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HomeMy WebLinkAboutPR 20760: FAST PITCH AMERICAN SOFBALLL ASSOCIATION, LLC. - MID COUNTY MOJO 09 001111�//ii Cu)'of -3 - ort rthur www.P o rtA rt h u rTx.g ov INTEROFFICE MEMORANDUM Date: March 28, 2019 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Chandra Alpough, Director of Parks and Recreation 00/\--- RE: _RE: PR 20760-Fast Pitch American Softball Association, LLC. — Mid County Mojo 09 Introduction: The intent of this Agenda Item is to request the City Council's approval for the City Manager to execute two(2)contracts with the Fast Pitch American Softball Association,LLC.—Mid County Mojo 09 for the use of Stephen's Field and Eli Stelly Field located at Cecil Reynolds Park. Background: Softball provides a source of entertainment for spectators and exercise/entertainment for participants. The Fast Pitch American Softball Association — Mid County Mojo 09 is a select softball team that serves the Mid County area.The city currently doesn't have a fast pitch softball league. The Fast Pitch American Softball Association — Mid County Mojo 09 wants to utilize the fields at Cecil Reynolds Park for softball practice and games. The Fast Pitch American Softball Association—Mid County Mojo 09 will assist with the maintenance and up keep of the fields during the season. They have also met the insurance requirement and the insurance certificate is attached. Budget Impact: None Recommendation: It is recommended that City Council approve the City Manager to execute two (2) agreements with the Fast Pitch American Softball Association, LLC. —Mid County Mojo 09 for the use of Stephen's Field and Eli Stelly Field located at Cecil Reynolds 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.# 20760 03/28/19 ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TWO (2) CONTRACTS BETWEEN THE CITY OF PORT ARTHUR AND THE FAST PITCH AMERICAN SOFTBALL ASSOCIATION, LLC.- MID COUNTY MOJO 09 FOR THE USE OF STEPHEN'S FIELD AND ELI STELLY FIELD LOCATED AT CECIL REYNOLDS 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 two (2) contracts between the City of Port Arthur and the Fast Pitch American Softball Association, LLC — Mid County Mojo 09 for the use of City softball fields this spring, a copy of each of said contracts are attached as Exhibits "A and B". THAT, this resolution authorizes contracts with, and field use by, the Fast Pitch American Softball Association, LLC. — Mid County Mojo 09 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 Fast Pitch American Softball Association, LLC. — Mid County Mojo 09 has met the insurance requirement and the insurance certificate is attached hereto as Exhibit "C". 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.# 20760 03/28/19 ca Derrick "Ford" Freeman Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno, Esq. City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager 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 Fast Pitch American Softball Association, LLC-Mid County Mojo 09 (referred to in this Agreement as the "League"), for the use of a softball field, located in Stephen's Field, at 4006 39th 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 softball 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 softball 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 Fast Pitch American Softball 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 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 , 2019. CITY OF PORT ARTHUR BY: CITY MANAGER ATTEST: CITY SECRETARY FAST PITCH AMERICAN SOFTBALL ASSOCIATION,LLC MID COUNTY MOJO 09 BY: PRESIDENT PRINT NAME: ATTEST: SECRETARY 5 EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Fast Pitch American Softball Associaition, LLC-Mid County Mojo 09 (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 softball field located in Stephen's Field, located at 4006 39th 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 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 Stephen's Field 4006 39th Street 1 Scoreboard 1 Concession Stand with scorekeeper's box 1 Batter's Cage 1 Wooden storage building 8 EXHIBIT "B" 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 Fast Pitch American Softball Association, LLC-Mid County Mojo 09 (referred to in this Agreement as the "League"), for the use of a softball field, located in Eli Stelly Field, at 4006 39th 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 softball 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 softball 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 Fast Pitch American Softball 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 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 , 2019. CITY OF PORT ARTHUR BY: CITY MANAGER ATTEST: CITY SECRETARY FAST PITCH AMERICAN SOFTBALL ASSOCIATION,LLC MID COUNTY MOJO 09 BY: PRESIDENT PRINT NAME: ATTEST: SECRETARY 5 EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Fast Pitch American Softball Association, LLC-Mid County Mojo 09 (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 softball field located in Eli Stelly Field, located at 4006 39th 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 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 Eli Stelly Field 4006 39th Street 1 Scoreboard 1 Concession Stand with scorekeeper's box 1 Batter's Cage 1 Wooden storage building 8 EXHIBIT "C" ACORDTM CERTIFICATE OF LIABILITY INSURANCE DAT E(MMJOOIYYYY) 03/27/2019 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 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 Chappell Insurance Agency NAME richard@chappellinsurance.com @ ppellinsurance.com 25807-A Cox Rd PHONE 1404-733-2020 FAX 804-733-2968 Petersburg,VA, 23803 (AJC.No.Ext). (AJC.No). E-MAIL support@chappellinsurance.com ADDRESS: INSURED INSURER(S)AFFORDING COVERAGE NAIC* Fast Pitch America Softball Association, LLC INSURER A: Nationwide Mutual Insurance Company 23787 8407 Dogwood Trail INSURER B: Hartford Life and Accident Company 70815 Haughton, LA 71037 INSURER C (1)Team Name(s): Mid County Mojo 09 INSURER D. INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: FP-SB-31-000005 REVISION NUMBER: THIS IS TO CERT FY THAT THE POI .:ES OF INSURANCE LISTED BE_OW HAVE BEEF, ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER 00 NOICATED 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS CP SUCH POI.CIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDLSUBR POLICY EFF POLICY EXP LIR TYPE OF INSURANCE INSO WVD POLICYNUMBER (MMIDDIYYYY) (MMWDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2.000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED X Abuse Molestation-$1 million/S2 million PREMISES(Ea oteurrencei 300,000 A X PLL-$2,000,000 MED EXP(Any one person) X RPG303144-00 01/01/2019 01/01/2020 72 01 AM 12 Ot AM PERSONAL 8 ADV INJURY 2,000,000 CE- L AGGREGATE LIMIT APPLIES 'ElGENERAL AGGREGATE 5,000,000 POLICY PROJECT PRODUCTS.COMP/OPAGG 2,000,000 OTHER PARTICIPANT LEGAL LIABILITY 2,000,000 UMBRELLA LIAB OCCUR EACHOCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE GED I I RETENTIOt. EXCESSMEDICatL PARTICIPANT ACCIDENT _ 1201 AM DEDUCTIBLE )LS=R'F- GF'.)PLAT 'LCCAT _ .L I . THi.: Al. _ -b• ^.n.�t •t c•scacc• sre;.:.r•-T. The certificate holder listed below is an additional insured with respect to the operations of the named insured.This insurance covers one (1)team only with maximum of 20 players per team for Softball. Coverage Effective From 03/27/2019 TO 01/01/2020 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Port Arthur BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 444 4th St. IN ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur,TX 77640 AU T HO RIZED REPR ESEN TAT[VE Certificate Number: FP-SB-31-000005 ./-14,14)" ACORD 25 (2014/01) @1998-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD