after the City provides said notice in which to cure the violation, or such other time as agreed to by the Parties in writing. In the event said violation is for other than nonpayment or untimely payment by the Association, the Association shall have 30 days after the City provides said notice in which to cure said violation, or such other time as is agreed to by the Parties in writing. Notices required to be provided under this Agreement shall be sent by certified U.S. mail, return receipt requested, and shall be considered to have been provided on the date of mailing to the following addresses: If to the City: City Manager City of Anna 111 N. Powell Parkway City of Anna, Texas 75409 6 If to the Association: Aane.. ~",,", Spor~k~\~·<"'\.... ~.o. ~\ --,oc..=.."l~"""_ day of_--'----=:~-=-->OO€f--_. !'" 0 \ ~ .This agreement is made and entered into on the ~'C ~c:...n.y Vi ,~ ~ CITY OF ANNA: ANNA YOUTH SPORTS ASSOCIAITON: Asso iation President 7 EXHIBIT A FACILITIES MAINTENANCE 1. The City shall maintain all turf areas to include mowing, weed control, fertilizing and herbicide spraying on the Slayter Creek Park fields B 1, B4, and multi-purpose field; and mowing on the Slayter Creek Park fields B2 and B3, the Sherley Park field, the Johnson Park fields, the Bryan Park mUlti-purpose field, and the Geer Park multi-purpose field. 2. The City shall maintain all back-stops, fences, gates, and permanently instal1ed soccer goals. 3. The City shall maintain al1 bleachers and dugouts. 4. The City shall maintain the ball field lighting systems. 5. The City shall be responsible for the maintenance ofany irrigation systems. 6. The City shal1 maintain the restrooms in proper working condition. 7. The City shall be responsible for hauling off trash that has been properly deposited in trash dumpsters. 8. The Association shaH provide all bases, pitching plates, soceer goals, and all other equipment required for game play. All soecer goals provided by the Association shall be removed to the edge of the maintained turf areas at the conclusion of each practice or game. Other than bases, pitching plates, soccer goals, and other game-play equipment owned by the Association, the Association shall not permit any damage or removal of any part of the Park Facilities, and shall at all times during its use of the Park Facilities maintain the Park Facilities in good and safe condition. If at any time the Association discovers any poor, damaged or unsafe condition of the Park Facilities, it shall immediately notify a City Representative of same. 9. Unless otherwise provided by the City, the Association shaH perform all pre-season infield clay maintenance to include adding clay, clay renovation, and cutting infield areas and base paths. The City shaH provide the clay for said maintenance. The Association shall build the pitcher's mounds ifneeded. The City shaH provide clay, sand, soil, etc. to be used in leveling or backfiHing low areas when deemed necessary by the City. 10. Unless otherwise provided by the City, the Association shall regularly drag and maintain the infields in a weed-free and playable condition. II. Unless otherwise provided by the City, the Association shall mark all foul lines, boundary lines, and other field markings required for game play. 12. The Association shall be responsible for maintaining all Park Facilities areas and all adjacent grounds in a litter-free condition during its use of the Park Facilities. AHlitter shall be placed in the bins, cans, and receptacles provided by the City. The City shall provide pick up for these receptacles. 13. The Association shall be responsible for cleaning the City owned restroom facilities adjacent to the Park Facilities and shall provide all necessary supplies, during and immediately after its use of the Park Facilities. 14. The Association shall not perform any maintenance to any turf area or make any modifications to the Park Facilities without written permission from the City. 15. The Association shall be responsible for securing the Park Facilities at the end of each day or evening of play. This includes, but is not limited to, locking all gates and doors and turning off all interior building lighting, and field lighting. 16. The Association shall prohibit its coaches/players from hitting baseballs into any fence unless it occurs in the natural course of a game. Failure to enforce this policy may result in the Association incurring the costs associated with the repairs of the fencing. 17. If the Association 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 weeks prior to the start of the tournament or event. 18. All make-up games must be approved by the City. EXHIBITB FIELD INSPECTION AND CLOSURE Reasons for Athletic Field Closure 1. It is raining or there is a threat of lightning or other dangerous weather condition at game time. 2. Baseball/softball infields, outfields, soccer fields, or other turf areas are too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. City's General Procedures for Athletic Field Closure (these are internal City procedures for informational purposes and are subject to change without notice) (Weekdays) 1. Inspect Athletic Fields by 3 :00 p.m. 2. Make -decision based upon field condition or weather. 3. Consult with the appropriate Field Manager, or hislher designee, about the status of the field(s). 4. Should the Association's Field Manager and the City Representative not agree, the decision of the City Representative shall be final. 5. Check weather and field conditions on evenings when fields will be in use after 6:00 p.m. When necessary, a City Representative will come in and close the fields affected. (Weekends) 1. Inspect Athletic Fields by 3:00 p.m. on Friday and by 7:00 a.m. on Saturday. 2. Make a decision based upon field condition or weather at the time if possible. 3. If a decision at 3:00 p.m. Friday is not possible, a City Representative familiar with the Athletic Fields will make decisions on field closure as needed throughout the weekend. 4. A City Representative will consult with the Association's Field Manager about the status of the fields. 5. Should the Association's Field Manager and a City Representative not agree, the decision of the City Representative shall be final. Implementation 1. The primary responsibility for making field closure decisions rests with the City Representative responsible for Athletic field maintenance. However, to the extent a Field Manager observes any weather condition or condition of the field or Park Facilities that threatens safe play, the Field Manager must stop play until the condition has ceased or been repaired and the condition is no longer a threat to safety. 2. The appropriate Association's Field Manager has the responsibility to inform the Association and the participants about the field closure decision. EXHIBITC CONCESSION BUILDINGS MAINTENANCE 1. The Association shall appoint a Concession Buildings manager who shall be responsible for the maintenance and operation on the Association's concession operations and for compliance with the policies outlined in this Exhibit "C". 2. The Association shall be responsible for cleaning the interior of the building after each and every use or event. Cleaning shall include but is not limited to the following: • All potentially hazardous food products and all opened pre-packaged food bags or containers shall be removed from the building. Unopened pre-packaged food left in the building must be placed in the storage area off the floor and stored in a manner that prevents contamination or access by rodents, roaches or other vermin. • All countertops, tables, and other surfaces shall be wiped clean with a disinfectant cleaning product. Any stains, dirt, grease, or food product residue on the walls, doors, and window coverings shall also be removed and surfaces shall be wiped clean. • All floor spills shall be mopped and cleaned with water and a disinfectant cleaning product. • The entire floor area shall be swept clean and all food product residue shall be removed from the building. • All trash containers must be emptied and fitted with a clean plastic liner. All trash must be placed in the trash dumpster provided by the City located in the parking lot. 3. The Association shall be responsible for securing the Concession Buildings at the end of each day or evening of play, or event. This includes, but is not limited to, locking all doors and service windows and turning off all interior building lighting. 4. The Association shall not permit any damage or removal of any part of the Concession Buildings, the associated equipment and facilities, and shall at all times maintain the buildings, equipment and facilities in good and safe condition. If at any time the Association discovers any poor, damaged or unsafe condition of the building facilities or equipment, it shall immediately notify the City of same. 5. The Association shall be responsible for maintaining all Concession Building and all adjacent grounds in a litter-free condition during its use of the facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. 6. The Association shall be prohibited from performing any maintenance or making any modifications to the Facilities without written permission from the City.