HomeMy WebLinkAboutPR 20141: PORT ARTHUR AMERICNA LITTLE LEAGUE-2018 SOFTBALL LEAGUE VIRGINA/SAL GRADO FIELD AT PIONEER PARK Ctre of
71 Ir
tfictrl ft/t tt�4
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: April 9, 2018
To: Harvey Robinson, Interim City Manager
Through: Kandace M. Tappen, Assistant City Manager/Administration
Interim Parks& Recreation Director
From: Chandra Alpough, Recreation Specialist E ,
RE: Port Arthur American Little League-2018 Softball League
Introduction:
The intent of this Agenda Item is to request the City Council to execute a contract with Port
American Little League for the use of Virginia/Sal Grado Field at Pioneer Park.
Background:
Softball provides a source of entertainment for spectators and exercise/entertainment for
participants. The Port Arthur American Little League wants to utilize Virginia/Sal Grado Field
at Pioneer Park for league play and tournament games. Port Arthur American Little League has
met the insurance requirement and the insurance certificate is attached.
Budgetary Impact:
None
Recommendation:
City Council to approve this contract.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur.Texas 77641-1089 .X 409.983.8101 '.; FAX 409.982 6743
P.R.# 20141
04/09/18 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE PORT
ARTHUR AMERICAN LITTLE LEAGUE FOR THE USE OF VIRGINIA/SAL
GRADO FIELD AT PIONEER PARK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR
TEXAS:
THAT the City Council of the City of Port Arthur hereby authorizes the City Manager to
execute a contract between the City of Port Arthur and the Port Arthur American Little League
for the use of a City baseball field this spring, a copy of each of said contract is attached as
Exhibit"A".
THAT, this resolution authorizes a contract with, and field use by, the Port Arthur
American Little League organization only, and that all other use of the field by any other entity
must be requested from and approved in writing by, the City of Port Arthur.
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of , A.D., 2018, at a
Regular Meeting of the City Council of the City of Port Arthur,by the following vote:
AYES:Mayor
Councilmembers:
NOES:
P.R.# 20I41
04/09/18 ca
Derrick "Ford" Freeman
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
///1-r/Z7ri.)
Val Tizeno, sq.
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson
Interim City Manager
Kandace Tappen
Assistant City Manager
Interim Director of Parks and Recreation
EXHIBIT "A"
STATE OF TEXAS
COUNTY OF JEFFERSON
This is an Agreement between the City of Port Arthur, Texas (referred to in the
Agreement as the "City"), and the Port Arthur American Little League (referred to in this
Agreement as the "League"), for the use of a baseball field, located in Virginia/Sal Grado Field,
at 3401 17"' Street, Port Arthur, Texas. The League and the City are collectively referred to as
the "Parties".
RECITAL
The purpose of this Agreement is to state the terms and conditions under which the
League is permitted to use City premises for the purpose of conducting League baseball games
only.
In consideration of the mutual promises contained in this Agreement, the League and the
City agree as follows:
I.
NATURE OF AGREEMENT
A. Each party recognizes that the City has no authority under the law to permit exclusive
control of public park property by anyone other than the City. Therefore, this Agreement shall
not be construed as giving said control to the League.
B. The City agrees to permit the League to use certain facilities for the purpose of
conducting baseball games and operating concession stands; the City agrees to be responsible for
the performance of certain duties and maintenance of certain facilities described in Exhibit "A",
attached hereto and made a part hereof.
C. The League agrees to be responsible for the performance of certain duties and
maintenance of certain facilities described in Exhibit "A", attached hereto and made a part
hereof.
1
D. The League agrees to do all things necessary to manage and administer a Port Arthur
Baseball Association Baseball program (hereinafter called "said program") in the City of Port
Arthur including, but not limited to, the purchase of necessary equipment, soliciting and
obtaining sponsors for teams, if necessary, soliciting and directing managers of teams and
leagues, providing officiating personnel and the performance of all other acts necessary to insure
that said program is successful.
E. The City of Port Arthur does not assume any responsibility for the supervision and
administration of said program nor does it assume any liability arising thereunder. The League
does assume all responsibility for the supervision and administration of said program and
assumes all liability arising thereunder.
F. It is expressly agreed and understood by all parties hereto that the League is an
independent contractor in its relationship to the City of Port Arthur. Nothing herein contained at
any time or in any manner shall be construed to effect a contract of partnership or joint venture
or render any party hereto the employer or master of any other party and/or its employees, agents
or representatives. All necessary personnel shall be deemed agents or employees of the League.
G. Inasmuch as the facilities are on public property, the League agrees to permit the
public to use the fields and stands any time that they are not being used by the League; however,
the City agrees that any use of the fields or stands by any person or group other than the League
must be approved by the City Manager. No one can use the field after 10:30 p.m. without the
approval of the City Manager.
H. The League shall not remove any structures constructed by the League that are
attached to the premises owned by the City without first notifying the Parks and Recreation
Director of its intent to do so and obtaining approval. The League shall be responsible for any
damage to the premises or to any other property owned by the City as a result of the removal of
any structures by the League.
2
II.
DUTIES AND RESPONSIBILITIES OF LEAGUE
The League acknowledges the responsibility to govern the behavior of individuals
attending contractor sponsored events.
The League is required to abide by all applicable city ordinances; specifically, those
ordinances prohibiting consumption of alcohol in city parks. The League will be warned of
observed violations and complaints. Continued violations of city ordinances by the League will
result in termination of this agreement.
The League is also required to provide security to ensure that all ordinances will be adhered to.
III.
DURATION OF AGREEMENT
This Agreement shall be in force from the date of signing by the parties until August 31,
2018.
IV.
TERMINATION OF AGREEMENT
This agreement may be terminated by either party giving thirty(30) days written notice to
the other party of its desire to terminate said Agreement, or said Agreement may be terminated at
any time by mutual agreement of the parties.
V.
INDEMNIFICATION
The League covenants and agrees to indemnify, and does hereby indemnify, hold
harmless and defend, the City of Port Arthur, its officers, employees, and agents from and
against any and all liability, loss, damages, expenses or claims for injuries to persons or property
of whatsoever kind or character, whether real or asserted, arising out of or incident to either or
both of the following: (1) the activities of the League, or (2) the operations under or otherwise
3
incident to the provisions of this contract. The League hereby assumes all liability and
responsibility for injuries, claims or suits for damages to person or property, of whatever kind or
character, whether real or asserted, arising out of or incident to either or both of the following:
(1) the activities of the League, or (2) the operations under or otherwise incident to the
provisions of this contract.
The foregoing indemnification provision shall apply to the League regardless of whether
said liability, injury, loss, damage, expenses or claim is caused in part by the City or its officers,
employees, or agents.
VI.
PUBLIC LIABILITY INSURANCE
The League agrees to procure and maintain in force during the term of this lease and any
extension thereof, at its expense, public liability insurance in companies and through brokers
approved by the City, adequate to protect against liability for damage claims through public use
or arising out of accidents or injuries occurring in or around the described premises, in a
minimum amount of$100,000.00 for each person injured, $300,000.00 for any one accident, and
$100,000.00 for property damage. The insurance policies shall name the City and its officers,
employees and agents as an additional insured. The policies shall be delivered to the City
Manager for keeping. The League agrees to obtain a written agreement from the insurers to
notify the City in writing at least 30 days prior to cancellation or refusal to renew any of the
policies. The League agrees that if the insurance policies are not kept in force during the entire
term of this Agreement and any extension thereof, the City may procure the necessary insurance,
pay the premium therefor, and the League shall repay the premium to the City the next month
following the date on which the premium is paid.
4
VII.
If the facilities are not maintained, the City reserves the right, at its discretion, to
demolish all dilapidated structures and/or repair those structures. Depending on the nature of the
repairs, renovations and/or demolition, the City reserves the right to charge the League for costs
associated with their noncompliance with this agreement.
SIGNED IN DUPLICATE ORIGINALS, this the day of , 2018.
CITY OF PORT ARTHUR
BY:
CITY MANAGER
ATTEST:
CITY SECRETARY
PORT ARTHUR AMERICAN LITTLE LEAGUE
BY:
PRESIDENT
PRINT NAME:
ATTEST:
SECRETARY
5
EXHIBIT "A"
This Exhibit shall be construed in conjunction with the attached Agreement between the
Port Arthur American Little League (hereinafter called "League") and the City of Port Arthur for
the use of certain baseball facilities in City parks.
ITEM 1
The City agrees to give the League first priority use of a baseball field located in
Virginia/Sal Grado Field, located at 3401 17th Street, Port Arthur, Texas, from the date of signing
by the parties until August 31, 2018.
ITEM 2
The League shall:
1. Maintain the fields daily by dragging, marking, filling in holes on game days.
2. Operate and maintain concession stands.
3. Maintain and repair any and all structures constructed by the League including dugouts,
scoreboards,press boxes, and storage areas. (See existing property inventory prepared by
the Parks and Recreation Director and attached and made a part hereof.)
4. Maintain litter control.
ITEM 3
The City shall:
1. Do major fence repair(if funds are available).
2. Do minor fence repairs.
3. Pay electric bill.
4. Replace lamps that are burned out.
5. Furnish infield dirt (maximum four(4) loads).
6
EXHIBIT "A" CONT.:
6. Cut outfield grass (upon request) and trim around outside of fences if personnel is
available.
7. Furnish portable toilets.
8. Maintain bleachers.
ITEM 4
Operation of the concession stand will be managed by the League, and proceeds will be
used for their operation.
Health permits or approval from the Port Arthur Health Department will be required to
sell any foods.
ITEM 5
Should the League desire to expand or modify the facilities during the tenure of the
contract, the League shall pay the cost of said improvements and notify the Parks and Recreation
Director of any such changes.
All expansion/additions or modifications must be reviewed and approved by the City of
Port Arthur's Inspection Department and the Director of Parks and Recreation.
ITEM 6
The League will provide a current set of keys for all locks and update as needed to the
Parks and Recreation Director.
7
EXHIBIT "A" CONT.:
PROPERTY INVENTORY
FOR LEAGUE MAINTENANCE
Virginia/Sal Grado Field at Pioneer Park
3401 17th Street
2 Dugouts with benches
1 Concession stand
1 Scoreboard
8
CERTIFICATE OF LIABILITY INSURANCE oAT321201/1
0 318 B
PRO010E' CERTIFICATE#: 3433208-2018-3 9 43 32
Keystone Risk Managers,LLC
1995 Point Township Drive
Northumberland,PA 17867 INSURERS AFFORDING COVERAGE:
ADDITIONAL NAND INsuREo: INSURER A: Lexington Insurance Company
PORT ARTHUR AMERICAN LL INSURER B: National Union Fire Insurance Company of
DWIGHT FOB65
(Non-Liability) Pittsburgh,PA
2508 GLENWOOD DR on- ��
PORT ARTHUR,TX 77642 INSURER C: AIG Specialty Insurance Company
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIRCATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AGM POLICY EFFECTIVE POLICY EXPIRATION
LTR
NAMED TYPE OF INSURANCE POLICY NUMBER DATE{MWDOIYYYY) DATE(�+DDWYYYY) WETS
WIRD
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
011225822 01/03/2018 01/01/2019
A X X OCCURRENCE $2.000,000
GEHERALAGGREGATE
INCL PARTICIPANTS PropertyPROOUCTSrc0MP OPS
X Damage Deductible:$250 AGGREGATE $1,000,000
Sexual Abuse ( Si.000.000
X SEXUAL ABUSE OCCURRENCE
sea,u Abuse $2,000,000
AGGREGATE
MEDICAL PAYMENTS Any One Person
EACH LOSS $1,000,000
A X DIRECTORS a OFFICERS 019130066 01/01/2018 01/01/2019 AGGREGATE $1,000,000
C X CYBER LIABILITY COVERAGE 018254546 011012018 01/01(2019 LIMIT OF WBILrTY $100,000 PER
CLAIMS ANDS LEAGUE AGGREGATE
SSP SECURITY ANO PRIVACY LIABILITY $100,000 PER LEAGUE SUBLIMIT OF LIABILITY RETROACTIVE DATE CONTINUITY DATE
INSURANCE $1,000 PER LEAGUE RETENTION
POLICY NCEPTION POI.CY INCEPTION
REGULATORY ACTION SUBUNIT OF $100,000 PER LEAGUE SUBLIMIT OF LIABILITY
LIABILITY $1,000 PER LEAGUE RETENTION
EM EVENT MANAGEMENT INSURANCE $100,000 PER LEAGUE SUBLIMIT OF LIABILITY NOT APPLICABLE POLICY INCEPTION
$1,000 PER LEAGUE RETENTION
CRAM COV E EACH Loss $35,000
Crime Deductible:$250 Property/$1,000 Money AGGREGATE NONE
As in Master Policy. As In Master Policy
B X SPORTS EXCESS ACCIDENT SRG9105434 01/01/2018 01/01/2019 Med.Max.$100,000 Excess
Deductible $50
"X"INDICATES COVERAGEtSI SELECTED FOR ADDITIONAL NAMED INSURED
ADDITIONAL INSURED
Who is an Insured(SECTION II)of the General Liability policy is amended to include as an insured the person or organization shown in the schedule,bul only with respect to
lability arising out of the above named Little League's maintenance or use of ball fields,or other premises band,donated,or rented to that Little League by such person or
organizations and subbed to the following additional exclusions
1.Structural alterations,new construction,maintenance,repair or demolition operations performed by or on bandit of the person or organization designated in the Schedule and/or
performed by the above named Little League,and
2. Thal part of the ball field or other premises not being used by the above named Utile League
NAME AND ADDRESS OF PERSON OR ORGANIZATION:
City of Port Arthur
1308 9th Avenue
Port Arthur,TX 77642
INSURED CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE
Lit11e League Baseball Risk Purchasing Group,Inc. Wm-t THE POLICY PRO
539 U.S. RT.15 Highway
South Williamsport,PA 17702
AUTHOR ZED PRESENTATIVE