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12-13-2004 (Parks & Recreation) Agenda Packet NOTICE OF MEETING WYLIE PARKS AND RECREATION BOARD AGENDA Monday, December 13, 2004 6:30 p.m. Wylie Municipal Complex—Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO ORDER CITIZENS PARTICIPATION Sports League Representatives,for the Wylie Sports Forum 2004 INDIVIDUAL CONSIDERATION Minutes from the November 29, 2004 meeting were not completed prior to this scheduled meeting. The minutes from November 29,2004 and December 13,2004 will be brought to the Board for review in January 2005. I.LJSSION ITEMS Wylie Sports Annual Forum 2004(Discussion panel with sports league representatives). 2. Park naming for Sage Creek North and Cimarron Parks. 3. Staff update of Parkside Development from the Parsons Group. 4. Staff update on current park development projects-Olde City,Sage Creek North and Cimarron Parks. ADJOURNMENT In addition to any specifically identified Executive Sessions,the Parks and Recreation Board may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should the Parks and Recreation Board elect to convene into Executive Session;those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 24th day of November, at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TDD72/442-8170. CITY OF WYLIE Item No. I Staff Use Only PARK BOARD AGENDA ITEM MEETING FOR: Regular x Meeting of: December 13, 2004 Other: Department: Park and Recreation Prepared By: Robert Diaz Date Prepared: December 9, 2004 Exhibits: Wylie Sports Forum 2004 letter/agenda AGENDA SUBJECT: Wylie Sports Annual Forum 2004(Discussion panel with sports league representatives). RECOMMENDED ACTION: N/a SUMMARY: With the end of the Wylie Sports Association(WSA) in 2003, each sports league in Wylie has operated independently from one another. Each league has a separate board and has its own rules and regulations for —..operations. The WSA also acted as a liaison between the City and the leagues in regards to league/City issues. .due to the fact that the WSA no longer exsists it seems now appropriate to have an organized forum for the sports leagues and the City to maintain an active dialogue. Staff works with each league to coordinate field usage, policies/procedures, and general facility issues but it does not discuss long term strategies and goals with the leagues. The WSA coordinated long term goals with the leagues, the result being Founders Park and the numerous changes to Community Park. The Wylie Sports Annual Forum is being established in order to bring league representatives, staff, and the Parks and Recreation Board together to discuss a myriad of issues i.e. field usage and concessions. Hopefully this meeting will be a successful beginning to bring the goals of all involved into focus. Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. CITY OF ,cvYLIE City of Wylie � Ft � December 1, 2004 Dear League and Concession Representatives: I am writing to invite you to the first Wylie Sports Annual Forum, a joint meeting with the Wylie Parks and Recreation Board on Monday, December 13 at 6:30 p.m., Council Conference Room, Wylie Municipal Complex, 2000 Hwy. 78 North. This will be an opportunity for league/concession representatives, Board Members, and staff to discuss issues concerning youth and adult athletics. My wish is to have this meeting become an annual event creating a better dialogue between the City and the sports leagues. I am attaching an agenda covering the topics that need to be addressed, please bring questions/topics that you might have. Please RSVP with me by Friday, December 10 so I know whom to expect at the meeting. Due to the limits in space and time for the meeting please limit the number of representatives you send to no more than two. These representatives can then report back to your appropriate league representatives. If you have any questions let me know, thanks. Robert Diaz Assistant Superintendent Parks and Recreation Department 972-442-8197 office rdiaz@ci.wvlie.tx.us CITY OF WYLIE Item No. 'li Staff Use Only PARK BOARD AGENDA ITEM • "MEETING FOR: Regular x Meeting of: December 13, 2004 Other: Department: Park and Recreation Prepared By: Robert Diaz Date Prepared: December 9, 2004 Exhibits: Park Naming Policy AGENDA SUBJECT: Review and discuss the park naming for Sage Creek North and Cimarron Parks. RECOMMENDED ACTION: N/a SUMMARY: Staff would like to begin the process for naming Sage Creek North and Cimarron Parks in order to determine the names for permanent signage for these parks. The Park Naming Policy is included in the packet for Board —Members to review the process for naming these facilities. No names will be voted on at this meeting, staff is recommending discussions begin now on how these facilities will be named with the goal they can be named by the end of 2004. Per recommendations at the last Board meeting staff is pursuing having WISD schools assist the Board in naming Cimarron Park and Sage Creek North Park. In order to maintain the spirit of the established park naming policy, staff is recommending to the Board that they establish the names to be chosen by the students at both Akin Elementary and Groves Elementary respectively. The following is a list of names brainstormed by staff for each park site: Sage Creek North: Creek Trails Park Woody Trails Park Wooded Trails Park Hidden Trails Park Riverway Park �.J Cimarron Estates: —C--imafrearEIETETPark � Cimarcen-Iy� boyhood Par> _The Lakes-Park Staff is suggesting that the Board discuss the list of names at the November and December meetings, finalizing the list in January. Staff will then forward the names to both Akin and Groves Elementary schools to get their final vote. Staff will bring back the final nominations at the February meeting for a vote. The nominations will nen be forwarded to the City Council for as soon as possible for a final vote. At the November 29, 2004 meeting the Board asked the staff to pursue more historical names for Cimarron Park. The Board was fine with the list for Sage Creek North Park. The following are some historical names that staff has researched: `11 U,,47t1 B4, N - Gallagher Family C�. y Housewright F> Kreymer Eureka—name of the settlement on the southeast part of Wylie from the mid-1800's Former Mayors -John W. Akin Jr. (Akin Elementary is named for P.M. Akin) Numerous names can be pursued,these seemed most appropriate to the area or had significance in Wylie history. Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. CITY OF WYLIE PARKS AND RECREATION DEPARTMENT PARK AND PARK FACILITY NAMING POLICY POLICY ADMINISTRATION 1. The park and recreation board ("board"), will be responsible for recommending a name for municipal parks and park facilities. 2. The board shall be responsible for research, study and recommendation of a proposed name to the city council. Rationale for the recommended name shall be given in writing and accompany the recommendation. 3. The recommended name will be forwarded to the city council for its consideration and approval. 4. Municipal parks and park facilities shall be named immediately prior to or during development, generally not later than 60 days after acquisition or commencement of construction or at the earliest possible date. 5. A park name or park facility name may be changed no more frequently than once every ten years. II. GUIDELINES FOR NAMING MUNICIPAL PARKS AND PARK FACILITIES 1. Names of municipal parks and facilities should be familiar to the majority of citizens, easy to recall, unique and lasting. 2. The following guidelines are listed in order of importance. Municipal parks and facilities shall be named: a) By outstanding and/or predominate physical characteristics of the land such as: 1. Those naturally occurring, such as forested areas, streams, rivers, lakes and creeks; 2. Manmade features such as subdivisions, streets, office/industrial or commercial complexes; 3. Landmark significance, such as an identifiable manmade or naturally occurring monument; 4. Historical significance, such as the names of early residents or citizens and/or a significant event. b) In honor of a living or deceased national, state, or community leader. c) Based on the activity, event, or function of the land. CITY OF WYLIE Item No. 2)J LA Staff Use Only PARK BOARD AGENDA ITEM MEETING FOR: Regular x Meeting of: December 13, 2004 Other: Department: Park and Recreation Prepared By: Robert Diaz Date Prepared: December 9, 2004 Updated site plan for Parkside Exhibits: Development AGENDA SUBJECT: Review and discuss the following- 3. Staff update of Parkside Development from the Parsons Group. 4. Staff update on current park development projects-Olde City, Sage Creek North and Cimarron Park RECOMMENDED ACTION: N/a —SUMMARY: Staff will update the Board on the Parsons Group (Brand Tract-Lake)project and the status on park development projects (Olde City, Sage Creek North, Cimarron Parks). Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. Illr . TARP RANCH PHASE I 100 I W 0 200 Alb D®ORAN 2 NUIGAHY SCALE:t 200' 0,00732E2 1 1 -__-j 1 I 1 1 I ' Ntun ,' THOMAS HANNERHZ -i ODES cuss PST E2-00N190 • PHASE 0 la 444: 1. lis -- IN le ��o o\l �-00H.-O�1© ,a J L )BANGLE R WELLS WOODED CREEK ESTATES fir}e,N[r EN.. 9° Open Space IS.TE.S Acres WEE C.0.PD.P2.IJf2 ] I s g°'t• 1n rn I„r rr,v w © in 43.76 Acres 1,..w� Qm LAILF7ELD DRf`1E �\ _ __ _��__. II `` �AI Lt.Ddd r .. �I 4 Is I 1 v�w,-'�� LAKESIDE ESTATES Rlds.wl CL r w I EMMA���®m I 110 AWA' s\ 41% PHASE R e \ GE M,P[.II C _J I —tYrYlwn�-6evrt�-- -_ a©oo©ooaa© <5 LAKESIDE ESTATES _. I y m r-.1 N -1111111©©11�©1_ PHASE DI • L_—_O.+ar.f--0r^^—_-- —I ��• 6G N Pa 909 - - I N NI Al , . . n p0000�� 'i DEVELOPMENT PLAN/PRELIMINARY PLAT 1I II r�r n R OF DARTPAc _________ "1- �- S u�w - PARKSIDE - OUT OF THE F. M. 544 MOSES SPARKS SURVEY, ABSTRACT NO. 849 IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS SCALE Y=200' DATE VOA 100.0048 Acres OWNER - PARSONS - WARNER. 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Thi--4. , _:. ) crik , H , —1i,c,,,, bf --;\ 1/4/k-/ ? \ +-1 -- 4ridat t',L/tk C - 1- c, (A _..--,- , ( tztbiLi,,e, 1 tsrd\it) 111/1 --- 144 .114 L1Ta)d,( - c 11 [1/4-41/4-csc. •1-1, ty,k-t; g4i-t-ii-s:LL.- 11 , , •,---(A,,4 6k trudit: 1 1 11 C--e• A 1 i IL .,.,,, -x„e-0-1,- -- -1/-47A}i. -4-1,(,,,A ----z> — Ct._ (,,,,x,,,,_ „ - , J-, T . , , . ,,... II li Th Ccti ) .._.---. 14L-diazi — — ----- 119ukt-3 vicio )lidij-‘3 e_1/ t 1, - 6' iti_64, 4-i), .,44,, iki-L - ce s - I - ,Ata4 V wk, Y\e (, s t,yillik...L4L, erisaA,t. st 6(.,;"--4,".1' lA) -.......___ „p i ..„/ i i _ex& - Agenda Wylie Sports Annual Forum 2004 December 13, 2004 I. Jeview Current Athletic Policies and Procedures ,� Athletic Field Policy VB. Athletic Fee Ordinance -vt. Athletic Field Sign Policy va. Athletic field usage (Field Conditions Policy) II. Concession Policies A. Current contract topics B. Requests for Proposals C. Pepsi Scoreboard Contract 1 1III. Athletic Field Scheduling A. Community Park parking/restrooms B. Founders Park usage IV. Future Park Development V. Texas Amateur Athletic Federation (T.A.A.F.) A. General Information B. Youth Sports Coach's Certification Program VI. Open Discussion Athletic Field Policy City of Wylie Parks and Recreation Department This policy is to be administered by the City of Wylie Parks and Recreation Department(C.O.W.P.A.R.D.)in regard to the use of outdoor public recreation areas for athletic activities. The purpose of this policy is to serve as a guide for the comprehensive and effective usage of outdoor athletic areas owned,leased,scheduled or otherwise controlled by the City of Wylie Parks and Recreation Department. It is the intent of this policy to provide a basis for establishing the following objectives: 1) A method of communicating the available inventory of allocatable athletic facilities to qualified requestors for usage of such facilities. 2) The implementation of a system of facilities allocation producing results most beneficial to those persons living within the City of Wylie city limits and those living within the boundaries of the Wylie Independent School District(W.I.S.D.) 3) The Athletic Field Policy is by the terms a guideline for the use and operation of the athletic facilities, and as such the terms and provisions are necessarily subject to same variance and deviation. Provided, however,that any such variance shall be allowed only on the written approval of the Superintendent or Assistant Superintendent of Parks and Recreation,and such written approval shall be effective if all of the following conditions have been satisfied: A) The effect or result of the requested variance will not result in allowing any actions or activities which are in conflict with the spirit and intent of the general purpose of the policy; B) There is not sufficient time to bring the issue before the Park and Recreation Board and City Council for approval;and C) The variation is approved by the City Manager or his or her representative. Sport Season Season Sport Spring Soccer Third week in January through last weekend in April Spring/Summer Baseball/Softball March 1 though July 31 Fall Soccer Third weekend in August through last weekend in November Baseball/Softball August 1 through third weekend in November Football Third week in August through last weekend in November Winter None Athletic Field Allocation Individuals,organizations or groups requiring facilities for practice and/or league games shall submit their request in writing to the C.O.W.P.A.R.D.not earlier than 60 days nor later than 30 days prior to the beginning of the Sport Season. Any request less than 30 days before the beginning of the Sports Season may be accommodated if all others who met the 60/30-day requirement field needs have been met and fields are still available for play. All requests shall address the following: 1) Individuals/Organization/Group name 2) Starting and ending dates for practice and league play 3) Day(s)of week,time(s)and field(s)being requested. 4) Participation estimates P.2 Field allocations will be based upon total game units per week as per available in order to maximize use of all facilities. The C.O.W.P.A.R.D.will respond to each request with a written approval,denial or statement of conditions to be met upon acceptance of approval. Final registration estimates and current participant registration figures must be submitted by each approved individual/organization or group two(2)calendar weeks after the start of the specific sport season. If actual registration numbers are more/less than the registration numbers,the C.O.W.P.A.R.D.may increase/decrease the individual/organization's or group's field allocations in order to insure an equitable allocation of fields to all individuals/organizations/or groups. Athletic Field Reservations Athletic fields will be reserved as equitably as possible to accommodate as many individuals,organizations,or groups as possible. Youth who live in the City of Wylie city limits or reside within the boundaries of the W.I.S.D. will be given first priority on field scheduling in all sports. Youth will have priority over softball/baseball fields March 1 though July 31 and August 1 through the third weekend in November on Monday,Tuesday,Thursday, Friday and Saturdays. Adult teams with at least 70%of the players living or working within the City of Wylie city limits or within the boundaries of the W.I.S.D.will be given second priority. Adults will have priority over softball/baseball fields March 1 through July 31 and August 1 through the third weekend in November on Wednesdays and Sundays. Youth and/or Adults who live outside the City of Wylie city limits or boundaries of the W.I.S.D.will be given last priority. Note-all league rosters shall be given to C.O.W.P.A.R.D.staff no later than two(2)weeks after the start of a new sport season.Rosters shall include sport played and participant name/address. The use of athletic fields by the general public during non-reserved/non-City maintenance times are on a first come first serve basis. Reserved fields/City maintenance will take priority over non-scheduled activities. The C.O.W.P.A.R.D.will be the final authority as to athletic field reservation use. Athletic Field Reservation Time Slots Athletic Fields will be reserved in one(1)hour increments with the first usage beginning at 8:00 a.m.and the last usage ending at 12:00 midnight,Monday through Saturday. Sunday field usage begins at 12:00 noon and ends at 11:00 p.m. Miscellaneous Refer to Ordinance 2002-10 for all Athletic Field Fees. The C.O.W.P.A.R.D.will provide home plate,pitching rubbers,and will drag and mark baseball/softball infields for a fee paid game/tournaments reservations. Soccer fields will be marked for fee/paid game reservations. Athletic fields for non-reserved general public use or reserved practices are accepted on an as-is basis. A person may cancel a field's reservation up to 24 hours prior to the field reservation and be issued a credit or refund. If less than 24 hour notice of cancellation is received,a credit or refund will be issued if the C.O.W.P.A.R.D. is able to rent the athletic field(s)to another party or if field maintenance preparation of the reservation has not started. This paragraph does not apply to Tournament use. (See Athletic Field Reservation for Tournament use) Any and all athletic field use may be canceled by the C.O.W.P.A.R.D.due to weather conditions,wet field conditions or for necessary maintenance. If a reservation is canceled by the C.O.W.P.A.R.D.,a credit or refund will be issued. It will be the responsibility of the C.O.W.P.A.R.D.to determine the playing ability of each field. Athletic field information will be placed on the C.O.W.P.A.R.D.Athletic Hotline no later than 4:00 p.m. (during playing seasons only),Monday through Friday. The Athletic Field Hotline Number is 972-442-8199. In the event of said conditions occurring after 4:00 p.m.,Monday though Friday or all of Saturday and/or Sunday, league officials,commissioners,or the umpires can cancel games. In the event that play is allowed and significant damage is done to the athletic field(s),the responsible person/party who allowed play will be held responsible and sanctions may be imposed. P.3 Any and all parties seeking athletic fields for use accept responsibility for the well being and cleanliness of facilities during and after their use. A tournament is defined as a team competition involving the payment of an entry fee or additional fees in which to participate and is separate and distinct from league play. Pre or post season league play shall not be considered to be a tournament. League practices and/or games shall take priority over tournaments. A curfew of 12:00 midnight shall be imposed on all tournaments utilizing lights,Monday through Thursday,and 1:00 a.m.on Friday and Saturday. A curfew of 11:00 p.m.shall be imposed on Sundays. ORDINANCE NO. 2002-10 AN ORDINANCE AMENDING FEE ORDINANCE 2001-03, SECTION 42; CONTAINING A SEVERABLITIY CLAUSE AND PROVIDING AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: The Code of Ordinances of the City of Wylie be amended as follows: SECTION 1 Section 42.01. Athletic Field Reservation Fee. A fee of$4.00 per person, per sport season, for individuals/organizations or groups will be charged for the use of reserved athletic fields. Section 42.02. Tournament Fee. A tournament is defined as a team competition involving the payment of an entry fee or additional fees in which to participate and is separate and distinct from league play. Pre or post season league play shall not be considered to be a tournament. League practices and/or games shall take priority over tournaments. A curfew of 12:00 midnight shall be imposed on all tournaments utilizing lights, Monday through Thursday, and 1:00 a.m. on Friday and Saturday. A curfew of 11:00 p.m. shall be imposed on Sundays. Requests for athletic fields for tournament use shall be made in writing. The C.O.W.P.A.R.D. requires twenty-one (21) day advance notice. The price per field reservation fees are as follows: 12 hours of use= $100.00 16 hours of use= $130.00 20 hours of use= $160.00 24 hours of use= $200.00 A security deposit of$50.00 per reserved field shall be paid at least seven(7) days in advance of the scheduled tournament. The deposit(s) shall be credited toward any monies due for said tournament, with any remaining monies due payable before scheduled tournament begins. All monies paid will not be refundable unless a field or fields are not playable due to weather conditions,wet field conditions, or for necessary maintenance. If a field or fields are not playable due to said conditions, a refund or credit will be given. The City of Wylie Parks and Recreation Department shall be the final authority as to athletic field use. Pre or post season league play shall not be considered to be a tournament. Section 42.03. Athletic Field Light Fee. A fee of$8 per hour per field shall be charged for reservations in which lights are utilized. Reservation sessions vary through the course of a calendar year to coincide with sunset. The City of Wylie Parks and Recreation Department shall determine the reservation sessions. The following schedule approximates the availability of reservation sessions: February 5:00 p.m. - 12:00 a.m.* March 1-15 5:30 p.m. - 12:00 a.m.* March 16-31 6:00 p.m. - 12:00 a.m.* April 7:00 p.m. - 12:00 a.m.* May 7:30 p.m. - 12:00 a.m.* June/July/August 8:00 p.m. - 12:00 a.m.* September 1-15 7:00 p.m. - 12:00 a.m.* September 16-30 6:30 p.m. - 12:00 a.m.* October 1-15 6:00 p.m. - 12:00 a.m.* October 16-31 5:30 p.m. - 12:00 a.m.* November 5:00 p.m. - 12:00 a.m.* Athletic Fields will be reserved in one(1)hour increments with the first usage beginning at 8:00 a.m. and the last usage ending at 12:00 midnight, Monday through Saturday. *Sunday field usage begins at 12:00 noon and ends at 11:00 p.m. Said fees will be billed in arrears except for one(1)time field usage,which shall be payable in advance. Section 42.04. Athletic Field Marking/Chalk Fee. (For the Spring 2002 season only) All fees for athletic marking/chalk usage on any athletic field(s) (except baseball/softball tournament use) shall be split 50/50 between the City of Wylie Parks and Recreation Department and those reserving a field. Marking Fees as of December, 2001: Baseball/Softball $4.00 per field per marking Soccer $5.00 per field per marking Football Currently none, fees will be determined when needed Chalk cost $1.85 per bag All above fees already take into account the 50/50 split between the City of Wylie Parks and Recreation Department and those reserving a field(s). Any special markings above and beyond accepted standard markings shall be subject to an additional charge due to extra labor/chalk costs and shall need to be agreed upon between the City and those requesting special markings. Said fees will be billed in arrears except for one (1)time field usage, which shall be payable in advance. Beginning with the Fall 2002 season all sports leagues shall be responsible for contracting or performing their own chalk services. The City of Wylie will no longer contract chalking services or purchase chalk for any sports leagues within the City of Wylie. The C.O.W.P.A.R.D.reserves the right to approve the type of chalk used,date,time,and location of chalking by said contractor or sports league on any C.O.W.P.A.R.D. maintained property within the City of Wylie. All sports leagues shall also be responsible for providing their own bases by the Fall 2002 season. Section 42.05. Light Key Fee. Only persons authorized by the appropriate leagues or by the C.O.W.P.A.R.D. shall be issued keys for the athletic fields. Persons checking out light keys shall sign a written agreement providing name/address/phone number, organization name, date given key,return date of key, and signature. A deposit of$100 will accessed for each key. The $100 deposit will be deposited; checks will not be held. Keys shall be returned no later than 2 weeks following the end of scheduled play(unless otherwise indicated by the C.O.W.P.A.R.D.). If keys are not returned within the 2-week period or are lost the deposit monies will be forfeited to the City of Wylie. Section 42.06. Receipt of payment and Late payment regarding all usage fees. All fees, except those for tournament use, shall be due within twenty-one (21)days after the start of game play (athletic field reservation usage fee) or statement date (athletic field light usage fee, athletic field marking/chalk usage fee). If said fees are not paid within twenty-one (21) days, an additional charge of ten(10)percent of the original balance due shall also be levied. Note that chalking fees will not be charged beginning in the fall of 2002. If the original balance due plus the ten(10)percent additional charge is not paid with thirty(30) days, field use privileges are subject to being denied until all monies due are paid in full. The City of Wylie Parks and Recreation Department shall issue a receipt at the time usage fees are paid. This receipt shall contain the following: 1) individual's/organization's/group's name 2) team sport/sport season 3) The day(s), time(s)and field(s)being reserved or 4) number of participants or 5) the date(s) and hour(s) of light usage or 6) the date(s)of marking(s) and chalk used 7) amount paid The City of Wylie Parks and Recreation Board will review all fees yearly. SECTION 2 Any person violating the provisions of the Fee Schedule, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in section 1-9, therein, as the same now exists or is hereafter amended and shall not be allowed the permit,privilege or license to which the fee pertains. SECTION 3 This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 4 The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under the virtue of such ordinance; not shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, not as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of April, 2002. By: John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary CITY OF WYLIE PARKS AND RECREATION DEPARTMENT ATHLETIC FIELD SIGN POLICY I. POLICY ADMINISTRATION 1. The Park Superintendent, or designee, shall have the responsibility for administering the Athletic Field Sign Policy. 2. Under the direction of the Park Superintendent, only not-for-profit organizations or charitable groups shall be permitted to install signs on the athletic fields. 3. All requests to install signs must be submitted via a completed Sign Permit form available from the Park Superintendent. Proof of not-for-profit status must accompany the request. 4. No signs shall be installed without the approval, via a signed permit, of the Park Superintendent. 5. Signs shall be installed only in the location(s) designated by the Park Superintendent. 6. Sign permits will be issued on a first come first served basis. II. SIGN SPECIFICATIONS 1. Signs shall be one of two sizes: 8' x 4' (+/- 4 inches) or 4' x 4' (+/- 4 inches). Any deviation of these sizes must be approved and noted on the sign permit by the Park Superintendent. 2. Signs shall be professionally constructed of corrugated plastic or vinyl banner and professionally lettered with vinyl lettering and/or symbols. Any deviation of the material of construction must be approved and noted on the sign permit by the Park Superintendent. III. MOUNTING SPECIFICATIONS 1. Signs shall be constructed with at least four, corrosion-resistant metal grommets, one in each corner, of sufficient size and strength to allow for mounting by either cotton rope, vinyl rope, plastic wire ties, or other soft, corrosion-resistant material. Signs and all mounting hardware shall be installed and removed by the Permit Holder. 2. The bottom of all signs shall be no closer than two inches above the bottom of the fence to allow for maintenance operations of the athletic fields. All mounting procedures shall be performed in a professional workmanlike manner, and the sign shall be level and plumb. 3. No nuts, bolts, metallic, wire, or sharp fasteners or protrusions shall be allowed, and excess mounting material must be trimmed to a length of less than one inch after being securely fastened. Any deviation of the mounting specifications must be approved and noted on the sign permit by the Park Superintendent. IV. DISPLAY PERIOD 1. Signs shall be displayed only during the dates specified on the sign permit. No signs shall be installed or displayed at any other time. V. DAMAGED SIGNS 1. Any sign that is damaged, vandalized, or not properly maintained shall be removed immediately by the Park Superintendent, and the Permit Holder shall be notified to retrieve the sign. Any sign not retrieved within five business days after notification shall be properly disposed of by the Park Superintendent. CITY O F AWY L I E Request for Proposal Concessionaire Services The City of Wylie is soliciting competitive proposals until 5:00 P.M., Friday, January 24, 2003 to provide for a contract for concessionaire services at the City of Wylie's Community Park and Founders Park. The successful applicant will be awarded concession rights for food and beverage vending during all athletic events at these locations. The contract period is from February 1, 2003 to February 1, 2005 with an option to renew at the discretion of the City. The City reserves the right to reject any or all proposals and to accept the proposal that is in the best interest of the City. General Provisions As per the submitted proposal, the vendor agrees to pay the City, on a monthly basis, a percentage share of the gross receipts, after sales tax deduction, for food and beverage sales. It is further agreed that an audit procedure will be established to verify gross receipts. As per section 78-150 of the Code of Ordinances, the vendor does not have exclusive rights to sell goods at the locations. Other fund raising activities may occur throughout the contract period. The City agrees to: 1. Provide all necessary facilities, utilities, and trash disposal service. 2. Provide one permanent concession stand at Community Park with an ice machine, sink, two beverage coolers, and one concession trailer. 3. Provide one concession trailer for use at Founders Park. The vendor agrees to: 1. Provide all food and beverage items to be sold. All beverages shall be purchased in conjunction with the City's contract with the Pepsi Bottling Group (PBG). Vendors shall sell only PBG beverage products at Community and Founders Park. A current product price list (per case) for PBG products is included with this RFP. 2. Provide all food processing equipment with the exception of those items provided by the City. 3. Provide all necessary supplies, such as napkins, cups, utensils, food containers, and cleaning supplies. 4. Perform all food preparation and sales functions with adequate, capable, and competent staffing. 5. Maintain hours of operation in accordance with the schedule provided by the City. 6. Comply with all health inspection requirements and obtain all necessary permits, training, education, food handlers' licenses, etc. as required. (The City will waive permit fees). 7. Operate and maintain the concession facilities and all City equipment in a clean and sanitary manner to the satisfaction of City staff. 8. Be responsible for the collection and payment of all sales taxes. 9. Provide documentation and proof of insurance. Criteria for Evaluation of Proposals Proposals will be evaluated by City staff and awarded a maximum total of 100 points according to the following schedule: 1. The quality and variety of submitted food and beverage items to be sold at the locations (30 points). 2. The submitted retail price (including sales tax) of food and beverage items to be sold (25 points). 3. The percentage share of gross receipts, after sales tax deduction, to be paid to the City of Wylie on a monthly basis (20 points). 4. The vendor's verifiable past experience in the concession business and verifiable references (15 points). 5. Accuracy, thoroughness, and completeness of vendor's RFP submittal (10 points). Deadline for Submittal of Proposals The deadline for receipt of sealed proposals is 5:00 P.M., Friday, January 24, 2003. Sealed proposals may be mailed to or delivered to the following address: City of Wylie 2000 Highway 78 North Wylie, TX 75098 ATTN: Michael Sferra, Director of Development Services A postmark date does not guarantee acceptance of the submittal. Proposals must actually be delivered to the above address by the deadline in order to be considered. Any proposal received after the deadline will be rejected. Please contact Robert Diaz, Assistant Superintendent of Parks and Recreation, at 972- 442-8197 if you have any questions about the RFP. CITY OF /Yl I E Proposal I. Complete the following: The vendor agrees to pay to the City a percent share of the gross receipts after sales tax deduction for food and beverage sales. It is further agreed that an audit procedure will be established to verify gross receipts. Payment to City shall be on a monthly basis at a date agreed upon by the vendor and the City. II. List and describe all proposed food and beverage items to be sold including the size and quantity (i.e. 12 oz. drink/4 oz. hamburger), brand(s), and selling price, which includes sales tax. Include photos or graphic depictions of items if available. Attach additional sheets as necessary. Description Price Ill. Describe past experience in the food concession business including dates, locations, and current contact names and phone numbers for whom you have provided similar services. References will be checked and verified by City staff. Attach additional sheets as necessary. IV. Describe proposed staffing levels. Include number of employees available to staff each location, minimum age of all employees, previous experience of all employees, credentials and licenses held by all employees (attach copies), employee wages, etc. Vendor Name/Address/phone number(s): Vendor Signature: (Date) AGREEMENT BETWEEN BOTTLING GROUP LLC AND THE CITY OF WYLIE This AGREEMENT (hereinafter referred to as the"Agreement") is made as of this day of June 2001 (the "Effective Date") by and between the City of Wylie, Texas, with its principal place of business at 2000 Highway 78 North,Wylie, Texas 75098 (hereinafter referred to as"City")and Bottling Group, LLC d/b/a The Pepsi Bottling Group with its principal place of business at One Pepsi Way, Somers, New York 10589 and with an office at 4532 Highway 67, Mesquite,Texas 75150(hereinafter referred to as"PBG"). WHEREAS, City has the exclusive rights to the use of the Premises (as defined below) and to obtain sponsorships for the Premises and arrange for the provision of soft drinks on the Premises;and WHEREAS, City wishes to have the promotional sponsorship of PBG at the Premises and in the areas referenced in this Agreement and further wishes to have the products of PBG promoted and sold at the Premises;and WHEREAS, PBG wishes to identify itself with the Premises and to have its products promoted and sold at the Premises and further wishes to receive the other promotional benefits provided for by City in this Agreement. NOW, THEREFORE, in consideration of the terms, covenants and conditions herein contained,and the other mutual promises set forth herein,the parties agree as follows: I. DEFINITIONS. A. "Agreement Year" means each and every consecutive twelve (12) month period during the Term beginning with the Effective Date. B. "Approved Cups"means disposable cups approved by PBG from time to time as its standard trademark cups and/or other disposable and non-disposable containers approved by PBG and/or other disposable cups which do not bear,display or contain the trademarks or service marks of a Competitive Product or its manufacturer. C. "Beverage" or "Beverages" means all carbonated and non-carbonated, non- alcoholic drinks, including but not limited to,(i)carbonated soft drinks; (ii)fruit juice; (iii)coffee drinks; (iv) ready to drink tea and ready to drink coffee; (v) hypertonic, isotonic and hypotonic drinks (sports drinks, energy and fluid replacements); and (vi) bottled or canned water whether carbonated or still(spring,mineral or purified). D. "Case" means twenty-four (24) bottles of 20 oz. Product purchased by the City from PBG. E. "Competitive Products" means any and all Beverages other than the Products. 1 F. "City Marks" means (i) the "Designations" (as defined below) and (ii) City's characters, colors, emblems, designs, identifications, logos, mascots, name, service marks, symbols, trademarks, all trade names, uniforms and other proprietary designations which are owned, licensed to or controlled by City and which relate to City and which are in existence on the Effective Date or which will be created during the Term. G. "Designations" shall include but not be limited to the following: "Official Soft Drink of the City of Wylie." H. "Premises" means all facilities owned, operated, leased, rented or controlled by City, including, but not limited to, all concession locations (including those operated by youth athletic associations)and all vending locations. (Excluding exisitin`,or future tire stations) I. "Products" means any and all Beverage products bottled, sold or distributed by PBG. J. "Scoreboard Funds" shall mean the fees to be paid by PBG to City under this Agreement as set forth in Section V.A. K. "Supplies" shall mean any Approved Cups,straws and lids and CO2 necessary for the dispensing of the Products. L. "Term" means the ten (10) year period beginning on the Effective Date and continuing up to and including June 2011,unless sooner terminated as provided herein. II. GRANT OF BEVERAGE AVAILABILITY AND MERCHANDISING RIGHTS. During the Term, City hereby grants to PBG the following exclusive Beverage availability and exclusive Beverage merchandising rights as set forth and described below: A. Beverage Availability on the Premises. (1) Grant of Rights. Subject to the terms of this Agreement, City grants to PBG the right to make Beverages available for sale at the Premises. The Products shall be the only Beverages sold, dispensed or served at the Premises and the Products shall be sold at all concession or vending locations located within the Premises. The Products shall be the only Beverages sold, dispensed or served at special events sponsored by the City. PBG agrees to supply the City with a sufficient amount of Product to fulfill the reasonably anticipated demands of the City. (2) Purchasing of Packaged Products. The Products produced and/or sold in bottles and/or cans by PBG (collectively,the"Packaged Products")shall be purchased by City and its concessionaires directly from PBG at prices reasonably established by PBG on an annual basis. 2 • (3) Vet__ PBG shall have the exclusive right to place beverage vending machines on the Premises. PBG shall not be assessed common area maintenance fees,taxes or other charges based on its occupation of the space allocated to vending machines. The vending machines shall be in good repair, both mechanically and aesthetically. B. Product Merchandising Rights. During the Term and subject to the terms and conditions contained in this Agreement, City grants PBG the exclusive right to merchandise Products at the Premises as set forth and described below: (1) Menu Board Advertising, City agrees that Pepsi's trademarks for Products shall be listed on the menu boards at concession locations in which Products are served to customers at the Premises. All brand identification containing Pepsi trademarks and/or service marks for menu boards set forth herein will be prepared and installed by City at City's sole cost and expense. (Some types of menu boards will he provided by PBO i.e plastic boards for concessionstands) (2) Approved Cups City agrees that all Products served, sold or dispensed at concession locations in which Products are served to customers at the Premises shall be served in Approved Cups and all other Beverages served, sold or dispensed within the Premises shall be served in either Approved Cups or other disposable cups which do not bear, display or contain the trademarks or service marks of a manufacturer of Competitive Products. PBG agrees to make Approved Cups available to City and City shall itself purchase or cause its concessionaires to purchase such Approved Cups only from PBG,at prices reasonably determined by PBG. III. GRANT OF BEVERAGE ADVERTISING AND PRODUCT PROMOTIONAL RIGHTS. During the Term, City hereby grants to PBG the right to advertise and promote Products in and with respect to the Premises upon the terms and conditions contained in this Agreement and as set forth and described below. A. Advertising (1) Premises Advertising, (a) The Pepsi logo and the Designation "Official Soft Drink of the City of Wylie"shall be included in the signage displayed on the Premises. (only Premises designated by the City of Wylie) 3 dis ay All scoreboards located on the Premises will not i er more p lan the Pepsi logo, (b) however the Pepsi logo twenty percent(20%) of the front surface area of the scoreboard unless the City agrees otherwise. (2) AdvertisinChan es. City recognizes PBG's right to change, modify and alter its advertising for, or identification of, any of the Products or to discontinue the manufacture of any of the Products. PBG shall reimburse City for all reasonable costs and expenses incurred by City in changing or modifying Premises Advertising, menu boards and other PBG or altering any identification or references to any of the Products necessitated by PBG's r changes to the advertising, trade marks or trade names, designations fy change ioor or identification there of.PBG shall have he eone ht to and all suchmodifications, the promotional messages appearing changes and/or alterations shall be at PBG's sole cost and expense. City shall use reasonable efforts PBG'sto advertising. 8 the cost to PBG for modifying, altering and/or changing B. Promotional Rights. (1) General Sponsorship Designation. City hereby agrees that PBG shall have the right to that promote he the fact uc are that PBG is an official sponsor of the Premisesand available at the Premises, including the right of PBG to refer to itself using the Designations. (2) Grant of License to Use the Ci Marks for Promotional Activities. City hereby grants to PBG a nonexclusive license to use the name of the City and the City Marks, for the limited purposes of promoting Products within the context of promotional activities. IV. GRANT OF OTHER RIGHTS. A. Exit Sampling. City agrees to permit PBG to conduct, at PBG's sole cost and expense, sampling of the City's patrons upon exiting the Premises. PBG will control the design and execution of the sampling event. B. Excl_ usivil City is hereby restricted from selling, serving,promoting, marketing, advertising, merchandising, sponsoring or endorsing all Competitive Products in or about the Premises or granting the rights granted to PBG hereunder with regard to the Premises to a seller, distributor, manufacturer, licensee or owner of Competitive Products. 4 . V. CONSIDERATION. A. Scoreboards Funds. PBG will pay the City Thirty-Five Thousand Dollars ($35,000) in support of the purchases of scoreboardsh Scoreboard Funds shall be paid to the City as follows") for the Premises : "Scoreboard Funds"). Th Year One $10,000 Year Two $10,000 Year Three $ 5,000 Year Four $ 5,000 Year Five $ 5,000 Throughout the Term, the Pepsi logo shall be prominently displayed on each scoreboard located at the Premises, as set forth in Section III.A.(1)(b)herein. B. Commission. PBG shall pay City commissions on cash collected(less sales taxes and recycling fees) ("Commissions") from all sales of Products through Vending Machines located on the Premises pursuant to this Agreement during the Term as follows: Ten percent(10%) Commissions on 12 oz. Vending Machines Thirty percent(30%) Commissions on 20 oz.Vending Machines The Commission shall be calculated on a periodic basis (every four weeks) and shall be paid within thirty (30) days from the end of the period in which the calculation is made. C. Growth Incentive Funds. Each Year throughout the Term, PBG will offer the City Growth Incentive Funds. If, and to the extent that, the number of Cases purchased by the City in any Year exceeds the number of Cases set forth below for that Year, PBG will pay the City$0.50 per Case on such eligible incremental Cases. Year Growth Case Hurdle One 252 Two 265 Three 280 Four 294 Five 310 Six 326 Seven 343 Eight 361 Nine 380 Ten 400 5 D. Proceeds from Panel Advertising. Throughout the Term, the City shall have the right to solicit sponsors for advertising panels on the Scoreboards on available space which has not been committed to PBG pursuant to this Agreement,provided that no such sponsor is a competitor of PBG. PBG and its scoreboard supplier agree to provide contacts to the City for potential sponsors. VI. ADDITIONAL CONSIDERATION. A. Product Donation. PBG will provide annual Product donations of up to a total of 100 cases per Agreement Year,40 cases of 12 oz. cans and 60 cases of 20 oz.bottled water VII. PRICING. A. Vend Prices. Vending Prices and Products will be determined by PBG. The initial vend prices shall be$0.65 for 12 oz. cans and$1.00 for 20 oz.bottles. B. Product Pricing. Current Product prices are set forth in Exhibit A attached hereto. Such prices are subject to change in accordance with nationally and/or locally recognized increases. VIII. EQUIPMENT AND SERVICE. A. Beverage Dispensing and Other Equipment. Notwithstanding anything contained herein to the contrary, PBG shall, at its sole cost and expense, provide and install all vending or other cold drink dispensing equipment (the "Equipment")within the Premises for the dispensing of Product during the Term. Throughout the Term, the City agrees allow PBG to place a minimum of six (6) 20 oz. vending machines and three (3) visa coolers on the Premises.Title to all Equipment shall be with PBG or its affiliates. Special event equipment such as trailers, head and chest units, coolers and super services will be provided to the City upon request,subject to availability. B. Service to Equipment. PBG or its designated agents shall be responsible for maintaining, repairing and replacing the Equipment and any costs associated therewith. PBG shall provide the City with a telephone number to request emergency repairs and receive technical assistance related to the Equipment. PBG shall respond to each request and use reasonable efforts to remedy the related Equipment problem within 24 hours of notification. 6 IX. INDEMNIFICATION. A. PBG will indemnify and hold the City harmless from any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable attorneys' fees)arising out of: (i) its breach of any term or condition of this Agreement; (ii) product liability suits resulting from the use or consumption of PBG's products; (iii) any lawsuits or claims relating to the Equipment which are not reasonably attributable to the acts or omissions of the City, its agents or employees; and/or(iv)the negligence or willful misconduct of PBG. B. City will indemnify and hold PBG, its subsidiaries, affiliates or assigns harmless from and against any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable attorneys' fees) arising out of : (i) its breach of any term or condition of this Agreement;and/or(ii)the negligence or willful misconduct of City. X. TERMINATION. A. Either party may terminate this Agreement for cause, which shall include, without limitation, a material breach of this Agreement; provided, however, that the terminating party has given the other party written notice of the breach or other cause and the other party failed to remedy or cure the breach or other cause within thirty(30)days of such notice. B. If PBG terminates this Agreement for cause, then in addition to any other remedies to which PBG may be entitled, the City shall immediately reimburse to PBG any unearned portion of the Scoreboard Funds. The amount of such reimbursement shall be determined by multiplying the total amount of Scoreboard Funds paid to the City at the time of such termination by a fraction, the numerator of which is the number of months remaining in the Term at the time of such termination and the denominator of which is 120. XI. NOTICES. Any notices or other communication hereunder shall be in writing, shall be sent via registered or certified mail, and shall be deemed given when received. If to PBG: The Pepsi Bottling Group Attention: Market Unit General Manager 4532 Highway 67 Mesquite,TX 75150 If to City: City of Wylie Office of Parks and Recreation Department Attention: 2000 Highway 78 North Wylie,Texas 75098 7 XII. RELATIONSHIP OF PARTIES. A. The parties are acting herein as independent contractors and independent employers. Nothing herein shall create or be construed as creating a partnership, joint venture or agency relationship between any of the parties and no party shall have the authority to bind the other in any respect The sole relationship of the parties hereto created by this Agreement is that of licensor and licensee. B. No goods or equipment shall be purchased in the name of the City by PBG or any person employed by or conducting business with PBG nor shall any goods or equipment be purchased by the City in the name of PBG. No debts, liabilities, obligations or contracts of whatever kind made or incurred by either of the parties hereto or any person employed by or conducting business with said party shall be in the name or upon the credit of the other party,and the other party shall not be liable or responsible therefor. XIII. REPRESENTATIONS AND WARRANTIES. Each of the parties to this Agreement represent and warrant that it has the full right, power and authority to enter into, and perform its obligations under, this Agreement and that the terms and conditions of this Agreement shall not violate, interfere with or infringe upon the rights of any third parties pursuant to written agreement or otherwise. Each party further represents that it has obtained all of the necessary approvals and has complied with all laws, ordinances, codes, rules and regulations relating to its entering into this Agreement and its performance hereunder. XIV. CONFIDENTIALITY Except as may otherwise be required by law or legal process, neither party hereto shall disclose to any third party the terms and conditions of this Agreement or any information respecting sales or revenue of the Equipment during the Term of thereafter. This obligation shall survive termination of this Agreement. XV. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Collin County,Texas. XVI. ENTIRE AGREEMENT. A. This document is intended by the parties as the final and binding expression of their agreement and is a complete and exclusive statement of the terms thereof and supersedes all prior negotiations, representations, and agreements and no representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein. 8 B. No modification or waiver of any of the terms and conditions of this Agreement shall be effective unless such modification or waiver is expressed in writing and signed by each of the parties. This Agreement may be amended only in writing signed by each of the parties. No course of prior dealings between the parties and no use of trade shall be relevant or admissible to supplement, explain or vary the terms of this Agreement, whether the same be consistent with the terms of this Agreement or otherwise. XVII. ASSIGNMENT;BINDING NATURE; MULTIPLE ORIGINALS. To the extent permitted by law, this Agreement shall be binding upon and inure to the benefit of PBG and the City and their respective successors and permitted assigns. Neither party may subcontract or assign its rights or obligations under this Agreement to any other entity or person without the express written consent of the other,which consent may be withheld at its sole discretion. Notwithstanding the foregoing, PBG shall be entitled to assign its rights and obligations under this Agreement pursuant to the sale of substantially all of its assets. No waiver by any party of any default or non-performance shall be deemed a waiver of any subsequent default or non-performance. XVIII. SAVING CLAUSE. If any provision of this Agreement shall be deemed or declared unenforceable, invalid or void, the same shall not impair any of the other provisions contained herein which shall continue to be enforceable in accordance with their respective terms, except that this clause shall not deprive any party of any remedy afforded under this Agreement. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date first above written. BOTTLING ROUP,LLC,doing CITY OF WYLIE,TEXAS busine `p PEPSI BOTTLING GROUP 1A t By: By: -�.� •—Q.-- Name: a a-- _ Name: \ Title: cov.� Title: 1"IA t9I2 Date: •2.1•o l Date: (p• 2(o• 01 t= SEAL t i E TE �• 9 Exhibit A PRODUCT PRICING 12 oz. Carbonated Soft Drinks $7.20 per case 20 oz. Carbonated Soft Drinks $13.50 per case 20 oz. Isotonics $13.50 per case 20 oz.Bottled Water $13.50 per case Pre-Mix $14.00 per tank WyIieTX 10