HomeMy WebLinkAboutPR 20207: HISPANIC AMERICNA BASEBALL LEAGUE - 2018 BASEBALL LEAGUE , LEGER FIELD AT PIONEER PARK •
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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.
RE: Hispanic American Baseball League-2018 Baseball League
Introduction:
The intent of this Agenda Item is to request the City Council to execute a contract with Hispanic
American Baseball League for the use of Leger Field at Pioneer Park.
Background:
Baseball provides a source of entertainment for spectators and exercise/entertainment for
participants. The Hispanic American Baseball League wants to utilize Leger Field at Pioneer
Park for league play and tournament games. Hispanic American Baseball 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 v` FAX 409.982.6743
P.R.# 20207
04/09/18 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE
HISPANIC AMERICAN BASEBALL LEAGUE FOR THE USE OF LEGER
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 Hispanic American Baseball 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 Hispanic American
Baseball 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.# 20207
04/09/18 ca
Derrick "Ford" Freeman
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Val Tizeno,Esq. j
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 Hispanic American Baseball League (referred to in this
Agreement as the "League"), for the use of a baseball field, located in Leger Field, at 3401 17th
Street/Pioneer, 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.
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
3
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 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
HISPANIC AMERICAN BASEBALL LEAGUE
BY:
PRESIDENT
PRINT NAME:
ATTEST:
SECRETARY
5
EXHIBIT "A"
This Exhibit shall be construed in conjunction with the attached Agreement between the
Hispanic American Baseball 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 Leger
Field, located at 3401 17th Street/Pioneer, 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 February through August. Electricity will be cut off September through
January.
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
Leger Field
3401 17th Street/Pioneer
1 Scoreboard
2 Dugouts with benches
8
ACCORD` CERTIFICATE OF LIABILITY INSURANCE DATE(MINDO/YYTY)
`,/ 03/22/2018
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
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ZULEMA ESCOBEDO PHONE 409 962 0088 FAX 409 962 1005
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Not:
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PORT ARTHUR TX 77642 INSLRERISI AFFORDING COVERAGE 1 NNAIL I
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INSURED INSURER 8: E
BARRY IGNACIO
INSURER C:
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EXP
LIR TYPE OF INSURANCE ,011SSR WVTI POLICY NUMBER (A1717 YTYL(I FF YfYTYY) miffs
GENERAL LIABILITY
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