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2019-096 Denton Soccer AssociationDate: May 3, 2019 Report No. 2019-096 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Denton Parks and Recreation (PARD) Soccer Leagues BACKGROUND: On April 26, 2019, PARD was asked to provide information in response to questions and concerns raised by the Denton Soccer Association (DSA). The following information is provided regarding the request. 1. Parks and Recreation Department (PARD) Fees The current fees (impact fee) charged per player are $15 / each for recreation league and $25 / each for select league. Additionally, a $5 enhancement fee is assessed per player. PARD applies a $5 fee for non-residents that applies to all programming. Per the Facility Utilization Agreement (Attachment 1) with Denton Soccer Association (DSA), PARD requires 50% of the Association’s active membership/participants reside within city limits. This fee structure for impact and enhancement charges has been in place since 2009. The purpose of the impact fee is to partially recover the cost of maintaining the athletic fields. The level of maintenance a park property receives is based on its classification. Athletic fields used for organized league play are classified at the highest maintenance level which is AA (Attachment 2). Other fields located in the park system not designated for league play are classified as A. The annual cost of maintaining the soccer fields utilized by DSA located at North Lakes Park is approximately $127,000 (Attachment 3). Athletic associations under agreement are booked first for scheduling of fields and allocation of time during their season based on enrollment. Remaining availability of fields and times are open to the public for rental use. The following detail shows the impact fees and non-resident fees collected over the last 3 years: Season/Year Rec Impact Fees ($15/player) Select Impact Fees ($25/player) Non-Resident Fees ($5/player)Total Spring 2016 10,155.00$ 450.00$ 1,065.00$ 11,670.00$ Fall 2016 9,435.00$ 1,600.00$ 1,205.00$ 12,240.00$ Spring 2017 10,125.00$ 1,775.00$ 1,180.00$ 13,080.00$ Fall 2017 9,690.00$ 1,775.00$ 1,185.00$ 12,650.00$ Spring 2018 10,695.00$ 1,775.00$ 1,200.00$ 13,670.00$ Fall 2018 11,610.00$ 850.00$ 1,475.00$ 13,935.00$ 61,710.00$ 8,225.00$ 7,310.00$ 77,245.00$ Denton Soccer Association 3 Year History - Impact & Non-Resident Fees Date: May 3, 2019 Report No. 2019-096 Revenue from enhancement fees is specifically designated and used towards the enhancement of athletic fields used by the Denton Youth Sports Association (DYSA). Per the Facility Utilization Agreement, the fees are used for projects voted on by the majority of DYSA members, giving DYSA significant input in the use of the funds. Additionally, scholarship participants are exempt from the enhancement fee. The fund currently has a balance of approximately $22,000. On average, PARD receives $4,100 annually from Denton Boys Baseball, Inc. (DBBI) and $3,400 annually from DSA. The fund has primarily been used to cover the cost of winter rye seeding but other projects such as shade structures, clay work, benches, and scoreboard work have also been funded by the enhancement fee. The impact fees collected from DSA in the 2018 season account for approximately 22% of the annual cost to maintain the soccer fields utilized by the organization. The remaining costs are covered by rental revenue and the tax supported general fund. PARD currently does not budget for enhancements or added features requested by DYSA or specific to the fields. The enhancement fund is used to fulfill those requests. General maintenance and replacements are funded by PARD. Further, the roles and responsibilities of PARD and DYSA, which includes DSA, are outlined in the Facility Utilization Agreement. The agreement is reviewed and approved on an annual basis. PARD is open to discussions regarding changes including to services that are mutually beneficial to all parties. 2. Services PARD is open to providing fencing along the border of the soccer field pad to enhance the safety of the players. PARD staff can work with DSA representatives on a design meeting the proposed needs. Additional improvements such as sidewalks along the fencing could also be considered for improved accessibility and trail connection. In 2018, PARD recommended amending the sign ordinance to bring sponsorship signage secured by DBBI into compliance. The change in language applied to DYSA which includes association members. A $10 fee per sign was included for advertising privileges on City property. The amendment was approved by Council and included in the Facility Utilization Agreement. Pending the design, approval, and installation of fencing around the soccer fields, PARD would support the placement of sponsorship signage on the fence in compliance with the ordinance and agreement. Maintenance and operation of the building is outlined in a formal lease agreement adopted by city ordinance in 2003 (Attachment 4). The building was included in recent capital repairs for roof replacement. PARD is open to discussions regarding changes to the agreement that are mutually beneficial to all parties, serve the public, and align with the City’s strategic goals and objectives. 3. Competing League PARD has offered a coed recreational soccer league for over 15 years. The primary difference in PARD’s league is that all teams are coed. The league was created to provide children from lower Date: May 3, 2019 Report No. 2019-096 income families an opportunity to try a new sport and to be active. PARD also views this league as a way for parents to gauge their child’s interest in a recreational, low cost environment. The cost to play in PARD’s league is $65/player, a $45 difference from DSA’s early registration for new players. Historically, we offer four age divisions: 6 & under, 8 & under, 10 & under, and 12 & under. It is not uncommon for PARD to cancel the 12 & under league due to lack of registration. For the Spring 2018 season, PARD held 6 & under, 8 & under, and 11 & under age divisions. With all three age divisions combined, PARD’s league had a total of 150 participants in the 2018 Spring league. The league is not designed to compete with DSA. The goal of the league is to provide opportunities to families who may not otherwise be able to participate and to those exploring interest in new sports. PARD encourages and refers players that want to continue to play at the next level and grow as a player to register with DSA. CONCLUSION: PARD values its partnerships with the community’s youth sports associations and recognizes the mutually beneficial relationship. The partnership is an efficient and effective way of providing vital youth athletic programs that promote health and wellness, build social skills, and engage families and the community. PARD is committed to fostering and supporting positive relationships with our community partners and will work with all associations to improve communication and the sharing of information. PARD is also open to and welcomes discussions that will improve and enhance the services provided to our customers. PARD will reach out to DYSA and work with the individual associations to address questions and concerns, review existing agreements for proposed updates and revisions, as well as develop joint work plans for improvements. DYSA and its association members will also be included in the master planning process in assessing and identifying future athletic needs. ATTACHMENT(S): Attachment 1 Draft 2019 Facility Utilization Agreement Attachment 2 PARD Maintenance Classification Attachment 3 North Lakes Soccer Maintenance Cost Attachment 4 Denton Soccer Association Building Agreement STAFF CONTACT: Laura Behrens, Assistant Director Parks and Recreation Laura.Behrens@cityofdenton.com Attachment 1 CITY OF DENTON PARKS AND RECREATION DEPARTMENT 2019 FACILITY UTILIZATION AGREEMENT FOR YOUTH SPORTS ASSOCIATIONS This Annual Facility Utilization Agreement, herein called “Agreement“ is made and entered this ___day of ______________, 2019 between the City of Denton, herein called “City”, and the ______________________, herein called “Association.” For and in consideration of the mutual undertakings herein set out, the parties agree as follows: The Association utilizes public athletic facilities that are provided and maintained by, and at the cost of, the City. Further, the City contributes, as an in-kind contribution towards the Youth Sports Programs, the usage of space at the allocated fields for signage, as detailed in Section 24, below. In return for the use of those facilities and the City’s contributions as specified herein, the Association hereby agrees to abide by the following standards, requirements, and guidelines set by the City for all recreational youth sports. Failure to abide by these standards and guidelines could result in restriction of facility use or the cancellation of the Agreement. Section 1. FIELD ALLOCATION Both the City and the Association agree that these allocated fields are owned by the City and provided for the benefit of all citizens of Denton. The City shall maintain final approval over the use of these fields at all times. The City reserves the right to use any field for other events or programs if notice is given to the appropriate Association at least one month prior to registration for the next season, or if the Association’s schedule allows for additional field usage by the City. The City reserves the right to change field or concession assignments. Associations will report enrollment numbers to the Athletics Office at least one week prior to practices beginning for each season in order to receive their field allocation for that season. Associations should accurately estimate their enrollment for the season. At minimum, fees will be based on this reported enrollment. The allocation chart is attached to this Agreement as Exhibit A. The City may utilize any fields not allocated. Based on enrollment numbers: • Denton All-Star Youth Football League (DAYFL) will use North Lakes Football Complex and its concession stand Monday – Saturday during its season, as defined in Exhibit A. • Denton Boys Baseball (DBBI) will use Evers Baseball Complex and Mack Baseball Complex along with the concession stands at each complex during its seasons, as defined in Exhibit A. • Denton Soccer Association (DSA) will use North Lakes Soccer Complex and the building/concession stand during its seasons, as defined in Exhibit A. North Lakes Soccer and Football Complex, Evers Baseball Complex, and Mack Baseball Complex are herein called “Premises” in accordance with the terms of this Agreement. 2 Requests for additional field space will follow the same guidelines and fees outlined in the City’s regular Field Agreement. Section 2. SEASON DATES, HOURS, AND SCHEDULES Fields will be made available for practice and games to Associations anytime between the dates outlined in Exhibit A. 1. All fields must be reserved through the Athletics Office for practices and games. 2. All practice and game schedules must be submitted to the Athletics Office in calendar form no later than one week prior to practices and games beginning. In addition to the calendar schedules, a copy of the full practice and game schedule must be provided. A link to the online schedules is acceptable. 3. Each Association will need to provide the City two business days’ notice for any make-up games needed. 4. Weekend games may not start prior to 8 a.m. to allow enough time for maintenance to evaluate playing conditions. 5. All games on the Athletic fields must end by 10 p.m. 6. Athletic fields are closed between the hours of 7 a.m. – 3:30 p.m. Monday – Friday to allow City crews to maintain fields. 7. No team should be allowed more than four hours of field use per week. Section 3. TOURNAMENTS AND CAMPS Due to the increase in requests for field allocations to host tournaments and camps, and the added impact on personnel and operational budgets, the City will determine the types of tournaments and camps that will be selected and the responsibility of the requesting groups when hosting these activities. Selected tournaments may require additional maintenance costs such as labor and field preparation supplies, at the discretion of the City. Tournaments within the Parameters of League Play: Intra-league tournaments for Associations that have one pre- or post-season tournament as part of the recreational league will be allowed by the City. Invitational Tournaments and Camps: The City will allow one invitational tournament and one camp per season at no cost. The City will also allow one fundraising tournament per calendar year. All tournaments allowed hereunder must provide the opportunity for the Association’s teams to participate in the tournament. Requests for additional tournaments will follow the same guidelines outlined in the City’s regular Field Agreement. 3 Requirements for all tournaments: 1. Tournaments may only take place within the allowable season dates per the Agreement, except for pre-season tournaments. Pre-season tournaments may be held the weekend before games begin, at the discretion of the City. 2. The Association will be responsible for picking up trash. The City will provide extra trash bags, if needed. A fee of $38/man-hour will be charged if the Parks Maintenance must pick up trash on Monday. 3. Fields will be marked on Friday for the weekend. Additional field prep will be the responsibility of the Association. 4. Games may not begin prior to 8 a.m. on weekends. 5. If the Association requests weekend maintenance, a fee of $38 per man-hour will be charged for preparation of the fields, trash pick-up, restocking and cleaning of restrooms, etc. 6. A fee of $150 per field will be charged for additional temporary fencing or installation. 7. Additional port-a-lets will be at the expense of the Association and must be by a City approved company. 8. Additional bleacher placement (rental or City transfer) will be at the expense of the Association and must be by a City approved company. 9. Tent rentals will be at the expense of the Association and must be by a City approved company and meet fire code guidelines. 10. A detailed financial report (conforming to a template supplied by the City) must be submitted within two weeks of the conclusion of the tournament, detailing the following information: revenue and expenses for the tournament (including concessions), listing of team names and the city they represent, average number of players per team, host hotel(s) name, number of hotel nights generated from the tournament, and any sponsors involved with the tournament. Section 4. ATHLETIC FIELD USAGE REQUIREMENTS AND ROGUE PLAY 1. Associations are prohibited from subletting fields. Teams must be a registered member of the Association to receive game and practice privileges. Teams, whether recreational or select, are never permitted “practice only” privileges as this would be considered subletting the fields. Recreational teams in leagues that have combined with other associations and/or leagues are permitted up to two games in Denton before having to register with the Association and pay all applicable fees. Select teams are exempt from this game limit rule since they travel more often and pay select impact fees. 4 2. Athletic fields may be closed due to fields being too wet for play, safety concerns, require maintenance, renovation, or construction. 3. The City will have the final say on field playability, in its sole discretion. The athletics field condition line is (940) 349-8276 and will be updated by 4 p.m. on weekdays and by 8 a.m. on weekends when conditions are questionable. The only time it is up to the Association’s discretion for play is if inclement weather occurs after 4 p.m. on weekdays or 8 a.m. on weekends and no determination has been made by the City. 4. It is a violation of Section 22-26 of the Code of Ordinances of the City of Denton, Texas to enter a field that has a closed sign posted, unless such person is a City employee, or contractor, performing maintenance. 5. It is a violation of Section 22-26 of the Code of Ordinances of the City of Denton, Texas to enter a field without having a reservation that has a “field use with permit only” sign posted. 6. It is a violation of Section 22-30 of the Code of Ordinances of the City of Denton, Texas to park any vehicle in a park after 10 p.m. or before 6 a.m. Overnight camping and parking is not permitted. 7. All parking must be done in the parking lots. No parking is allowed on any grass area, unless the area has been designated for overflow parking by the City. 8. Driving inside the athletic complexes should only be completed for loading or unloading of supplies. Vehicles must remain on paved areas. Immediately after loading and unloading, vehicles must return to designated parking areas. 9. If a tent larger than 400 square feet or a canopy larger than 700 square feet will be used, the Association must contact the Fire Marshall at (940) 349-8360 to secure a Fire Code Permit. A fire extinguisher is required for these tents. 10. No alcohol is permitted in any park area, including parking lots. 11. It is not permitted to smoke or possess a lit tobacco product within the Premises, or other plant product, or to smoke electronic cigarettes (e-cigarette) except in designated areas. The designated smoking area is the parking lot, unless otherwise noted by a specific “designated smoking area” sign. 12. The Association will adhere to all City Ordinances and regulations that regulate use of City athletic facilities, including, but not limited to, compliance with the Sign Ordinance. Rogue Play: Association board members, commissioners, and staff are expected to enforce the City of Denton’s ordinance regarding playing on fields without a reservation. If rogue play is seen, the violators should be asked to leave and told they are not able to use fields without a reservation as it is a violation of City Ordinance. Please provide the (940) 349-PARK number for them to call for rental availability. If the violators refuse to leave or they are repeat offenders, the Denton Police Department should be called and told that people are using the field(s) illegally in violation of City Ordinance 22-26. 5 Depending on the severity of the situation, the non-emergency Police number can be called (940) 349-8181, or please use 911 if it is an emergency or escalated situation. The Police have the authority to write tickets for violations. Denton Parks and Recreation (DPARD) staff is not able to write tickets. If an Association experiences rogue play, follow above steps and report the rogue play to the Athletics Office by email. Specify the date, time, number of violators, and field(s) on which the rogue play occurred. The Athletics Office will keep a record of all reported rogue play. Section 5. TEAM FORMATION AND LEAGUE MANAGEMENT Each Association must have a fair and detailed selection process for recreational teams in an effort to evenly distribute talent. This process must be documented in the Association’s By Laws, Manual of Procedures, or similar document. 1. A minimum of 50 percent of the Association’s active membership must reside within the City of Denton limits. Please note, not all Denton ISD boundaries are within the City of Denton. 2. Teams from outside the City of Denton may join the Association’s recreational league play, providing they register through the Association and pay all applicable fees. 3. Combining of leagues with other cities or programs is sometimes necessary in order to have enough teams to play. However, if non-Association teams play more than two of their games on Denton fields, they must register with the Association and pay all fees. This rule does not apply to select leagues, in which the Denton teams have registered and paid the select impact fees. 4. Before practices or games can begin, the Association must have a mandatory background check completed on all coaches by a reputable organization. (New coaches added during the year must also have this completed prior to performing coaching duties.) Background checks need to be completed on all coaches annually. 5. It is recommended that all coaches complete a sport specific certification program through a reputable organization. 6. Under no circumstance should parents be used as umpires or officials unless they are affiliated with an insured umpires/officials/referees’ organization. 7. All participants of recreational teams will receive the same uniform in respect to parts and quality of material. 8. All teams in an age division shall be provided the same playing equipment in respect to number of items and quality of materials. 9. In naming divisions/teams, no derogatory or controversial name may be used unless the name is a trademark of a nationally franchised organization. 6 10. The Athletics Office must approve allocation for any expansion or changes in the Association’s programming that may affect field preparation or league programming. Requests must be in writing, received, and approved prior to signing of the Agreement. Decisions will be based on overall benefit to the participants. 11. Every effort shall be made to allow participants to play regardless of his/her inability to pay. A scholarship program must be established with criteria evaluating the participant’s ability to pay. Fees are to be set on a sliding scale, installment, or grant basis. The City Council mandated impact and nonresident fee per child per season will apply to scholarship players. Section 6. SELECT/CLUB TEAMS All Select/Club Teams must register with the Association and pay all fees outlined by the Agreement. These teams must then coordinate all scheduling (practice and games) through the Association member league that will have final approval as it relates to scheduling. 1. Recreational league play must receive top priority when scheduling field allotments. 2. Select/Club Team field usage cannot have a negative impact upon Recreational League Play or generate excessive field maintenance, as determined by the City. Section 7. BUDGET AND FISCAL CONTROLS The Association will submit a projected budget prior to season registration. Associations will be required to submit financial documents, which include bank statements, cash flow report and check register (such as Quicken) on January 10 for the previous year. The financial reports need to show income, expenses, and all fund balances for all league play and any tournaments or camps. To assure fiscal control, the Association will: 1. Keep all financial records in accordance with IRS regulations for 501C (3). 2. Submit documentation that verifies valid nonprofit or 501C (3) status. If an Association loses their nonprofit status from the IRS or State of Texas, the City must be immediately notified in writing. The Association must get reinstated no later than one month prior to the start of the upcoming season, or the Agreement will be terminated. 3. Submit accounting reports that detail all financial activity by using an accounting program such as Quicken. 4. Immediately notify the City, in writing, of any financial difficulty. 5. Immediately notify the City, in writing, if any sanctions, probations, or warnings have been given to the Association by their governing body. 7 6. If the Association’s accounting practices are found to be fraudulent or mismanaged, the City reserves the right to suspend or cancel the Agreement. 7. The Association’s budget and financial documentation as defined in this section may be requested at any time and will be due to the Athletics Office within three business days of the request. 8. To ensure the City is being good stewards with publicly funded fields, an independent financial audit may be conducted once per year of each Association’s financial records. Section 8. ASSOCIATION BOARD MEMBER GUIDELINES 1. Must notify the Athletics Office of all upcoming board meetings. 2. The minutes from all board meetings must be submitted to the Athletics Office no later than the last day of the month following each meeting. For example, if a board meeting was held on July 25, the meeting minutes will be due by August 31. 3. The Athletics Office reserves the right to attend any board meetings without notice. Each association is allowed to book one free meeting room per month at one of the City’s recreation centers, pending availability. These free meetings are to be used for the Association’s board meetings, umpire meetings, or coaches’ meetings. The meetings are not to be used for individual team meetings, team parties, or practices. One primary contact from the Association should e-mail meeting room requests to the Athletics Office. Section 9. DENTON YOUTH SPORTS ASSOCIATION MEETINGS The Denton Youth Sports Association (DYSA) is a combination of representatives from each Association with a Facility Utilization Agreement in place with the City. The DYSA and City staff will meet the first Thursday of February, May, September, and November at 6:30 p.m. at a location to be announced by the City. At least one representative from each Association must be present at each scheduled general board meeting. Any Association missing more than one meeting will be subject to dismissal, and have their Agreement with the City terminated. The City may cancel a meeting if there are not sufficient items on the agenda to warrant holding a meeting. The City will notify that Associations if a meeting is canceled. Section 10. ON-SITE COMMISSIONER The Association agrees to provide a league representative on-site at each practice, game, or tournament held at the Athletic Fields. Section 11. DOCUMENTATION AND FEES The Association shall submit to the City a copy of their bylaws, fair play time and team formation statement, minimum and maximum roster requirements, 501C (3) status, projected budget, projected start dates, insurance, light deposit, game and practice schedules in calendar form, health permit, schedule of board meetings, board meeting minutes, applicable fees, final player rosters, end of season summary report, and financial statements. Associations will also submit names, position title, best contact number, and email address of all officers and board members within two weeks after 8 election or appointment. A listing of these documents and fees with due dates is attached to this Agreement as Exhibit B. The following fees will apply to the Association: 1. The Association will be assessed an Impact Fee of $15 per child per season for recreational players and $25 per child per season for select players that will be submitted to the City of Denton. This fee will be due on June 15 for the spring season and September 15 for the fall season. 2. A Nonresident Fee shall be collected in addition to all fees required to participate. The Association must pay a $5 fee for each player who is a nonresident of the City of Denton, each season. Rosters must show the city of residence for each player, so residency can be verified. This fee will be due on June 15 for the spring season and September 15 for the fall season. 3. The Association will assess an Enhancement Fee of $5 per registered player during the primary season, which will be placed into a City of Denton fund managed by the department to be used for field enhancements. Enhancement Fees will be used as voted on by a majority of the DYSA members. Requests to use Enhancement Fees must be submitted to the Athletics Office in writing at least 14 days prior to a DYSA meeting. The request must detail what the fees will be used for, and all cost associated with the proposed enhancements. Participants on scholarship are not required to pay this fee. The Enhancement Fee will be due on June 15 if the Association’s primary season is in the spring and due on October 31 if the Association’s primary season is in the fall. Checks for the Enhancement Fees must be made payable to the City of Denton. Section 12. INSURANCE AND INDEMNIFICATION The Association shall be required to carry commercial general liability insurance with bodily injury limits of not less than $1,000,000 for each occurrence, and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $250,000 for each occurrence, and not less than $500,000 in the aggregate. It is also recommended that the Association purchases an accident policy with $5,000 coverage to assist participants with minor medical bills. During the performance of the Agreement, the Association shall maintain the above insurance with an insurance company licensed to do business in the State of Texas and must have an AM Best rating of at least A-. The Association shall furnish the insurance certificate no later than one week before practice begins. The insurance policies shall name the City of Denton as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 30 days written notice to the City and the Association. In such event, the Association shall, prior to the effective date of the change or cancelation, serve substitute policies furnishing the same coverage. THE ASSOCIATION SHALL DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS THE CITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, CONTRACTORS, SUBCONTRACTORS, ASSIGNS, SPONSORS, AND VOLUNTEERS ASSISTING IN CITY ACTIVITIES FROM AND AGAINST ANY AND ALL LIENS, CLAIMS, DEMANDS, LOSS, LIABILITY, COST (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, ACCOUNTANTS’ FEES, 9 ENGINEERS’ FEES, CONSULTANTS’ FEES AND EXPERTS’ FEES), EXPENSE, DAMAGE, AND CAUSES OF ACTION FOR DAMAGES BECAUSE OF INJURY TO PERSONS (INCLUDING DEATH) AND INJURY OR DAMAGE TO OR LOSS OF ANY PROPERTY OR IMPROVEMENTS ARISING FROM OR CAUSED BY THE ACTS AND/OR OMISSIONS OF THE ASSOCIATION, ITS OFFICERS, DIRECTORS, AGENTS, COACHES, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS, AND PARTICIPANTS IN ASSOCIATION ACTIVITIES. Section 13. CONCESSIONS STANDS AND VENDORS The Association may operate concession stands under the following guidelines: 1. Only in regular season league play and tournaments allowed by the City under this Agreement. 2. If permanent City stands are available on the Premises, they will be available to the Association that have games scheduled at the location. 3. All food or drink prepared, served, sold, or stored shall be done so in strict conformity with all city, county, state, and federal law. It shall be the Association’s responsibility to coordinate all health inspections and licensing for their concession operations. All associations will be required to present their health permit one week prior to the concession stand opening. 4. All associations will be required to submit the name of their concession representative to the Athletics Office. This contact information will be given to the City health inspector. The concession representative must obtain their food handling card and present a copy of this card to the Athletics Office one week prior to the concession stand opening. 5. The Association must pick up litter in the area of its stand on a daily basis, including the breakdown of all boxes to be placed in the dumpsters (not in the trash barrels) located at each site. The Association will tie and remove all trash bags from cans that are three fourths full or more and put said trash bags in the dumpster. Non-compliance with concession and litter collection will result in forfeiture of concession privileges by the Association. 6. The Association is only permitted to run a concession stand if it has a current signed Agreement in place with the City. 7. The Association may subcontract this operation. However, the City must be given written notice 14 days in advance indicating the desire for the Association to have a third party operate the concession stand and must also be provided with the details of the agreement between the Association and third party concessionaire. The Athletics Office must review any proposed agreement between the Association and the third-party concessionaire and provide written approval of the agreement to both parties. The third-party concessionaire must provide proof of insurance to the City and must assume all liability for vandalism, theft, etc. 8. The Association will not be required to pay an additional fee for the privilege of operating a concession stand. If vendors sell at the Athletic Fields, the following guidelines must be met: 1. The City must be notified at least two business days in advance if any vendors will be selling at the Athletic Fields. Associations must give the dates and times the vendor will be on the 10 Premises, as well as what goods are being sold. 2. Anyone selling an item at the Athletic Fields must purchase a vendor permit. This permit can be purchased at the Denton Civic Center. The fees are: $15 per day for nonprofit or $25 per day for profit. 3. If food items are being sold, the vendor must present a valid health permit in order to purchase a vendor permit. Section 14. FIELD LIGHTS The Association will pay the City a $200 deposit at least two weeks prior to using lights. The Association will only use athletic field lights necessary for the fields in use (i.e. if play is only on field 1, then lights should be on only for this field, not the entire complex.) When play concludes on any field for the night, the Association is responsible for turning off the lights within 15 minutes after the conclusion of play per field. If the Association fails to turn off lights, it will forfeit its deposit and a new $200 deposit must be paid within one week. The $200 deposit will be returned to the Association at the end of its last season, or rolled over to the next year at the request of the Association. Light codes will be given to the Association. There is a code to the push button box and the bypass box. Bypass boxes should only be used if there is a malfunction with the push button box. Any light malfunctions should be reported to the City the next business day. Failure to abide by these policies may result in loss of light privileges. Section 15. PERMISSION FOR INSTALLATION, CONSTRUCTION OR MAINTENANCE The Association shall submit to the Athletics Office any proposal to install, construct, or modify temporary or permanent structures, signs, equipment, or other related items prior to the commencement of any work. All communication regarding maintenance and/or field improvements may only be submitted with the Association’s president’s approval. All applicable City codes, including the City’s Sign Ordinance, must be followed. Further, the Association agrees to comply with the Athletic Field Sponsor Sign Guidelines in Section 24 of this Agreement. Approval of the proposal shall rest solely with the City. Permanent structures shall become the property of the City. These requests must be submitted to the Athletics Office at least 30 days in advance. Prior to placing anything in the ground (stakes, t-posts, etc.) the Association must call 811 to schedule a dig survey. Additionally, the Association must secure written approval from the City. Section 16. TEMPORARY REGISTRATION SIGNS Temporary “real estate” style yard signs which announce registration information for the upcoming season may be placed on park property with the following guidelines: 1. Signs must adhere to all City codes, including the Sign Ordinance. 2. Signs may not be placed in the right of ways. 11 3. Signs must display the approved City of Denton logo. 4. Signs must be taken down by the Association no longer than two weeks after initial posting. Section 17. STORAGE UNITS The Association may purchase storage units and place them at a site in the park that has been designated by the City. Units must meet standards set by the Parks Superintendent, or designee. Requests to purchase and place storage units be submitted to the Athletics Office at least 30 days in advance. Section 18. MAINTENANCE STANDARDS FOR PREMISES 1. City shall maintain quality turf areas, including mowing, weed control, fertilizing, and herbicide spraying as allowed by budget. 2. The City shall prepare and line fields for weekday games. All fields will be marked on Fridays for weekend games. Additional field prep over the weekend will be the responsibility of the Associations. Fields will be maintained periodically as needed for practice purposes. 3. The City shall maintain all City-supplied bleachers in a safe and secure condition. 4. The City shall provide and maintain all area and field lighting systems. 5. The City shall be responsible for the maintenance of all irrigation systems on the Premises. 6. The City shall be responsible for the maintenance of adjacent park irrigation systems and the watering of athletic turf areas. 7. The City shall maintain the restrooms in a safe and sanitary condition during the approved season(s). Restrooms will be closed from November 15 – March 15 for winterization. If the Association requests restrooms open prior to March 15, then the Association will be responsible for all costs associated with any repairs as a result of opening the restrooms during winter, such as busted pipes, etc. 8. Associations shall be responsible for daily practice and game day collection of all litter on the Athletic Fields, including playing areas, fences, bleachers, concession stands, and adjacent grounds. (See section 13 for collection of litter at concessions.) All litter shall be placed in the 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 will be issued in writing by the City requesting immediate compliance. If the City deems applicable, further non-compliance by the Association will result in a fee of $38 per hour/per staff member for litter clean up. 9. The Association shall be prohibited from performing any maintenance to any turf or infield areas on the Premises, without written permission from the City. 10. The Association shall ensure that all secured areas remain locked and/or locked at the completion of each activity. 12 11. No “ball toss” or “soft pitch” batting practice is allowed into any chain link fence fabric on the premises. 12. No kicking or hitting balls against the Denton Soccer Association Building. 13. Metal cleats will be permitted at Mack and Roberts baseball fields only. 14. Associations must pay for the repair or replacement of score board controllers. Section 19. UNLAWFUL ACTIVITIES The Association shall not engage in any activities on the Premises which are in violation of any existing state, federal, local law, or use the Premises in such a manner as to constitute any hindrance for other park patrons engaged in lawful activities. Section 20. EXHIBITS The City and the Association agree that the exhibits attached to the Agreement are incorporated into the Agreement as if set out in their entirety. Such exhibits may be modified in accordance with the terms and conditions stated herein. A revised copy shall be provided to all parties. Exhibits included are: • Exhibit A – Field Allocation and Season Dates • Exhibit B – Schedule of Required Documents and Deadlines Section 21. SCHEDULE OF REQUIRED DOCUMENTS AND DEADLINES There will be a $5 per business day late fee assessed on all late documentation and fees. Late fees must be paid within 30 days of invoice or the City will deny access to fields, lights, restrooms, and concessions until documentation is received. Exhibit B summarizes the deadlines of required documentation and fees which are due to the City of Denton, Parks and Recreation Department. All forms are to be submitted to the Athletics Office at the following address: Athletics Manager Denton Parks and Recreation Department 321 E. McKinney Street Denton, Texas 76201 Phone (940) 349-7218 Fax (940) 349-8384 e-mail: jason.barrow@cityofdenton.com Section 22. TERM This Facility Utilization Agreement will be in effect from January 2019 through December 2019. Section 23. AGREEMENT APPROVAL 13 The person executing the Agreement on behalf of the Association, or representing themselves as executing the Agreement on behalf of the Association, warrants that they have been fully authorized by the Association to execute the Agreement and that it will comply and uphold all terms and provisions contained herein. If the Association violates any term of the Agreement, and/or provides false documentation (i.e. enrollment numbers reported are inaccurate or do not match numbers reported to governing body), the City may find it in default and terminate or suspend the Agreement. If required documents are not submitted in a timely manner, the City reserves the right to deny access to fields, lights, restrooms, and concessions until documentation is received. If this Agreement is terminated, the Association will forfeit all rights to allowed use of all athletic fields, concession privileges, and field lights. Section 24. ATHLETIC FIELD SPONSOR SIGNS As part of the City’s contribution, the Association will be permitted to post sponsor signs on allocated fields with the following guidelines: Sign Specifications and Location 1. Signs must adhere to all City codes, including the Sign Ordinance. 2. Signs must be four feet tall and eight feet long. 3. Graphics on the sign front must face inward toward the field of play. (Signs on fences at baseball and softball fields must face inward towards home plate. Signs on football or soccer fields must face inward toward the field of play.) 4. No sign shall contain any electronic messages, internal or external lighting, or moving parts of any kind. 5. Signs must be professionally lettered and generally of a neat and attractive nature. Sign Installation and Maintenance 1. All sign installation methods must be approved by the Parks Manager and will be performed by the Association. 2. The Association shall regularly inspect all signs for necessary repairs. Broken signs shall be repaired, replaced, or removed by the Association within two business days of discovery of the needed repair. 3. The City shall have the right to immediately remove any sign determined to pose an imminent risk of injury to a person, damage to property, or is deemed inappropriate. Sign Content 1. City will review proposed sign content and have final approval prior to production of the sign. 2. Sign content must reflect only individuals, groups, or businesses that are donating funds or other means of direct sponsorship support to the Association. 14 3. No sign shall include advertising for the following: political campaigns, alcoholic beverages, establishments or businesses where the majority of gross income is obtained from the sale of alcoholic beverages, tobacco products of any type, sexually oriented businesses, or products or services sold by sexually oriented businesses, and/or express views that may be considered defamatory or discriminatory. 4. Sign content and graphics shall not be of such content, color, or design as to create an unreasonable distraction to players, officials, other game participants, or spectators as determined in the sole discretion of the City. Revenue from Sign Sales and Fees 1. Revenue from the sale of signs shall be used by the Association to offset registration fees for participants, field improvements, or other equipment or supplies directly needed to operate the league (such as uniforms, sports equipment and/or player awards.) 2. The Association will include the revenue and expenses from sign sales in its financial reports, as required per the Facility Utilization Agreement for Youth Sports. 3. For the privilege of placing the sign on City property, a fee of $10 per sign displayed during the term of the Agreement is due by December 1 each year. 4. The Association will maintain an inventory of currently displayed signs on each field with expiration date of each sign. This list will be submitted within 45 days after each season along with the applicable fee per sign. AGREED: BY:_____________________________________ NAME:__________________________________ TITLE:________________________________ DATE:_______________________________ CITY OF DENTON: BY: _____________________________________ TODD HILEMAN, CITY MANAGER DATE: _____________________________ ATTEST: ROSA RIOS, CITY SECRETARY 15 BY: ________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: _______________________________ 16 Exhibit “A” FIELD ALLOCATION AND SEASON DATES Denton Boys Baseball – Evers and Mack Baseball Complex 2019 Season and Event Dates Spr. Coach Look – last weekend of Jan. Spr. Practice Dates – Feb. 12 – March 16 Spr. Game Dates – March 17 – June 30 Tourn. date for spring – May 5-6 Tourn. date for summer – June 2-3 Fall Coach Look – first weekend of Aug. Fall Practice Dates – Aug. 13 – Sep 3 Fall Game Dates – Sep. 4 – Oct. 31 Tourn. date for fall – Sep. 22-23 2019 Field Allocation Based on Enrollment 1 field Up to 55 2 fields 56 - 110 3 fields 111 -165 4 fields 166 - 220 5 fields 221 - 275 6 fields 276 - 330 7 fields 331 - 385 8 fields 386 - 440 9 fields 441 - 495 10 fields 496 - 550 11 fields 551 - 605 12 fields 606 - 660 13 fields 661 or more Additional use of these complexes or other City fields will be at regular rental rates. DBBI Exceptions to Allocation: • Regardless of enrollment, DBBI will have access to all fields during defined practice dates above, to help with practice load. After such time, the allocation will apply. Note, Mack 1 will only be available after 6 p.m. during the spring season. • During the spring season, the City will use Mack 1 for weekday practice rentals from 4-6 p.m. and up to six game dates until 7:30 p.m. for local schools. Game dates will be communicated to DBBI in advance of its spring season schedule creation. Rainout/make- up of game dates may be scheduled around DBBI’s existing spring season game schedule. • The City will open up Evers 6 for rentals on Wednesdays and Sundays in the spring and fall seasons once the defined practice dates have concluded, even if full allocation is reached. Additional days and fields will be opened up if full allocation is not reached. 17 Denton Soccer Association - North Lakes Soccer Complex 2019 Season and Event Dates Spr. Practice Dates – Feb. 5 – May 31 Spr. Game Dates – Feb. 17 – May 31 Fall Practice Dates – Aug. 6 – Nov. 24 Fall Game Dates – Aug. 18 – Nov. 24 Tourn. Practice – Nov. 25-30 (no goals) Camp & Tournament Dates – TBA 2019 Field Allocation Based on Enrollment Percentage of Soccer Pad Allocated 25 % Up to 350 50 % 351 - 700 75 % 701 - 1059 100 % 1060 or more Additional use at this complex or other City fields will be at regular rental rates. DSA Exceptions to Allocation: • If enrollment does not meet the 75% of the pad allocation requirement, DSA may request use of one additional field on Tuesdays and/or Thursdays (without additional fees) to help with practice load. Based on current availability at time of request and demand for the season. • If enrollment does not meet the 100% of the pad allocation requirement, DSA may request use of field #11 on Tuesdays and/or Thursdays (without additional fees) to help with practice load. Based on current availability at time of request and demand for the season. 18 Exhibit “B” SCHEDULE OF REQUIRED DOCUMENTS AND DEADLINES 2019 o January 10 – Signed Facility Utilization Agreement due o January 10 - Submit documentation that verifies valid nonprofit or 501C (3) status o January 10 - Association bylaws, which include statements regarding minimum/maximum roster requirements, team formation, and fair playing time (player participation) due o January 10 - Projected budget due o January 10 - Projected season start dates and concession opening date due o January 10 - Schedule of upcoming board meetings, or notice given within 48 hours of a called meeting o January 10 - Financial statements from previous year o Two weeks prior to first practice of the year (or when board member changes occur) – Board member name, position title, best contact phone number, and email address o Two weeks prior to first practice of the year – $200 Light Deposit due (unless rolled over) o One week prior to first practice of the year - Insurance due o One week prior to first practice each season – Report enrollment numbers to receive field allocations o One week prior to first practice each season - Practice schedule (calendar form and link to full schedule) o One week prior to first game each season – Game schedule (calendar form and link to full schedule) o One week prior to concession stand opening – Valid health permit and food handling card o No later than the last day of the month following each meeting - Board/Officers meeting minutes due (Example, July 25 minutes are due by August 31.) o June 15 – Spring Season Impact, Nonresident Fees and End of Season Summary Report due o September 15 – Fall Season Impact, Nonresident Fees and End of Season Summary Report due o 45 days after the last scheduled game - Final Player Rosters due There will be a $5 per business day late fee assessed on all late documentation and fees. Late fees must be paid within 30 days of invoice or the City will deny access to fields, lights, restrooms and concessions until documentation is received. Attachment 2 City of Denton Parks and Recreation Department PARK CLASSIFICATION PLAN TURFGRASS MAINTENANCE MAINTENANCE TASK Class AA Class A Class B Class C Class D Mow, edge, and trim 2 times per week Mow at 1.5 – 2”, clippings not collected 32 mowing cycles per year every 7 days at 2.5-3”, clippings not collected. Leaves are shredded and returned to soil. Every 14 days Mow at 2.5-3”, clippings not collected. Leaves are shredded and returned to soil. 5-7 mowing cycles. Mow at 4-6” clippings not collected. Leaves are shredded and returned to soil. As needed to maintain an identified particular natural state or within City code Fertilization 4-5 lbs of Nitrogen per 1000 sf per year 3 lbs Nitrogen per 1000 sf per year in 2 applications – In conjunction with Athletic field fertilization As needed None None Irrigation Minimum of 1” per week, repairs w/in 24 hours. Potential increase watering due to drought or ryegrass transition. Deep watering cycles recommended Approximate 1” per week, repairs within 48 hours. None None None Aerification 5 times per year in conjunction with fertilizer applications As needed As needed None None Over-seed/sod Over-seed Ryegrass on athletic fields Oct. 1 Sod during field renovations Overseed all bare areas in turfgrass once during growing season. As needed None None Leaf Removal Mow & mulch Mow & mulch Mow & Mulch None None Annual Cost Mowing $18,240.00 Trimming $5,928.00 Ferilization $3,784.00 Ryegrass Product/Labor $3,000.00 Pre-emergent Product/Labor $5,500.00 Lining Fields/Moving Goals and Bleachers/Trash $15,428.00 Paint 5 Gallon $1,800.00 Aerate $2,394.00 Litter Control $6,840.00 Irrigation Repairs $10,433.00 Electrical/Plumbing $2,926.00 General Maintenance $2,216.00 Total Maintenance Expenses (estimated)$78,489.00 Irrigation costs for Athletic Fields North Lakes Soccer Irrigation Year Actual Usage (gal)Rate per 1K gal Total Cost 4/29/2017-4/29/18 7,010,010 6.00$ 42,060.06$ 4/29/2018-4/29/19 8,104,710 6.00$ 48,628.26$ *(Softball and Baseball fields added for comparison) North Lakes Softball (Fields 1-6) Year Actual Usage (gal)Rate per 1K gal Total Cost 4/29/2017-4/29/18 2,608,520 6.00$ 15,651.12$ 4/29/2018-4/29/19 3,020,390 6.00$ 18,122.34$ Evers Park (Fields 1-11 and common areas) Year Actual Usage (gal)Rate per 1K gal Total Cost 4/29/2017-4/29/18 4,406,330 6.00$ 26,437.98$ 4/29/2018-4/29/19 4,210,440 6.00$ 25,262.64$ Irrigation Expenses + Maintenance =$127,117.26 Cost Estimate does not include the following:Solid Waste Fees Irrigation Parts Electrical Parts Plumbing Parts Equipment Costs Misc. Parts North Lakes Soccer Field Maintenance ORDINANCE NO.AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON SOCCER ASSOCIATION PERTAINING TO CONSTRUCTION, OPERATION AND USE OF A NEW BUILDING AT THE NORTH LAKES SOCCER COMPLEX; AND PROVIDING AN EFFECTIVE DATE.WHEREAS, the City is the owner and operator of a municipal park known as North Lakes Park which is located in the City of Denton, Denton County, Texas (the " Park"); and WHEREAS, the Denton Soccer Association (the "Association") provides a valuable public parks and recreation service by providing youth soccer activities for the citizens of the City; and WHEREAS, the City's Park and Recreation Department has a long standing relationship with the Association in coordinating such youth soccer activities to obtain the maximum benefit for the recreational needs of the citizens of the City; and WHEREAS, the Association has offered to build and operate, at its own expense, a building atthe Park's soccer complex to be used jointly by the City and the Association to provide parks and recreational services to the public; and WHEREAS, the City and Association desire to enter into a Lease Agreement in substantially the same form as the agreement attached hereto and made apart hereof by reference the " Agreement"); and WHEREAS, the City Council finds that the Agreement is in the public interest; NOW,THEREFORE,THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference.SECTION 2. The City Council of the City of Denton hereby approves the Agreement and authorizes the City Manager, or his designee to execute it on behalf of the City of Denton and to carry out theCity's rights and duties under the Agreement including the expenditure of funds provided for in the Agreement.SECTION 3. This ordinance shall become effective immediately upon its passage and approval.PASSED AND APPROVED thistheday of2003. LEASE AGREEMENT FOR CITY PARK FACILITIES This agreement is made and entered into by and between the City of Denton, Texas, a home rule municipality (the "City"), and Denton Soccer Association, a Texas non-profit corporation (the "Association'), as of the Effective Date as hereinafter provided. WHEREAS, the City is the owner and operator of a municipal park known as North Lakes Park which is located in the City of Denton, Denton County, Texas (the Park"); and WHEREAS, the Association provides a valuable public parks and recreation service by providing youth soccer activities for the citizens ofthe City; and WHEREAS, the City's Park and Recreation Department (the "Department") has a long standing relationship with the Association in coordinating such youth soccer activities to obtain the maximum benefit for the recreational needs of the citizens of the City; and WHEREAS, the Association has offered to build and operate, at its own expense, a building (the "Building") at the soccer complex at the location shown on Exhibit "A" attached hereto and made a part hereof by reference (the `Building Area") to be used jointly by the City and the Association to provide parks and recreational services to the public; and WHEREAS, the City and Association have entered into this Agreement to set forth the terms and conditions of the construction, operation and use of the Building; Now, therefore, in consideration of the mutual covenants contained herein the sufficiency ofwhich is hereby acknowledged, the parties agree as follows: 1. Lease Term. Subject to the terms and conditions contained herein, the City leases to the Association the Building Area for a term of 30 years commencing on the Effective Date (the "Primary Term"). After the Primary Term the Association at its option may lease the Building Area for two successive 10 year terms on the same terms and conditions as the Primary Term. In order to exercise its option the Association is not required to take affirmativeaction; however, if the Association does not desire to exercise its option, written notice of such intent not to exercise its option must be given to the City at least 90 days prior to the expiration of the Primary Term or ten 10 year extension, as the case may be. After the Building is constructed the Building Area shall be reduced to the size of the foot print of theBuilding.2. Consideration. The consideration for the lease shall be as follows: sale, or to assignment, transfer, or sale by operation of law in any manner, and any attempted involuntary assignment, transfer, or sale shall be void and of no effect. Without limiting the foregoing, in the event of an involuntary assignment, transfer, or sale or in the event a bankruptcy proceeding is commenced by or against the Association, such event or events shall constitute a breach of this Agreement by the Association, and at the election of the City, this Agreement and all of the Association's rights therein may be terminated. 12. Default. If the Association shall fail or neglect to observe, keep, or perform any ofthe covenants, terms, or conditions contained in this Agreement on its part to be observed, kept, or performed, and the default shall continue for a period of 90 days after written notice from the City to the Association setting forth the nature of the Association's default, then and in any such event, the City shall have the right at its option, on written notice to the Association, to terminate this Agreement and all of the Association's rights therein shall then cease. The City, without further notice to the Association, shall have the right to enter and take possession of the Building and the Building Area with or without process of law and to remove all personal property and all persons occupying the Building and the Building Area to the end that the City shall have exclusive possession of the Building and the Building Area. In addition, the City shall be entitled to any and all other remedies available to it in law or in equity which remedies shall be cumulative. 13. Early Termination by Association. After completion of and final acceptance of the Building by the City, the Association shall have the right to terminate this Agreement with 90 days advanced written notice to the City. As of such termination date, the Association shall not longer be responsible for any terms or conditions of the Agreement. Notice of termination does not constitute a default of this Agreement. After termination of this Agreement it is the City's intent to continue to use the Building for soccer and related park and recreation activities. 14. Notices. All notices, demands, or other writings in this Agreement provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed fully given or made or sent when made in writing and deposited in the United States mail, certified mail, return receipt requested, or when received via facsimile at the addresses or fax numbers set forth below: TO ASSOCIATION: President Denton Soccer Association P.O. Box 184 Denton, Texas 76202-0184 Fax No.: TO CITY: City Manager City of Denton Denton City Hall 215 E. McKinney Page 6 CITY-0PnE17WN, TEXASMichael A. G City Manager ATTEST:JENNIFER WALTERS, CITY SECRETARY BY:APPROVED AS TO FORM:HERBERT L. BI~OUTY CITY ATTORNEY BY:DENTON ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this 0day of , 2003 by Michael A. Conduff, City Manager ofthe City ofDenton, Texas, on 166halff said city. zv~ ES-1."'o-1-JN xas es C• No y Public in and for the State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON ih This instrument is acknowledged before me, on this AT dayof 2003 byJane Malone, President of the Denton Soccer Association, on behalf said Association.NotaryPublicin d for the Exhibit A North Lakes Park Denton Soccer Association Building Playing Fields To Bonnie BraeParking Foot ball 1 Soccer 13 Foot ball 3 Soccer 15 Pavilion L EWI Foot ball 2Soccer 14 Soccer Soccer3 Soc Soc Soc 1 1 [ 5 7 9 Soccer 2 Soccer 10 78J Soc 4 6 Proposed DSA i - - Office/ Concession/ Restroom BldgN,kr. g soft!