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HomeMy WebLinkAboutPR 20695: PORT ARTHUR AMERICAN LITTLE LEAGUE-2019 SOFTBALL LEAGUE oliI*,, Ciry of ort rthur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 12, 2019 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Chandra Alpough, Director of Parks and Recreation 1\_.19 "-* RE: PR 20695-Port Arthur American Little League-2019 Softball League Introduction: The intent of this Agenda Item is to request the City Council's approval for the City Manager to execute a contract with Port Arthur 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: It is recommended that City Council approve the City Manager to execute a contract with Port Arthur American Little League for the use of Virginia/Sal Grado Field at Pioneer Park. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P.R.# 20695 02/12/19 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, the Port Arthur American Little League has met the insurance requirement and the insurance certificate is attached hereto as Exhibit "B". 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., 2019, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:Mayor Councilmembers: NOES: P.R.# 20695 02/12/19 ca Derrick "Ford" Freeman Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: jA D Val Tizeno, Esq. City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager CrwdilcL Chandra Alpough 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 17th 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, 2019. 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: (I) 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 , 2019. 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 17`" Street, Port Arthur, Texas, from the date of signing by the parties until August 31, 2019. 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 EXHIBIT "B" A`CORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/019 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT David Irwin NAME: Keystone Risk Managers, LLC (ac No,Ext1: (570)473-2150 (AIDC,No): (570)473-2151 1995 Point Township Drive ADDRESS: Dlrwin©Keystoneinsgrp.com INSURER(S)AFFORDING COVERAGE NAJC# _ Northumberland PA 17867 INSURER A: Lexington Insurance Company 19437 INSURED INSURER B: AIG Specialty Insurance Company 26883 Little League Baseball Risk Purchasing Group, Incorporated INSURERC: _ PORT ARTHUR AMERICAN LL INSURERD: 2508 GLENWOOD DR INSURERE: _ PORT ARTHUR TX 77642 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 CERTIFICATE 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IP TR TYPE OF INSURANCE NSD WM POUCY NUMBER IMM DI D1YYYY) (MMIDD YCY EFF POLICY YYYI, LIMITS X COMMERCIAL GENERALUABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE lRI OCCUR PREMISES Ea occurrence) __ $ 300,000 MED IXP(Any one person) _$ Excluded _ A X 011225826 01/28/2019 01/01/2020 PERSONAL&ADV INJURY_ $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PE1,000,000POLICY LOC PRODUCTS-COMP/OPAGG $T X OTHER Per League SEXUAL ABUSE OCC/AGG $ 1M/$2M AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) _ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ _ EXCESS UAB CLAIMS-MADE AGGREGATE $ , DED I RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABIUTY YIN STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS belowE.L.DISEASE-POLICY LIMIT $ Y i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as Additional Insured per form CG 2026(04/13) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Port Arthur THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 9th Ave.and 17th St AUTHORIZED REPRES- •TIV APPort Arthur TX 77€42 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DA 0022/08/19/08/19 PRODUCER CERTIFICATE#: 3433208-2019-1 9 43 32 Keystone Risk Managers, LLC 1995 Point Township Drive Northumberland,PA 17867 INSURERS AFFORDING COVERAGE: ADDITIONAL NAMED INSURED INSURER A: Lexington Insurance Company PORT ARTHUR AMERICAN LL INSURER B: National Union Fire Insurance Company of DWIGHT FOBBS (Non-Liability) Pittsburgh,PA 2508 GLENWOOD DR AIG Specialty Insurance Company PORT ARTHUR,TX 77642 INSURER C: 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 CERTIFICATE 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 ADD'L POUCY EFFECTIVE POUCY EXPIRATION LTR NAMED TYPE OF INSURANCE POUCY NUMBER UMITS DATE(MM/DDYYY) DATE(MM/DD/YYYY) /Y INSRD _ GENERAL LIABILITY • EACH OCCURRENCE $1,000,000 A X X011225826 01/28/2019 01/01/2020 $2,000,000 OCCURRENCE GENERAL AGGREGATE X INCL PARTICIPANTS Property Damage Deductible:$250 PRODUCTS/COMPAGGREGATE OPS $1,000,000 Sexual Abuse $1,000,000 XSEXUAL ABUSE OCCURRENCE Sexual Abuse $2,000,000 AGGREGATE MEDICAL PAYMENTS Any One Person EACH LOSS $1,000,000 A X DIRECTORS&OFFICERS 019329346 01/01/2019 01/01/2020 AGGREGATE $1,000,000 C X CYBER LIABILITY COVERAGE 19326190 01/01/2019 01/01/2020 LIMIT IILIABILITY CLAIMSMADE $100,000 PER LEAGUE AGGREGATE S&P SECURITY AND PRIVACY LIABILITY $100,000 PER LEAGUE SUBLIMIT OF LIABILITY RETROACTIVE DATE CONTINUITY DATE INSURANCE $1,000 PER LEAGUE RETENTION POLICY INCEPTION POLICY INCEPTION REGULATORY ACTION SUBLIMIT OF $100,000 PER LEAGUE SUBLIMIT OF LIABILITY LIABILITY $1,000 PER LEAGUE RETENTION EM $100,000 PER LEAGUE SUBLIMIT OF LIABILITY NOT APPLICABLE POLICY INCEPTION EVENT MANAGEMENT INSURANCE $1,000 PER LEAGUE RETENTION EACH LOSS $35,000 CRIME COVERAGE Crime Deductible:$250 Property/$1,000 Money AGGREGATE NONE As in Master Policy: As in Master Policy B X SPORTS EXCESS ACCIDENT SRG9105434 01/01/2019 01/01/2020 Med.Max.$100,000 Excess Deductible $50 "X"INDICA ES COVERAGE(S)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,but only with respect to liability arising out of the above named Little League's maintenance or use of ball fields,or other premises loaned,donated,or rented to that Little League by such person or organizations and subject to the following additional exclusions: 1.Structural alterations,new construction,maintenance,repair or demolition operations performed by or on behalf of the person or organization designated in the Schedule and/or performed by the above named Little League;and 2. That part of the ball field or other premises not being used by the above named Little League. NAME AND ADDRESS OF PERSON OR ORGANIZATION: City of Port Arthur 9th Ave.and 17th St 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 Little League Baseball Risk Purchasing Group,Incorporated WITH THE POLICY PROVI s. 539 U.S. RT. 15 Highway South Williamsport,PA 17702 .. I AUTHORIZED EPRESENTATIVE