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HomeMy WebLinkAboutPR 11989: MARTIN FIELDTO: Stephen B. Fitzgibbons, City Manager ~ate: 11/08/02 FM: Dr. Albert T. Thigpen, Assistant Director of Human Resources~ RE: Adoption of Proposed Resolution No. 11989 authorizing the City Manager to execute a contract between the Lamar State College Fort Arthur and the City of Port Arthur for the use of the City's baseball field at Martin Field (1048 L~keshore Drive - next to the former Armory Building) fi.om JanuaD' 2003 through June 2003 COMMENT Recommendation: I recommend that the City Council adopt proposed Resolution No. 11989 which authorizes the City Manager to execute a contract between Lamar State College Port Arthur and the City of Port for the use of the City's baseball field at Martin Field (1048 Lakeshore Drive- next to the former Armory Building) from January 2003 through June 2003. Background: As you are aware, there exists a long history of cooperative efforts between the City of Port Arthur and Lamar State College Port Arthur. Lamar State College Port Arthur continues to Grow in enrollment and in type of academic, and related, programs offered. It is increasingly becoming the higher education institution of choice for a large number of local graduates. The college is seen as a unique bridge opportunity affording the academic and social requirements of higher education while maintaining a ~home town" flavor. The advent of the construction'of the Carl Parker Multi-purpose Building has led to current, and planned, increases in the types of physical education courses offered. The contract as recommended is very similar in nature to those used by the City when 'contracting' baseball fields to the various little league organizations in the area. Lamar State College Port Arthur will use the field to conduct baseball classes, baseball tournaments, and intra-mural baseball games. Lamar State College Port Arthur has offered to assume the maintenance of Martin Field during the period of the contract. This will result in a savings to the City. Additionally, the contract will not preclude the use of Martin Field by citizens. Budgetary/Fiscal,Effect: Approval of this recommendation would expenditure of funds. not require any Staffinq/Employee Effect: Adoption of the proposed staffing levels. resolution would have no impact on Summary: I recommend that the City Council adopt proposed Resolution No. 11989 which authorizes the City Manager to execute a contract between Lamar State College Port Arthur and the City of Port for the use of 'the City's baseball field at Martin Field (1048 Lakeshore Drive - next to the former Armory Building) from January 2003 through June 2003. P. R. No. 11989 10/22/02jb RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ONE (1) CONTRACT BETWEEN LAMAR STATE COLLEGE PORT ARTHUR (LSCPA) AND THE Ci'TY OF PORT ARTHUR FOR THE USE OF CITY'S BASEBALL FIELD AT MARTIN FIELD FROM 3ANUARY 2003 THROUGH 3UNE 2003. WHEREAS, Lamar State College Port Arthur (LSCPA) has requested to use Martin Field, which is located adjacent to the former armory building and seawall entrance; and WHEREAS, the City is willing to allow Lamar State College to use this field on substantially the same terms as other users ( i.e baseball leagues). NOW THEREFORE, BE I'T RESOLVED BY THE Ct'TY COUNCt'L OF THE CI'TY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council of the City of Port Arthur hereby authorizes the City Manager to execute one (1) contract between Lamar State College of Port Arthur (LSCPA) and the City of Port Arthur for the use of the City baseball field at Martin Field from January 2003 through June 2003 in substantially the same form as Exhibit "A". Section 3. That a copy of the caption Of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this __ day of , A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: IVlayor , City Council , z.pr11989 NOES: A~E~: OSCAR ORTIZ, MAYOR EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY AI-FORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.prl 1989 EXHIBIT "A" STATE OF TEXAS COUNTY OF 3EFFERSON This is an Agreement between the City of Port Arthur, Texas (referred to in the Agreement as the "City'£), and Lamar State College Port Arthur (referred to in this Agreement as the "LSCPA"), for the use of the Martin Field located adjacent to the former armory building and the Seawall entrance in Port Arthur, Texas. LSCPA and the City are collectively referred to as the "Parties". RECITALS The purpose of this Agreement is to state the terms and conditions under which the LSCPA is permitted to use City premises for the purpose of conducting LSCPA baseball tournaments, baseball classes and baseball games only. In consideration of the mutual promises contained in this Agreement, the LSCPA 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 p~rk property by anyone other than the City. Therefore, this Agreement shall not be construed as giving said control to the LSCPA. B. The City agrees to permit the LSCPA to use certain facilities for the purpose of conducting baseball games, baseball tournaments, and baseball classes only. C. The LSCPA 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 LSCPA agrees to do all things necessary to manage and administer baseball classes, baseball tournaments and baseball games (hereinafter called "said program") in the City of Port Arthur. 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. F. It is expressly agreed and understood by all parties hereto that the LSCPA 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 LSCPA. G. Inasmuch as the facilities are on public property, the LSCPA agrees to permit the public to use the field any time that they are not being used by the LSCPA for baseball tournaments, baseball games or baseball classes. The LSCPA agrees to provide the City Parks and Recreation Department with at least two (2) weeks notice before a scheduled baseball tournament, game or class. Any other use of the field by LSCPA is strictly understood by the parties to be general use. H. The LSCPA shall not remove any structures constructed by the LSCPA that are attached .to the premises owned by the City without first notifying the Parks & Recreation Director of its intent to do so and obtaining approval. The LSCPA 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 LSCPA. II. DURATION OF AJ~REEI~IENT This Agreement shall be in force from the date of signing by the parties until .lune 30, 2003. ITT. TERI4INATION OF AI~REEI~ENT 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. . TV. INDEI~INIFICATION The LSCPA 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 followir~g: (1) the activities of the LSCPA, or (2) the operations under or otherwise incident to the provisions of this contract. The LSCPA hereby assumes all liability and responsibility for injuries, claims or suits for damages to person or property, of whatever kind of character, whether real or asserted, arising out of or incident to either or both of the following: (1) the activities of the LSCPA, or (2) the operations under or otherwise incident to the provisions of this contract. The foregoing indemnification provision shall apply to the LSCPA regardless of whether said liability, injury, loss, damage, expenses or claim is caused in part by the City or its officers, employees, or agents. V. PUBLZC LZABILZTY INSURANCE The LSCPA 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 $1,000,000 for each person injured, $300,000 for any one incident, and $1,000,000 property damage. The insurance policies shall name the City and its officers, emplo~/ees and agents as an additional insured. The policies shall be delivered to the City Manager for keeping. The LSCPA agrees to obtain a written agreement from the insurers to notify the City in writing at least thirty (30) days prior to cancellation or refusal to renew any of the policies. The LSCPA 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 therefore, and the LSCPA shall repay the premium to the City the next month following the date on which the premium is paid. SZGNED this the __ day of ,2002. CITY OF PORT ARTHUR All'EST: BY: Stephen Fitzgibbons, City Manager Evangeline Green, City Secretary SIGNED this the __ day of ., 2002. LAMAR STATE COLLEGE PORT ARTHUR BY: 'ITI'LE: Secretary EXH1~B~T "A" This"'Exhibit shall be construed in conjunction with the attached Agreement between Lamar State College of Port Arthur (LSCPA) (hereinafter called "LSCPA'~ and the City of Port Arthur for the use of Martin Field. ZTEH 1 The City agrees to give the LSCPA first priority use' of a baseball field located at Hartin Field, Port Arthur, Texas, during baseball tournaments, baseball games and baseball classes during the months of January 2003 through .lune 2003, for which the LSCPA agrees to give the City two (2) weeks prior notice of such tournaments or classes. The LSCPA shall: 1. ~LTEM 2 Maintain the fields by cutting the grass and trimming around the fences at least twice per month between the time period of January 1, 2003 and June 30, 2003. Maintain litter control. Litter must be removed after each tournament, game or class. Failure to remove litter will violate Contractual Agreement. ITEI~ 3 Should the LSCPA desire to expand or modify the facilities during the tenure of the contract, the LSCPA 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 Inspections Department. ITEM 4 The LSCPA will, if requested, provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. ITEN 5 The LSCPA may have first priority use of Martin Field only for LSCPA tournaments, games and classes for which the City has received two (2) weeks advanced notice. At all other times, the use of Martin Field between the period of January l, 2003 and June 30, 2003 will be general (i.e., not first priority) use.