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HomeMy WebLinkAboutPR 12084:BASEBALL CONTRACTSTO: FROM: DATE: RE: CITY OF PORT ARTHUR Parks and Recreation MEMORANDUM / Stephen B. Fitzgibbons, City Manager Albert Thigpen, Assistant Director Human Resource Interim Director of Parks & Recreation ..~ February 6, 2003 P. R. #12084, BASEBALL CONTRACTS COMMENTS RECOMMENDATION: I recommend that the City Council adopt Proposed Resolution No. 12084, authorizing the City Manager to execute contracts as follows: two (2) contracts between the Girl's softball league organization and one (1) contract between the Latin American Base-ball league and the City of Port Arthur for the use of city baseball fields this spring. BACKGROUND: The City of Port Arthur provides ball fields for use by the Gids Softball Leagues and the Latin American Base-Ball League (Liga Latino Americana de Base-Ball) with these agreements. The league provide a healthy source of athletic entertainment and/or competition for the youth, young adults and citizens of Port Arthur. BUDGETARY/FISCAL EFFECT: Possible saving of costs related to damage claims. EMPLOYEE/STAFF EFFECT: N/A SUMMARY: I recommend that the City Council adopt Proposed Resolution No, 12084, authorizing the City Manager to execute contracts as follows: two (2) contracts between the Girl's softball league organization and one (1) contract between the Latin American Base-ball league and the City of Port Arthur for the use of city baseball fields this spring. AT/cg P. R. #12084 O2/O6/O3 RESOLUTION NO. ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AS FOLLOWS: TWO (2) CONTRACTS BETWEEN THE BELLAIRE GIRL'S SOFTBALL LEAGUE ORGANIZATION, ONE (1) CONTRACT BETWEEN THE LATIN AMERICAN BASE-BALL LEAGUE AND THE CITY OF PORT ARTHUR FOR THE USE OF STELLY FIELD, STEPHEN'S FIELD, AND LEGER 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: two(2) contracts between the Port Arthur Bellaire Girl's Softball League and one (1) contract between the Latin American Base- ball League and the City of Port Arthur for the use of Stelly Field, Stephen's Field, and Leger 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: P. R. #12084 Page 2 Of 2 02/06/03 - cg Council Members: Ayes: ., Noes: ATTEST: Oscar Ortiz Mayor City Secretary APPROVED FOR ADMINISTRATION: Steven Fitzgibbons ~n APPROVED AS TO FORM: City Attorney EXHIBITS "A - C" A copy of the contracts Exhibits "A through C" is available for nspection in the City Secretary's Office. EXHIBIT "A" STELLY FIELD 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 Bellaire Girls Softball League (referred to in this Agreement as the "League"), for the use of a baseball~field, located in Stelly Field, at 4100 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 baseball games only. In consideration of the mutual promises contained in this Agreement, the League and the City agree as follows: I. NATURE OF AC~ENT 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 Girls ASA Soft 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 approval of the City Manager. H. The League shall not the League that are field after 10:30 p.m. without the remove any structures constructed by attached to the premises owned by the City without first intent to do responsible notifying the Property Maintenance Director of its so and obtaining approval. The League shall be for any damage to the premises or to any other property owned by the City as the League. a result of the removal of any structures by II. DURATION OF AGREEMENT This Agreement shall be in force from the date of the parties until , 2003. signing by III. 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. 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 League regardless of whether said liability, injury, apply to the 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 4 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 costs associated with their noncompliance with this agreement. 5 of SIGNED IN DUPLICATE , 2003. ORIGINALS, this the day CITY OF PORT ARTHUR ATTEST: BY: STEVE FITZGIBBONS CITY MANAGER CAROLYN DIXON, CITY SECRETARY PORT ARTHUR BELLAIRE GIRLS SOFTBALL LEAGUE ATTEST: BY: PRESIDENT SECRETARY EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Bellaire Girls Softball League (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. lx~1 The City agrees to give the League first baseball field located in Stelly Field, located Street, Port Arthur, December 31, 2003. Texas, during the months of The League shall: priority use of a at 4100 39th January 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 Parks and Recreation Director and attached and made a part hereof.) Maintain litter control. The City shall: t. Do major fence repair (if 2. Do minor fence repairs. funds are available). EXHIBIT "A" CONT.: Pay electric bill February through August. be cu{ off September through January. Replace lamps that are burned out. Furnish infield dirt (maximum four (4) loads). Cut outfield grass (upon request) fences if personnel is available. Furnish portable toilets. Maintain bleachers. Electricity will and trim around outside of 1T~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. 1'~ 5 Should the League desire to expand or modify the during the tenure of the contract, by the Health facilities 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. IT~ 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~E M~INTENANCE Stell~ Field 4100 - 39th Street 1 Scoreboard 1 Concession stand with scorekeeper's box and restrooms 1 Large meeting building 2 Covered dugouts with benches 9 EXHIBIT "B" STEPHEN'S FIELD STATE OF TEXAS COUNTY OF JEFFERSON This is an Agreement between the City of (referred to in the Agreement as the "City"), Bellaire Girls the "League"), Stephen's Field, at 4006 - 39th Street, Softball League (referred to in this for the use of a baseball field, Port Arthur, EXHIBIT ~J" Port Arthur, Texas and the Port Arthur Agreement as located in 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 Little League Baseball program "said program") in the City of Port Arthur limited to, the purchase of necessary equipment, (hereinafter called including, but not soliciting and soliciting and 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 obtaining sponsors for teams, if necessary, 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 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 AGREEMENT This Agreement shall be in force from the date of the parties until , 2003. signing by III. 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. IV. INDEMNIFICATION The League covenants and agrees to indemnify, and does hereby indemnify, officers, liability, persons hold harmless and defend, the City of Port Arthur, its employees, and agents from and against any and all loss, damages, expenses or claims for injuries to 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 characteri whether real or asserted, arising out of or incident to either or both ~f 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, apply to the 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, damage claims through injuries occurring in adequate to protect against liability for public use or arising out of accidents or 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 costs associated with their noncompliance with this agreement. 5 EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Bellaire Girls Softball League (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. The City agrees to give the League first priority use of a baseball field located in Stephen's Field, located at 4006 39th Street. Port Arthur, Texas, during the months of April 1 to July 31, 2003. ITEM 2 The League shall: 1. 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. ITEM 3 The C~ty shall: 1. Do major fence repair (if funds are available). 2. Do minor fence repairs. of SIGNED IN DUPLICATE , 2003. ORIGINALS, this the day CITY OF PORT ARTHUR ATTEST: BY: STEVE FITZGIBBONS CITY MANAGER CAROLYN DIXON, CITY SECRETARY PORT ARTHUR BELLAIRE GIRLS SOFTBALL LEAGUE ATTEST: BY: PRESIDENT SECRETARY 6 EXHIBIT "A" CONT.: 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. 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. 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 cu~reah sel~ o£ keys for all locks and update as needed to the Parks and Recreation Director. EXHIBIT "A" CONT. PROPERTY INVENTORY FOR T.~/.~3~ MAINTENANCE Ste~hen's Field 4006 - 39th Street 1 Scoreboard ! Concession stand with scorekeeper's box 1 Batter's cage 1 Wooden storage building 9 EXHIBIT "C" LEGER FIELD STATE OF TEXAS COUNTY OF JEFFERSON This is an Agreement between the (referred to in the Agreement as American Baseball League (referred "League"), for the use of a baseball field, at 3401 17th Street, Port Arthur, Texas. are Collectively referred to as the "Parties". BECITAL City of Port Arthur, Texas the "City"}, and the Latin to in this Agreement as the located in Leger Field, The League and the City 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 Little 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 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. DI~RATION OF AGREEMENT This Agreement shall be in force from the date of signing by the parties until , 2003 III. TEI~INATION 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. 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,OOO.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 right, at its and/or repair facilities are not maintained the City reserves the discretion, to demolish all dilapidated structures 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, this , 2003. CITY OF PORT ARTHUR the day ATTEST: BY: STEVE FITZGIBBONS CITY MANAGER CAROLYN DIXON, CITY SECRETARY LATIN AMERICAN BASEBALL LEAGUE BY: PRESIDENT ATTEST: SECRETARY EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Latin American Baseball League (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM1 The City agrees to give the League first priority use of a baseball field located in Leger Field, located at 3401 17th Street, Port Arthur, Texas, during the months of April 1 to July 31, 2003. ITEM2 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 The City shall: 1. Do major fence repair (if funds are available). 2. Do minor fence repairs. 7 EXHIBIT "A" CONT.: Pay electric bill February through August. be cut off September through January. Replace lamps that are burned out. Furnish infield dirt (maximum four (4) loads). Cut outfield grass (upon request) fences if personnel is available. Furnish portable toilets. Maintain bleachers. Electricity will and trim around outside of I'£~4 4 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. The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. PROPERTY INVENTORY FOR Tm~GUEMAIhT~NANCE Le~er Field 3401 -17th Street 2 Dugouts with benches 1 Scoreboard 8 EXHIBIT "D" CEnT/FICA?E OF .,~TAHOAI'tO FOFIM CONTR/i~,T For~ L~g, OEPARTML~ffT REVIE.~/ AND CIT*F COUIVCIL AG -ENDA [ 1 '~; fof. t~v~nO d~c'r~t, ud prov~an: ~1 Ihe {nd~cctad p~ge, :action, e~. o[ thc =tandra~l' ,~r,n I~ova bo~n ~kqelcd ~'om .:bid 't:oe~;:ac~: DELETIONS Page/~mbcr D dete. d Prnv~.lo~ t Inn Added Provl=lo~t nnd 13e~:crl~llon :r~nca, ~ :~d.ch~g~ ~o ~by