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HomeMy WebLinkAboutRes 2017-02-291 Anna Sports Group use agreement CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FACILITIES USE AGREEMENT WITH THE ANNA SPORTS GROUP FOR 2017, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, the Anna Sports Group (ASG) is set up to provide fundamental sports for children ages 5 to 18 years; and, WHEREAS, ASG's goal is to provide a basic knowledge of sports to the players and to instill teamwork and good sportsmanship into every player; and, WHEREAS, ASG 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 formally authorizes the ASG 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 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 28th day of February, 2017. ATTEST: APPROVED: k 0 F /I City Secretary, Carrie L. Smith ,�, Aayor, Mike Crist .......... P,:) ,0 FACILITIES USE AGREEMENT This Facilities Use Agreement (this "Agreement") is made by and between the City of Anna, Texas (the "City") and the Anna Sports Group ("ASG"), a Texas nonprofit association. The City and ASG 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 ASG's 2017 Spring Baseball and Softball Regular Season. The Spring Baseball and Softball Regular Season shall run from March 1 through July 31 and shall consist of the regular season games with a maximum of two post-season tournaments. ASG shall not schedule games (includinq tournaments) to be played on any field without prior approval from the City. Any request by ASG for field usage after July 31 for the Spring Baseball and Softball Regular Season will be negotiated between the City and ASG. "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 of the fields at Slayter Creek Park, ASG shall have priority use of the Spring Ball Facilities for prescheduled team practices during the regular season from 5:00 p.m. to 9:30 p.m. Monday through Friday, and from 5:00 p.m. to 9:30 p.m. on Saturday and Sunday; provided, however, that said priority use shall only apply to times reserved as set forth in practice schedules that have been submitted to and approved by the City in advance of the regular season. ASG shall provide the City with its proposed Regular Season practice schedule for each field prior to the beginning of the season. Use of the fields at times not previously approved for ASG in advance shall be scheduled by the City at its sole discretion. II. The City agrees to allow ASG 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 given 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 and ASG shall obtain any required health permits prior to its use of the Concession Buildings. ASG 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 February 27th or (if made on a quarterly basis) the first payment is due on February 27th with additional quarterly payments due the first day of April, July, and October. In the event ASG does not provide concessions for athletic I 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. 111. ASG acknowledges that its use of the Spring Ball 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 practices) of the Park Facilities under this Agreement. ASG shall provide the City with the schedule of games for each regular season at least two weeks prior to the start of each regular season. Except as noted below, ASG 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. ASG shall not schedule or reschedule games to be played on the athletic fields at Slayter Creek Park without prior approval from the City. IV. The non-exclusive use by ASG of the Park Facilities is subject to the terms of an Interlocal Agreement between the City of Anna and Anna Independent School District ("Interlocal Agreement") 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. V. Not withstanding anything in this Agreement, ASG'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 Facilities 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. VI. The term of this Agreement shall be for one year from January 1, 2017 through December 31, 2017. VII. Upon termination of this Agreement, ASG and the City may negotiate a new agreement. ASG 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 2 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. VIII. ASG shall not assign this Agreement nor shall it sublease or rent out any property of the City. This provision includes sports camps and tournaments. Due to the necessity of inter-league play in order to compete some leagues, ASG shall insure that an Association team is scheduled for each game played on any part of the Park Facilities. IX. ASG 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 ASG is permissible, for no more than two tournaments or special events per calendar year, as long as ASG 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 tournament entry/registration fees by ASG is permissible. X. ASG 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 ASG OR ANY OF ITS MEMBERS OR PARTICIPANTS. ASG 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 ASG, its officials, officers and employees. At least two weeks in advance of the first regular season identified in this Agreement, ASG 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. XI. ASG 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. ASG 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. ASG shall also submit a copy of all contracts, if any, entered into by ASG for any of its operations related to the Park 3 Facilities including but not limited to concessions, umpires/referees, equipment rentals, and field maintenance. XII. Within 60 days of the end of the calendar year, ASG shall submit to the City Manager ASG's annual financial report for the prior year which shall include the revenue collected and expenditures that occurred during the reporting period, and the reporting period ending balance of any bank accounts operated by ASG. XIII. ASG 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 ASG's youth activities. ASG 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. ASG 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, ASG will prohibit that individual from serving in any capacity with ASG's activities. ASG shall establish a policy as to how its criminal background checks will be processed and will pay for the cost of each check. ASG 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 ASG. XIV. ASG shall furnish in writing to the City the names, addresses, and telephone numbers of persons designated as ASG'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 ASG'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. XV. ASG agrees to stop play and all other operations on any part of the Park Facilities by 11:00 p.m., unless it receives written permission to go beyond 11:00 p.m. from the City's Representative. ASG shall have the responsibility to turn off all field lighting. XVI. 4 ASG 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. This fee is due to the City within two weeks after the start of each regular season. ASG shall pay a 10% late fee in addition to any fees paid after the due date. XVII. 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 otherwise be required to meet to avoid liability under Texas law. The nature of this Agreement is to allow ASG limited use of certain City-owned facilities provided that ASG 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 ASG provides and that relate to its use of facilities under this Agreement are services that ASG 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 Parties understand and agree that ASG 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 ASG, 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 ASG and the City that the exhibits referenced below shall be part of this Agreement as if set out in their entirety said exhibits being: EXHIBIT A– Facilities Maintenance EXHIBIT B – Field Inspection and Closure EXHIBIT C – Concession Buildings Maintenance XVIII. This Agreement shall not become effective unless and until ASG 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 ASG 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"). ASG 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, ASG 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 5 address of the Agent. The obligations in this paragraph shall survive for two years after the termination of this Agreement. XIX. Any violation by ASG 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 ASG 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 ASG of any sums due hereunder, ASG 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 ASG, ASG 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 If to ASG: 41 This aqreement is made and entered into on the P day of CITY OF ANNA: -Cit y ki at" �Ivt 7 r1c,�C k V ANNA SPORTS GROUP: 7 EXHIBIT A FACILITIES MAINTENANCE 1. The City shall maintain the turf area of all athletic fields. 2. The City shall maintain all back-stops, fences, and gates. 3. The City shall maintain all bleachers and dugouts. 4. The City shall maintain the ball field lighting systems. 5. The City shall be responsible for the maintenance of any irrigation systems. 6. The City shall be responsible for hauling off trash that has been properly deposited in trash dumpsters. 7. ASG shall provide all bases, pitching plates, soccer goals, and all other equipment required for game play. All soccer goals provided by ASG 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 ASG, ASG 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 ASG discovers any poor, damaged or unsafe condition of the Park Facilities, it shall immediately notify a City Representative of same. 8. Unless otherwise provided by the City, ASG shall perform all pre-season infield clay maintenance to include adding clay, clay renovation, and cutting infield areas and base paths. The City shall provide the clay for said maintenance. ASG shall build the pitcher's mounds if needed. The City shall provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary by the City. 9. Unless otherwise provided by the City, ASG shall regularly drag and maintain the infields in a weed-free and playable condition. 10.Unless otherwise provided by the City, ASG shall mark all foul lines, boundary lines, and other field markings required for game play. 11.Following any use by ASG of the athletic fields at Slayter Creek Park, ASG shall ensure that the athletic fields (turf, infields, home plate, bases, base lines, pitcher's mound, etc.) are returned to an acceptable condition for use by other organizations consistent with the City's policies for athletic field maintenance. ASG shall not adjust or allow any adjustment of the athletic fields at Slayter Creek Park that create bases or baselines inside a grass infield. ASG shall not make or allow any other alterations or adjustments to the athletic fields at Slayter Creek Park that are inconsistent with the use required by the Anna ISD for their UIL baseball and softball practices and games. 12.ASG 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. All litter shall be placed in the bins, cans, and receptacles provided by the City. The City shall provide pick up for these receptacles. 13.ASG 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.ASG shall not perform any maintenance to any turf area or make any modifications to the Park Facilities without written permission from the City. 15.ASG 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.ASG 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 ASG incurring the costs associated with the repairs of the fencing. 17.If ASG 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. EXHIBIT B 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 his/her designee, about the status of the field(s). 4. Should ASG'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 ASG's Field Manager about the status of the fields. 5. Should ASG'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 ASG and the participants about the field closure decision. EXHIBIT C CONCESSION BUILDINGS MAINTENANCE 1. ASG shall appoint a Concession Buildings manager who shall be responsible for the maintenance and operation on ASG's concession operations and for compliance with the policies outlined in this Exhibit "C". 2. ASG 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 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. • Barbeque grills and propane containers shall not be stored in the Concession Buildings 3. ASG 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. ASG 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 ASG discovers any poor, damaged or unsafe condition of the building facilities or equipment, it shall immediately notify the City of same. 5. ASG 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. ASG shall be prohibited from performing any maintenance or making any modifications to the Facilities without written permission from the City.