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HomeMy WebLinkAboutPR 12094:BASEBALL CONTRACTSCITY OF PORT ARTHUR MEMORANDUM TO: Stephen B. Fitzgibbons, City Manager DATE: 02/06/03 -- FROM: Dr. Albert T. Thigpen, Intenm Director of Parks and Recreation/~ RE: P. R. ! 2094, League Contracts for Various Baseball Leagues COF'flqENT Recommendation I recommend that the City Council adopt Proposed Resolution No. 12094, authorizing the City Manager to execute contracts as follows: Three (3) contracts between the City of Port Arthur and the League. *This item is left blank due to some Internal issues wkh the Op~inds~ Southern BelleJre Lktle League and the proposed Pony League by the board of the same organization. Both paroles have indicated they will be present to provide the City Council with information on the rotter. Further, this office has contacted the Port Acres Little League representatives who indicated they were un-sure as to what they were going to do regarding league activity. When contacted by league representatives, we will be available to reconmlend awarding contracts on baseball fields for the league. Background The City of Port Arthur provides baseball fields for use by the various leagues (e.g. Girls Softball, etc.) with these agreements. The leagues provide a healthy source of entertainment and/or competition for the youth, young adults, and dtJzens of Port Arthur. Budgetary/Fiscal Effect Possible saving of costs related to damage claims. Employee/Staff Effect None Summary I recommend that the City Conndl adopt Proposed Resolution Ho. ! 2094, authorizing the City Manager to execute contracts as follows: Three (3) contracts between the City of Port Arthur and the leasueo *This item is left blank due to some internal issues ~ the Optimist Southern Bellaire Little League and the proposed Pony League by the board of the same organization. Both parties have indicated they will he present to provide the City Council with Information on cite matter. Further, this office has contacted the Port Acres Little League representatives who Indicated they were un-sure as to what they were going to do regarding league activity. When contacted by league representatives, we will be awllable to recommend awarding conu'acts on baseball fields for the league. RESOLUTION NO. ~' P. R. #12094 02/06/03 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AS FOLLOWS: THREE (3) CONTRACTS FOR THE USE OF GIBSON FIELD, ADAM' S FIELD, AND O'NEAL FIELD THIS SPRING. 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 contracts as follows: three (3) contracts for the use of Gibson Field, Adams Field, and O'Neal Field this spring; a copy of each of said contracts is attached as Exhibits "A - C". That these are standard form contracts with the changes as denoted in Exhibit THAT the City Manager be authorized to execute the standard contract with any duly approved league if a field is available. 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., 2003, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: Council Members: Ayes: .. Noes: P. R. #12094 Page 2 Of 2 02/06/03 - cg ATTEST: City Secretary APPROVED FOR ADMINISTRATION: Steven Fitzgibbons ~r~ IntedmDirector of Parks & Recreation APPROVED AS TO FORM: City Attorney Oscar Ortiz Mayor EXHIBIT "A" GIBSON FIELD STATE OF TEXAS COUNTY OF JEFFERSON This is an Agreement between the City of Port Arthur, (referred to the the ,'League"), for the use of a baseball Texas the Agreement as the "City"), and League (referred to in this Agreement as field, located in Gibson Field, at 6010 Park Road/Adams, 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 facilities for the purpose of conducting baseball games certain 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 1 and 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 League 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. 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 and the League. 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. II. DURATION OF AGREEMENT This Agreement shall be in force from the date of signing by the parties until , 2003. III. TE~RATION OF AG~m~TT 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. IV. 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 3 following: (1) the activities of the League, or (2) operations under or otherwise incident to the provisions of contract. The League hereby assumes all liability responsibility for injuries, 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 League regardless of whether said liability, injury, expenses or claim is caused in part by the City or employees, or agents. V. PUBLIC LIABILITY INSD%~ANCE the this and claims or suits for damages to person apply to the loss, damage, its officers, 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. If the facilities right, and/or IV. are not maintained the City reserves the at its discretion,. To demolish all dilapidated structures 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. 5 of SIGNED IN DUPLICATE ORIGINALS, , 2003. this the day CITY OF PORT ARTHUR BY: STEVE FITZGIBBONS CITY MANAGER ATTEST: CAROLYN DIXON, CITY SECRETARY LEAGUE BY: PRESIDENT ATTEST: SECRETARY EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the League (hereinafter called "League") and the City of Port Arthur use of certain baseball facilities in City parks. ITEM 1 The City agrees to give the League baseball field located in Adams Field, Road/Adams, Port Arthur, Texas, during the July 31, 2003. The League shall: ITEM 2 for the first priority use of a located at 6030 Park months of April 1 to Maintain the fields daily by dragging, marking, filling in holes on game days. Operate and maintain concession stands. 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 Park and Recreation Director and attached and made a part hereof.) Maintain litter control. ITEM 3 The City shall: 1. Do major fence repair (if 2. Do minor fence repairs. funds are available). 7 EXHIBIT "A" CONT.: Do minor fence repairs· Pay electric bill February through August. be cut off September through January. Replace lamps that are burned out. Furnish infield dirt (maximum four (4) Cut outfield grass (upon request) fences if personnel is available. Furnish portable toilets. Maintain bleachers. Electricity will loads). and trim around outside of 1T~44 Operation of the concession stand will be managed League, and proceeds will be used for their operation. Health permits or approval from the Port Arthur Department will be required to sell any foods. ITEM 5 Should the League desire to during the tenure of the contract, said improvements and notify the any such changes. by the Health expand or modify the facilities the League shall pay the cost of Parks and Recreation Director of Ail expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. EXHIBIT "A" CONT: PROPERTY INVENTORY FOR T.~-~T~ ~I~'~NCE Gibson Field 6010 Park Road/Adams 1 Scoreboard 1 Concession stand 9 EXHIBIT "B" O'NEAL FIELD STATE OF TEXAS COUNTY OF JEFFERSON This is an Agreement between the City of (referred to in the Agreement as the the "League") , Port Arthur, Texas "City"), and the League (referred to in this Agreement as for the use of a baseball field, located in O'Neal Field, at 6020 Park Road/Adams, 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 1 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 League 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. 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. Go 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 and the 2 League. 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 Property Maintenance 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. II. DURATION OF AGR~ This Agreement shall be in force from the date of signing by the parties until , 2003. III. TEI~/~INATION OF AG~R~D~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. IV. 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 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. V. 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. VI. 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 cost associate with their noncompliance with this agreement. of SIGNED IN DUPLICATE ORIGINALS, , 2003. this the day CITY OF PORT ARTHUR ATTEST: BY: STEVE FITZGIBBONS CITY MANAGER CAROLYN DIXON, CITY SECRETARY LEAGUE ATTEST: BY: PRESIDENT SECRETARY EXHIBIT "A" This Exhibit shall be attached Agreement between {hereinafter called "League") construed in conjunction with the the League and the City of' Port Arthur for the use of certain baseball facilities in City parks. ITEM I The City agrees to give the League first priority use of a baseball field located in O'Neal Field, located at 6020 Park Road/Adams, Port Arthur, Texas, during the months of April 1 to July 31, 2003. The League shall: ITEM 2 o 4 o Maintain the fields daily by dragging, marking, filling in holes on game days. Operate and maintain concession stands. 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.) Maintain litter control. The City shall: 1. Do major fence repair (if 2. Do minor fencD repairs. ITEM 3 funds are available). 7 F.,XH~B~T "~" COI'~T.: Pay electric bill February through August. be cut off September through January. Replace lamps that are burned out. Furnish infield dirt (maximum four (4) Cut outfield grass (upon request) fences if personnel is available. Furnish portable toilets. Maintain bleachers. Electricity will loads). and trim around outside of ITEM 4 Operation of the concession stand will be managed League, and proceeds will be used for their operation. Health permits or approval from the Port Arthur Department will be required to sell any foods. ITEM5 Should the League by the Health 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. l~l 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. 8 EXHIBIT "A" CONT PROPERTY INVENTORY FOR T~G~EM~i'~I~'~ANC~ O'Neal Field 6020 Park Road/Adams 1 Scoreboard 1 Batter's cage 1 Concession stand 9 EXHIBIT "C" ADAMS FIELD STATE OF TEXAS COUNTY OF JEFFERSON This is an Agreement (referred to in the League between the City of Agreement as the (referred to in EXHIBIT "A" Port Arthur, Texas "City"), and the this Agreement as the located in Adams Field, and the "League"), for the use of a baseball field, at 6030 Park Road/Adams, Port Arthur, Texas. The League 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. 1 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 League 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. 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 and the League. 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 Property Maintenance 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. II. DURATION OFAGREEMENT This Agreement shall be in force from the date of signing by the parties until , 2003 III. TEI~4INATIONOF 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. and does hereby IV. INDE~IFICATION The League covenants and agrees to indemnify, 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 arising out of or incident to either or both of the or asserted, following: (1) the activities of the League, or operations under or otherwise incident to the provisions of contract. The League hereby assumes all liability (2) the this 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. 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 Agreement are not kept in force during the entire term of this 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. VI. 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. of SIGNED IN DUPLICATE ORIGINALS, , 2003. this the day CITY OF PORT ARTHUR BY: STEVE FITZGIBBONS CITY MANAGER ATTEST: CAROLYN DIXON, CITY SECRETARY LEAGUE BY: PRESIDENT ATTEST: SECRETARY 6 EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the League (hereinafter called "League") and the City of Port Arthur use of certain baseball facilities in City parks. for the The City agrees to give the League first priority use of a baseball field located in Adams Field, located at 6030 Park Road/Adams, Port Arthur, Texas, during the months of April 1 to July 31, 2003. ITEM 2 The League shall: 1. 4 o Maintain the fields daily by dragging, marking, filling in holes on game days. Operate and maintain concession stands. 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 Park and Recreation Director and attached and made a part hereof.} Maintain litter control. ITEM 3 The City shall: 1. Do major fence repair (if funds are available). 2. Do minor fence repairs. 7 CONTRACT EXHIBIT "A" Page 2 of 3 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. Cut outfield grass (upon request) and trim around outside of fences if personnel is available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM4 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. IT~mf5 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. Ail expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. 8 CONTRACT EXHIBIT "A" PAGE 3 of 3 PROPERTY INVENTORY FOR T.~.~G0~- M~I~T~NCE Adams Field 6030 Park Road/Adams 1 Scorekeeper's building 1 Monument 1 Flagpole 2 dugouts with benches 9 EXHIBIT "D" %'* CEI1TIFIC.4TE OF ~TANDAr~O FOI1M CONTRA~T FOI'I DEPARTMLrI~T REVJ~Y AND C/TI' COUIVCIL AG -ENDA pr~ ~p~ by ~ ~w dep~rimen ~ A~opted ~ a ~laAd~d fo~m by Ci ~ Ce~nc~ ReAO~U~fl except 7/oP(~), { ] CDOG - Prc~::ionel g4~= ~ No6.~0~needno [~m~lnnl) C~lracL Rn~:cU 11~00. 51o0(~'~. 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