06-2: Ball and Soccer Field Contracts Special Report — original pdf

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City of Austin Office of the City Auditor Special Report Ball and Soccer Field Contracts March 2025 The Parks and Recreation Department (PARD) works with many different organizations to provide recreational baseball, softball, and soccer opportunities for residents of all ages. The City has 28 ball and soccer field contracts with 25 different organizations, both public and private. PARD uses these contracts to outline both the responsibilities of the City and those of the partnering organizations to support recreational activities. Some contracts are only for one year and can be renewed annually, while others are much longer. The public remains able to use City-owned facilities when not reserved by a partnering organization. However, fields and sites used for these contracts vary in how they are used, reserved, and how the public is informed about availability. All contracts contained language about breaches and/ or the steps to terminate the contract. The contracts did not contain specific language regarding breaches or termination on issues related to public access. Contents Objective & Background What We Learned Appendix A: Inventory of All Baseball, Softball, and Soccer Contracts Why We Did This Report, Scope, & Methodology 2 4 10 17 Cover: Photo of Downs Field, February 2025 Objective The objective of this special request was to: 1. Provide information about the existing contracts and associated amendments between the City and external organizations that manage, maintain, or use City-owned baseball and soccer fields, including: a. Number of contracts in effect; b. Organizations or entities with which the City is contracting; and c. Start and end dates of each contract and any options for renewal or extension. 2. Provide information about the terms of each contract and associated amendments related to public and community access, including: a. Details in the contracts about level and schedule of access to the general public and how the public is notified about access; and, b. Details in the contracts as to how often the fields are available to the general public versus reserved for the contracted organization. 3. Provide information about the terms and conditions in each contract and associated amendments related to breaches of contract and any procedures for terminating contracts in the event of a material breach, especially related to community access. The Parks and Recreation Department (PARD) works with many different organizations to provide recreational baseball, softball, and soccer opportunities for residents of all ages. Most of the facilities are owned by the City of Austin. However, some are also facilities owned by other public entities (Austin ISD) and some are private facilities. PARD uses contracts to outline both the responsibilities of the City and those of the partnering organization. Many of these contracts describe how the partnering organization will maintain the facility in return for free use of the facility. These contracts also offer financial support by paying for the electricity and water needs of the facility. Separately, there are also contracts with privately managed facilities that outline how the 2 Office of the City Auditor Background Ball and Soccer Field ContractsCity will only support the recreation activity through utility payments.1 A smaller number of contracts describe when a specific field will be used throughout the season. All contracts at City-owned facilities continue to allow for some form of public use. However, the public is only able to use the field or facility when it is not reserved by the partnering organization. Additionally, there are some restrictions on facility use due to weather conditions, maintenance needs, and how much rest the field may need between uses. These contracts can be grouped into five categories that broadly describe these responsibilities and the type of support the City provides. These groups are: • Athletic Field Use Agreement with Youth Sports Organizations (YSOs)- Contracts for use of ball fields and soccer fields for youth sports organizations. • Contract Instructor Programs- Contracts for third parties to provide instructional programs for soccer at recreation centers and nearby fields and parks. • Facility Use and Maintenance Agreements- Contracts that reserve specific fields at specific times throughout the seasons for facilities managed by Parks and Recreation Athletics Division. Additionally, this group includes the contract with Huston-Tillotson University to manage and maintain Downs Field. • Parkland Improvement and Land Use Agreements- This group includes longer contracts for management of the Onion Creek Soccer Complex with the Austin Men’s Soccer Association, management of ball fields in Volma Overton Sr. Shores at Town Lake Metropolitan Park by the West Austin Youth Association, and management of the ball field near Parque Zaragoza by RBI Austin. • Youth Field Agreement for Athletic Facility Use- Contracts with Austin ISD to allow for exclusive use of fields for Austin ISD during Winter/ Spring season and for Parks and Recreation staff to schedule field use for the public during the off season. 1  The facilities used by Balcones Youth Sports, North Austin Optimist, and Oak Hill Youth Sport Association are not owned by the City of Austin and supported through utility payments. The facilities used by West Austin Youth Association at Volma Overton Sr. Shores at Town Lake Metropolitan Park are owned by the City but managed under a 25- year Parkland Improvement Contract and supported through a separate Athletic Field Use Agreement with Youth Sports Organizations Contract. 3 Office of the City Auditor Ball and Soccer Field ContractsWhat We Learned Summary Question 1 How many active contracts does PARD have related to use of ball and soccer fields? The Parks and Recreation Department (PARD) works with many different organizations to provide recreational baseball, softball, and soccer opportunities for residents of all ages. The City has 28 ball and soccer field contracts with 25 different organizations, both public and private. PARD uses these contracts to outline both the responsibilities of the City and those of the partnering organizations to support recreational activities. Some contracts are only for one year and can be renewed annually, while others are much longer. The public remains able to use City-owned facilities when not reserved by a partnering organization. However, fields and sites used for these contracts vary in how they are used, reserved, and how the public is informed about availability. All contracts contained language about breaches and/or the steps to terminate the contract. The contracts did not contain specific language regarding breaches or termination on issues related to public access. The Parks and Recreation Department has 28 contracts related to the use of baseball, softball, and soccer fields throughout Austin. Most of these contracts are Athletic Field Use Agreements with Youth Sports Organizations. Exhibit 1: Most of the City contracts for use of City ball and soccer facilities are with Youth Sports Organizations. Contract Type Number of Contracts Percent Athletic Field Use Agreement with Youth Sports Organization Contract Instructor Programs Facility Use & Maintenance Agreement 4 Parkland Improvement & Land Use Agreement Youth Field Agreement for Athletic Facility Use Total Number of Contracts 15 4 3 2 28 54% 14% 14% 11% 7% 100% Source: Auditor Analysis of Ball and Soccer Field Contracts Provided by the Parks and Recreation Department, December 2024. 4 Office of the City Auditor Ball and Soccer Field ContractsQuestion 2 Which organizations or entities does the City contract with to support recreation opportunities at ball and soccer fields? The City’s 28 contracts related to ball and soccer fields involve 25 organizations, both public and private. Three organizations have two contracts with the City, including Austin ISD, Proplay Texas Holdings LLC (“Sportkind”), and the West Austin Youth Association. Exhibit 2: The City partners with 25 organizations to provide recreational opportunities for baseball, softball, and soccer. Number of Contracts Organizations Austin ISD Austin Men's Soccer Association Austin Senior Softball League Balcones Youth Sports Central Austin Youth League Delwood Northeast Optimist Greater East Austin Youth League & RBI Austin Huston-Tillotson University IME Futbol Club / Mission City Youth Soccer Organization Montopolis Little League North Austin Optimist North Austin Soccer Alliance Northwest Austin Pony Baseball Northwest Austin Pony Softball Northwest Little League Oak Hill Youth Sports Association Proplay Texas Holdings LLC (“Sportkind”) RBI Austin Soccer Shots Soccer Stars Soccer Stars South South Austin Little League South Austin Optimist Sportball West Austin Youth Association Total Number of Organizations = 25 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 2 Source: Auditor Analysis of Ball and Soccer Field Contracts Provided by the Parks and Recreation Department, December 2024. Total Number of Contracts = 28 5 Office of the City Auditor Ball and Soccer Field ContractsQuestion 3 What are the start and end dates for each contract? What are the options for renewal or extension for each contract? Start and End Dates The start and end dates for each contract are listed in Appendix A. The analysis of start and end dates for contracts shows that some contract types have consistent lengths and similar start and end dates. For other contract types, the length of the contract and the start and end dates appeared unique for each contract. Exhibit 3 shows an analysis of the average, minimum, and maximum contract length for each contract type. Exhibit 3: The contract length for Athletic Field Use Agreements with Youth Sports Organizations and Contract Instructor Programs are similar in the length while other types of contracts vary. Contract Type Average of Contract Length Minimum Contract Length Maximum Contract Length Contract Length in Years Athletic Field Use Agreement with YSO Contract Instructor Programs Facility Use & Maintenance Agreement* Parkland Improvement & Land Use Agreement** Youth Field Agreement for Athletic Facility Use 1.0 1.1 1.3 18.3 11.5 1.0 1.0 0.5 5.0 3.0 1.0 1.3 3.0 25.0 20.0 *Two contracts under this type were active contracts when the analysis was conducted but expired at the end of December 2024. Auditors checked with City staff and learned that contract negotiations were underway to renew the contract. **The RBI Contract was amended one time to complete a two-year contract extension in May 2023. An additional two-year contract extension remains. Source: Auditor Analysis of Ball and Soccer Field Contracts Provided by the Parks and Recreation Department, December 2024. Options for Renewal and Extension Most contracts include provisions to annually renew or otherwise extend the length of the contract term. The details about the renewal and extension are listed in Appendix A. The analysis of renewal and extension options revealed there are some differences between contract types but options are generally consistent. 6 Office of the City Auditor Ball and Soccer Field ContractsQuestion 4 According to the contract language, how often are the fields available to the general public versus reserved for the contracted organization? We reviewed all contracts to determine what contract language exists concerning public access, notification requirements about availability, and how and when the fields are reserved. Additionally, we spoke with Parks and Recreation Department (PARD) staff to clarify how this process works. We learned that facilities and sites used for these contracts vary in how they are used and reserved as well as how the public is informed about their availability. Athletic Field Use Agreements with Youth Sports Organizations The facilities used in this contract type involve public facilities owned by the City, public facilities owned by Austin ISD, and private facilities. For the public facilities owned by the City, the partnering organization receives priority use of the facility as part of the agreement and provides a calendar to PARD of planned dates.2 Staff said that the public can reach out to PARD, and PARD staff can assist them in working with the partnering organization to use the facility when it is not already reserved.3 Staff said there is no publicly available calendar for these facilities. For the public facilities owned by Austin ISD (AISD), the fields are managed by AISD outside of times reserved for the North Austin Soccer Alliance. For the non-public facilities, use by the public is managed by the owners of the facility. Contract Instructor Programs These contracts allow partner organizations to use PARD facilities to host programs. During these programs, some part of the facility or field is reserved for the program but does not restrict the use of the facility by the public except the parts required for the instructor programs to occur. Facility Use and Maintenance Agreement Generally, these contracts are used to reserve specific fields at regularly scheduled times throughout the season. Three of the four contracts include the specific facility and field that will be used and are reserved for the partnering organization at a planned time (e.g., Mondays 6-8pm). The fourth is the contract with Huston-Tillotson University for use of Downs Field. This contract gives priority use of the facility to the University in exchange for providing field and facility maintenance. The facility is generally available to be reserved for use by the public when not in use by the organization. There would be a cost associated with renting the facility based upon an approved fee schedule. Similar to the Athletic Field Use Agreements with Youth Sports Organizations, there is some flexibility to change dates due to weather-related changes and maintenance requirements of the fields. Staff said members of the public should contact Huston-Tillotson University if they want to reserve this facility. 2 Staff noted that partnering organizations submit a calendar for their planned use of the facility, but the organization has flexibility to change dates due to weather-related changes and maintenance requirements. 3  The cost of using the facility is based on an approved fee schedule. 7 Office of the City Auditor Ball and Soccer Field ContractsParkland Improvement and Land Use Agreement For these three agreements, there is contract language that public use is permitted outside of times reserved by the organization, but each facility is managed differently. The agreement with the Austin Men’s Soccer Association (AMSA) covers the use of the Onion Creek Soccer Complex. AMSA has priority use of the facility for its activities and allows for partnerships with other organizations for regular, scheduled use. If members of the public wish to use the facility, they can contact AMSA. There would be a cost associated with renting the facility based upon an approved fee schedule. Additionally, the facility is open to the public on all non-reserved days, but use is restricted to “unorganized play” which is described as “individual, family, or recreational use” like “tossing a ball or Frisbee, flying a kite, etc.” However, organized use is not allowed. The contract also details that the City has at least 10 free uses for City sponsored soccer events, and the nearby Dove Springs Recreation Center can use the facility for youth soccer play. For the baseball field at Parque Zaragoza, priority use is given to RBI Austin for its activities. If members of the public wish to use the facility, they can contact the Parque Zaragoza Recreation Center. The cost of using the facility would be based on an approved fee schedule. For the fields located in Volma Overton Sr. Shores at Town Lake Metropolitan Park, priority use is given to the West Austin Youth Association for its activities. However, the City has first right to Williams Field. Additionally, the City may use all other fields for public use outside of reserved times. If members of the public wish to use the facility, they can contact the Parks and Recreation Department. The cost of using the facility would be based on an approved fee schedule. Youth Field Agreement for Athletic Facility Use Both contracts in this contract type are with Austin ISD. These contracts give exclusive use of these facilities to AISD from February 1 through May 31 for the Butler facility and January 1 through May 31 for the Parque Zaragoza and Delores Duffie facilities. The contracts allow PARD to schedule games from October through January and during the exclusive period. For the period from June through October, the contracts are unclear, but PARD says staff can schedule use of the facility. The cost of using these facilities would be based on an approved fee schedule. Notification to the Public about Field Availability Many of the contracts require the organizations to provide a calendar to PARD in advance of any planned use of the facility. PARD staff reported that they use this information to help plan use by the partnering organization along with requests for use by the public. Staff said there is some flexibility in the process due to weather issues, maintenance needs, and rest requirements for fields. This calendar information is not published or pushed to a publicly available calendar or website. Additionally, there are no requirements to notify the public online or at the facility when the field is reserved in the contracts. Details about notification requirements for each contract are provided in Appendix A. 8 Office of the City Auditor Ball and Soccer Field ContractsAll contracts contained language about breaches and/or the steps to terminate the contract. There was some consistency within contract types, but there were no consistent contract terms between these groups. We did not find language in the sections related to breaches and terminations specifically regarding public access. Details on contract terms about breaches and termination for each contract can be found in Appendix A. Question 5 Provide information about the terms and conditions in each contract and associated amendments related to breaches of contract and procedures for terminating contracts in the event of a material breach, especially related to community access. 9 Office of the City Auditor Ball and Soccer Field ContractsCook - 1511 Cripple Creek, Austin, TX, 78748 Gullet - 6310 Treadwell Blvd., Austin, TX, 78757 Highland Park - 4900 Fairview Dr., Austin, TX, 78731 Pillow - 3025 Cross Creek Dr., Austin, TX, 78757 Reilly - 405 Denson Dr., Austin, TX, 78752 3106 Adelphi Lane, Austin, TX 78727 Yes - Cook - M-F 5:15PM- 7:30PM Practices; Sat 8AM-7PM Games* Gullet - M-F 5:15PM- 7:30PM Practices Highland Park - M-F 5:15PM-7:30PM Practices Pillow - M-F 5:15PM- 7:30PM Practices; Sat 8AM-12PM Games*; TBD Summer Camp Reilly - M-F 5:15PM- 7:30PM Practices *No games during Spring Break Private Field Appendix A: Inventory of All Baseball, Softball, and Soccer Contracts # Contract Type Contract Name Field Type Facility Address Notification for Public Access Field Reserved? Contract Term (years) Contract Extension? No - NA 9/1/2024 - 8/31/2025 (1) Contract has Terms for Public Access? No - Managed by AISD NA North Austin Soccer Alliance 5 soccer Athletic Field Use Agreement with YSO Cook ES, Gullet ES, Highland Park ES, Pillow ES, Reilly ES Contract Terms for Termination and/or Breaches 10 days notice of default to remedy; termination with 60 days notice OR within 10 days notice of default if the default has not been cured Athletic Field Use Agreement with YSO Athletic Field Use Agreement with YSO Athletic Field Use Agreement with YSO 1 2 3 4 5 6 7 Athletic Field Use Agreement with YSO Greater East Austin Youth League & RBI Austin Athletic Field Use Agreement with YSO IME Futbol Club / Mission City Youth Soccer Organization Montopolis Little League 5 baseball, 3 softball Athletic Field Use Agreement with YSO Balcones Youth Sports 2 softball, 4 baseball Balcones Youth Sports Yes - Annual No - Private Field NA 10/1/2024 - 9/30/2025 (1) Termination 60 days after notice of default is given to cure the default Central Austin Youth League 4 baseball, 1 softball Roy Velasquez Sr. Park 2201 Riverview St., Austin, TX, 78702 10/1/2024 - 9/30/2025 (1) Yes - Annual Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default Delwood Northeast Optimist 2 softball, 3 baseball, 1 multi Delwood Sportsplex 1815 Greenbrook Parkway, Austin, TX, 78723 10/1/2024 - 9/30/2025 (1) Yes - Annual Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default 1 baseball (Mabson Field) Downs Mabson Field Complex 2816 E 12th St., Austin, TX, 78702 10/1/2024 - 9/30/2025 (1) Yes - Annual Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default 1 soccer Roy G. Guerrero Field 800 Grove Ave., Austin, TX, 78741 Yes - Annual 10/1/2024 - 9/30/2025 (1) Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default Yes - Annual 10/1/2024 - 9/30/2025 (1) Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default Roy G. Guerrero Park, Vasquez Practice Field, Civitan Field Guerrero - 800 Grove Ave., Austin, TX, 78741 Vasquez - 901 Vasquez, Austin, TX, 78741 Civitan - 513 Vargas Rd., Austin, TX, 78741 Yes - Fields available to be reserved by public on all non- reserved days Yes - Fields available to be reserved by public on all non- reserved days Yes - Fields available to be reserved by public on all non- reserved days Yes - Fields available to be reserved by public on all non- reserved days Yes - Fields available to be reserved by public on all non- reserved days Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) Ball and Soccer Field Contracts 10 Office of the City Auditor Athletic Field Use Agreement with YSO Athletic Field Use Agreement with YSO Athletic Field Use Agreement with YSO Athletic Field Use Agreement with YSO Athletic Field Use Agreement with YSO Athletic Field Use Agreement with YSO # 8 9 10 11 12 13 15 Appendix A: Inventory of All Baseball, Softball, and Soccer Contracts Contract Type Contract Name Field Type Facility Address Contract Term (years) Contract Extension? Contract has Terms for Public Access? Notification for Public Access Field Reserved? Yes - Annual No - Private Field No Private Field North Austin Optimist Northwest Austin Pony Baseball 3 baseball, 1 softball, 1 multipurpose 1 baseball North Austin Optimist 1201 Morrow Lane, Austin, TX, 78757 10/1/2024 - 9/30/2025 (1) Northwest Pony Field 6799 N. Park Drive, Austin, TX, 78757 10/1/2024 - 9/30/2025 (1) Yes - Annual Contract Terms for Termination and/or Breaches Termination 60 days after notice of default is given to cure the default Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default Northwest Austin Pony Softball 1 softball Northwest Pony Softball Field 3501 Hunt Trail, Austin, TX, 78757 10/1/2024 - 9/30/2025 (1) Yes - Annual Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default Northwest Little League 6 baseball Northwest LL Fields 3105 Hunt Trail, Austin, TX, 78757 Yes - Annual 10/1/2024 - 9/30/2025 (1) Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default Oak Hill Youth Sports Association South Austin Little League 6 baseball, 2 softball OHYSA 6301 Joe Tanner Lane, Austin, TX, 78739 10/1/2024 - 9/30/2025 (1) Yes - Annual No - Private Field No Private Field Termination 60 days after notice of default is given to cure the default 4 baseball Wright Field, South Austin LL Yes - Annual 10/1/2024 - 9/30/2025 (1) Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default Athletic Field Use Agreement with YSO 14 South Austin Optimist 5 baseball Ric & Carmen Sports Complex Yes - Annual 10/1/2024 - 9/30/2025 (1) Yes, public must contact the Athletics Office for rental requests Termination 60 days after notice of default is given to cure the default Athletic Field Use Agreement with YSO West Austin Youth Association 5 baseball, 1 softball, 2 multi-purpose WAYA Main, Volma Overton Sr. Shores at Town Lake Metro Park Yes - Annual No - Private Field 10/1/2024 - 9/30/2025 (1) Termination 60 days after notice of default is given to cure the default Private Field (The fields at Volma Overton Sr. Shores at Town Lake Metro Park owned by City but managed privately through Parkland Improvement Contract #22 also covered in this report) Yes - Fields available to be reserved by public on all non- reserved days Yes - Fields available to be reserved by public on all non- reserved days Yes - Fields available to be reserved by public on all non- reserved days Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) Public Contacts PARD and/ or Youth Sport Group to confirm availability of the field(s) No Yes - Fields available to be reserved by public on all non- reserved days Yes - Fields available to be reserved by public on all non- reserved days (The fields at Volma Overton Sr. Shores at Town Lake Metro Park owned by City but managed privately through Parkland Improvement Contract #22 also covered in this report) Wright - 602 Azie Morton Rd., Austin, TX, 78704 South Austin LL - 1604 Toomey Road, Austin, TX, 78704 6001 Menchaca, Austin, TX, 78745 WAYA Main - 1314 Exposition Blvd., Austin, TX, 78702 Volma Overton Sr. Shores at Town Lake Metro Park - 1200 W. Cesar Chavez Blvd., Austin, TX, 78703 Ball and Soccer Field Contracts 11 Office of the City Auditor Appendix A: Inventory of All Baseball, Softball, and Soccer Contracts # Contract Type Contract Name Field Type Facility Address Facility Use & Maintenance Agreement Austin Senior Softball League 2 softball Krieg Athletic Complex 515 S. Pleasant Valley Rd., Austin, TX, 78741 2/1/2024 - 12/31/2024 (0.9) Contract Term (years) Contract Extension? Contract has Terms for Public Access? No - NA No - NA Notification for Public Access Contact PARD for use of facility Field Reserved? Yes - Softball Fields #2 and #3 on Mondays and Thursdays from 8:00pm- 3:00pm 16 17 Facility Use & Maintenance Agreement Proplay Texas Holdings LLC (DBA Sportskind 1) 2/1/2024 - 12/31/2024 (0.9) No - NA No - NA Contact PARD for use of facility softball, multipurpose (see Field Reserve column for details on fields) Krieg Athletic Complex, Havins Softball Complex, Barton & Jaycee Multipurpose Fields, and Pan Am Softball Field Krieg - 515 S. Pleasant Valley Rd., Austin, TX, 78741 Havins - 12138 North Lamar, Austin, TX, 78753 Barton - 8000 Azie Morton Rd., Austin, TX, 78704 Pan Am - 2100 E. 3rd St., Austin, TX, 78702 Yes - Krieg (2 fields) - Mondays 6PM-10:30PM Krieg (1 field) - Thursdays 6PM-10:30PM Krieg (2 fields) - Fridays 6PM-10:30PM Krieg (5 courts) - Mondays and Thursdays 6PM- 10:30PM Havins (1 field) - Wednesdays 6PM- 10:30PM PanAm - Wednesdays and Sundays 6PM-10:30PM Barton - Tuesdays and Thursdays 6PM-10:30PM Contract Terms for Termination and/or Breaches Parties agree to negotiate prior to prosecuting a suit. Either party may request a meeting to attempt negotiations in good faith. If this meeting is not successful, the parties agree to acquire a mediator. The City may terminate with cause with 10 days written notice unless the league cures the default. The City may terminate without cause with 30 days written notice or immediately if there is a safety concern. Either party may terminate with 15 calendar days written notice. Parties agree to negotiate prior to prosecuting a suit. Either party may request a meeting to attempt negotiations in good faith. If this meeting is not successful, the parties agree to acquire a mediator. The City may terminate with cause with 10 days written notice unless the league cures the default. The City may terminate without cause with 30 days written notice or immediately if there is a safety concern. Either party may terminate with 15 calendar days written notice. Ball and Soccer Field Contracts 12 Office of the City Auditor Appendix A: Inventory of All Baseball, Softball, and Soccer Contracts # Contract Type Contract Name Field Type Facility Address Facility Use & Maintenance Agreement Proplay Texas Holdings LLC (DBA Sportskind 2) 3 softball Krieg Athletic Complex and Havins Softball Complex 7/1/2024 - 12/31/2024 (0.5) Krieg - 515 S. Pleasant Valley Rd., Austin, TX, 78741 Havins - 12138 North Lamar, Austin, TX, 78753" Contract Term (years) Contract Extension? Contract has Terms for Public Access? No - NA No - NA Notification for Public Access Contact PARD for use of facility Field Reserved? Yes - Krieg (2 fields) - Tuesdays 6PM-10:30PM Havins (1 field) - Wednesdays 6PM- 10:30PM Facility Use & Maintenance Agreement Huston-Tillotson University 1 baseball (Downs Field) Downs Mabson Field Complex 2816 E. 12th St., Austin, TX, 78702 No - NA 1/29/2024 - 1/29/2027 (3) Yes - Open to the public on all non- reserved days Contact Huston- Tillotson for use of facility Yes - When not used by Huston-Tillotson the field is available to be reserved through Huston-Tillotson 18 19 Contract Terms for Termination and/or Breaches Parties agree to negotiate prior to prosecuting a suit. Either party may request a meeting to attempt negotiations in good faith. If this meeting is not successful, the parties agree to acquire a mediator. The City may terminate with cause with 10 days written notice unless the league cures the default. The City may terminate without cause with 30 days written notice or immediately if there is a safety concern. Either party may terminate with 15 calendar days written notice. If any party fails to properly fulfill its obligations under the Agreement in a timely manner, or if any party violates any of the provisions of the Agreement, the non-breaching party shall notify the other party in writing of the specific violation of the Agreement. The breaching party shall have 30 days from receipt of this notice in which to cure ay such violations. If the violation cannot be reasonably cured within said 3-day period to cure violation, then the parties may agree in writing to an extension of the period during which the violation must be cured. A non-breaching party may terminate the agreement with 30 days written notice if the breach is not cured. The City may terminate the agreement without cause with 30 days calendar notice. Ball and Soccer Field Contracts 13 Office of the City Auditor Appendix A: Inventory of All Baseball, Softball, and Soccer Contracts # Contract Type Contract Name Parkland Improvement & Land Use Agreement Austin Men's Soccer Association 9 soccer Field Type Facility Address Contract Term (years) Contract Extension? 5400-6300 E. William Cannon Drive, Austin, TX, 78744 5/27/2004 - 5/27/2029 (25) Onion Creek Soccer Complex (sometimes called South Austin Soccer Complex) Yes - The agreement may be extended for two periods of 10 years each with 6 months notice before the initial term end Notification for Public Access Field Reserved? Contact Austin Men's Soccer Association or use of facility Yes - Field reserved for use by ASMA, public may contact AMSA to reserve fields. Contract has Terms for Public Access? Yes - Open to the public on all non-reserved days however use appears restricted to "unorganized play" which is described as "individual, family, or recreational use" like "tossing a ball or Frisbee, flying a kite, etc." and "organized use.... is otherwise restricted"; at least 10 "free" uses by the City for City sponsored soccer events; available to be used by other organizations for soccer use (based upon approved Fee Schedule; Nearby Rec Center can use facility for youth soccer play Yes - Open to the public on all non- reserved days Yes - first phase of contract ended 5/6/2023 and was amended to add two years. - The contract may be extended for two 2-year periods by written agreement before the initial term expires; One additional two-year amendment remains. Contract Terms for Termination and/or Breaches Provisions for notification of default, upon written notice must be cured in 30 days. Allowance for a second notice with another 30 days notice. Provision to provide cured within ""reasonable"" time. Upon breach agreement, the non-breaching party will send one 30-day notice and a second 30-day notice. The City may leave the agreement at any time after the initial term. AMSA may terminate the agreement at any time with 90 days written notice. Provisions for notification of default, upon written notice must be cured in 30 days. Provision to provide cured within "reasonable" time. A non-breaching party may terminate the agreement if the breach is not cured within 30 days of written notice. Either party may terminate the agreement dependent on City issuance of a Notice to Proceed. Parkland Improvement & Land Use Agreement RBI Austin 1 softball 2608 Gonzales St., Austin, TX, 78702 3/7/2018 - 5/7/2025 (5) Parque Zaragoza Neighborhood Park Contact Parque Zaragoza Rec Center for use of facility Yes, public must contact Parque Zaragoza for details on schedule 20 21 Ball and Soccer Field Contracts 14 Office of the City Auditor Appendix A: Inventory of All Baseball, Softball, and Soccer Contracts # Contract Type Contract Name Field Type Facility Address Contract Term (years) Contract Extension? Parkland Improvement & Land Use Agreement West Austin Youth Association (25yr Agreement) 5 baseball, 1 softball, 2 multi- purpose Volma Overton Sr. Shores at Town Lake Metro Park 1200 W. Cesar Chavez St. Ausitn, TX, 78703 8/1/2013 - 8/1/2038 (25) Notification for Public Access Contact PARD for use of facility Contract has Terms for Public Access? Yes - The City has first right to Williams Field. Additionally, the City may use all other fields for public use outside of reserved times. Yes - The contract may be extended for one 10- year period with 6-months notice prior to the term end Field Reserved? Yes - Priority use is given to the West Austin Youth Association for its activities. However, the City has first right to Williams Field. Additionally, the City may use all other fields for public use outside of reserved times. Youth Field Agreement for Athletic Facility Use AISD Butler 2 softball Butler #1 and #2 Fields 1614 Toomey Rd, Austin, TX, 78704 1/6/2015 - 1/6/2035 (20) Contact PARD for use of facility Yes - Field reserved from February 1 though May 31, PARD may schedule during other times Contract Terms for Termination and/or Breaches Parties agree to negotiate prior to prosecuting a suit. Either party may request a meeting to attempt negotiations in good faith. If this meeting is not successful, the parties agree to acquire a mediator. A non-breaching party may terminate the agreement with 30-days written notice if the breach is not cured. The District may exit before the lease renewal by providing notice at least 180 days before the term end. The City may exit at any time by providing at least 30 days notice. AISD Eastside 1 softball; 1 baseball Youth Field Agreement for Athletic Facility Use Parque - 2608 Gonzalez St, Austin, TX, 78702 Delores - 1182 N Pleasant Valley Rd, Austin, TX, 78702 11/23/2022 - 11/23/2025 (3) Contact PARD for use of facility Yes - Field reserved from January 1 though May 31, PARD may schedule during other times The District may exit before the lease renewal by providing notice at least 180 days prior to the initial term expiration. The City may terminate the agreement with a 30 day notice for any reason. Contract Instructor Programs 2024 Soccer Stars Soccer, Rec Center facility, number unclear To be determined 6/30/2024 No - NA - 9/30/2025 (1.3) Contact PARD for use of facility Yes - Area reserved at rec centers, permits used to reserve fields Parties agree to negotiate prior to prosecuting. Either party may make a request for a meeting with notice in order to negotiate a resolution. Either party may exit the agreement with or without cause with a 15 day notice. Parque Zaragoza Recreation Center Softball Field and Delores Duffie Recreation Center Softball Field PARD staff said they are working with Soccer Stars to identity specific facilities for this contract Yes - Automatically for 1 term of 10 years unless otherwise specified in writing 180 days before term end Yes - Automatically for 2 terms of 3 years unless specified in writing at least 180 days before term end Yes - Exclusive use by AISD February 1 though May 31; PARD may schedule games October-January and during exclusive period; Contract is unclear but PARD says they can schedule from June though October. Yes - Exclusive use by AISD January 1 though May 31; PARD may schedule games October- January and during exclusive period; Contract is unclear but PARD says they can schedule from June though October. No - NA 22 23 24 25 Ball and Soccer Field Contracts 15 Office of the City Auditor Appendix A: Inventory of All Baseball, Softball, and Soccer Contracts # Contract Type Contract Name Contract Instructor Programs 2025 Soccer Shots Field Type Facility Address Soccer, Rec Center facility, number unclear Northwest Recreation Center 2913 Northland Dr, Austin, TX 78757 9/30/2024 - 9/30/2025 (1) Contract Term (years) Contract Extension? Contract has Terms for Public Access? No - NA No - NA Notification for Public Access Contact PARD for use of facility Field Reserved? Yes - Area reserved at rec centers, permits used to reserve fields Contract Instructor Programs 2025 Soccer Stars South Slaughter Creek/Circle C Soccer, Rec Center facility, number unclear Slaughter Creek - 6301 W Slaughter Ln, Austin, TX 78739 9/30/2024 - 9/30/2025 (1) No - NA No - NA Contact PARD for use of facility Yes - Area reserved at rec centers, permits used to reserve fields 2025 Sportball Contract Instructor Programs Soccer, Rec Center facility, number unclear Beverly Sheffield Northwest Park 7000 Ardath St, Austin, TX, 78757 9/30/2024 - 9/30/2025 (1) No - NA No - NA Contact PARD for use of facility Yes - Area reserved at rec centers, permits used to reserve fields 26 27 28 Contract Terms for Termination and/or Breaches Parties agree to negotiate prior to prosecuting. Either party may make a request for a meeting with notice in order to negotiate a resolution. Either party may exit the agreement with or without cause with a 15 day notice. Parties agree to negotiate prior to prosecuting. Either party may make a request for a meeting with notice in order to negotiate a resolution. Either party may exit the agreement with or without cause with a 15 day notice. Parties agree to negotiate prior to prosecuting. Either party may make a request for a meeting with notice in order to negotiate a resolution. Either party may exit the agreement with or without cause with a 15 day notice. Ball and Soccer Field Contracts 16 Office of the City Auditor Why We Did This Report This report responds to a request sponsored in November 2024 by Council Member Leslie Pool and co-sponsored by Mayor Pro Tem Vanessa Fuentes. Scope This project included the Parks and Recreation Department’s contracts associated with baseball, softball, and soccer fields active during December 2024. Methodology To complete this special request, we performed the following steps: interviewed Parks and Recreation Department staff interviewed Parks and Recreation Board Members • • • reviewed active contracts between the City of Austin and partnering organizations related to use of baseball, softball, and soccer fields • analyzed information collected about all contracts Project Type This project is not considered an audit. However, this project was conducted in accordance with the ethics, independence, competency, and quality provisions of the Government Auditing Standards. 17 Office of the City Auditor Ball and Soccer Field ContractsThe Office of the City Auditor was created by the Austin City Charter as an independent office reporting to City Council to help establish accountability and improve City services. Special requests are designed to answer specific questions to assist Council in decision-making. We do not draw conclusions or make recommendations in these reports. Team Kelsey Thompson, Audit Manager Tyler Myers, Auditor-in-Charge Ashley Rodriguez City Auditor Corrie Stokes Deputy City Auditor Jason Hadavi Office of the City Auditor phone: (512) 974-2805 email: AustinAuditor@austintexas.gov website: http://www.austintexas.gov/auditor AustinAuditor @AustinAuditor Copies of our audit reports are available at http://www.austintexas.gov/page/audit-reports Alternate formats available upon request