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HomeMy WebLinkAboutPR 12105:BASEBALL CONTRACTSCTTY OF PORT ARTHUR Parks & Recreation MEMORANDUM TO: FROM: DATE: RE: Stephen B. Fitzgibbons, City Manager Albert Thigpen, Assistant Director Human Resourc Interim Director of Parks & Recreation February 24, 2003 ~. R. #1210~ BASEBALL CONTRACTS COMMENTS RECOMMENDA'r~ON: I recommend that the City Council adopt Proposed Resolution No. 12105, authorizing the City Manager to execute contracts as follows: three (3) contracts between the Port Acres Little League and the City of Port Arthur for the use of city baseball fields this spring. Said fields being Eagles Field, Pee Wee Field, and Miguez Field. BACKGROUND: The City of Port Arthur provides ball fields for use by Port Acres Little League with these agreements. The league provides a healthy source of athletic entertainment and/or competition for the youth, young adults, and citizens of Port Arthur. BUDGET 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. 12105, authorizing the City Manager to execute contracts as follows: three (3) contracts between the Port Acres Little League ano the City of Port Arthur for the use of city baseball fields this spring. Said fields being Eagles Field, Pee Wee Field, and Miguez Field. AT/cg P. R. #12105 02/24/03/cg RESOLUTION NO. A RESOLUTION AUTHORIZING TIlE CITY MANAGER TO EXECUTE CONTRACTS AS FOLLOWS: THREE (3) CONTRACTS BETWEEN THE PORT ACRES LITTLE LEAGUE AND THE CITY OF PORT ARTHUR FOR THE USE OF EAGLES FIELD, PEEWEE FIELD. AND MIGUEZ 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 the contract as follows: three [3) contracts between the Port Acres Little League and the City of Port Arthur for the use of Eagles Field, Pee Wee Field, and Miguez 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 "D". 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. 12105 02/24/03/cg/p.2 ATTEST: Mayor, Oscar Ortiz City Secretary APPROVED FOR ADMINISTRATION: City Manager, Steven Fitzgibbons ~S~/~Rer/~creation APPROVED AS TO FORM: City Attorney EXHIBIT "A' P. R. #12105 02/25/03/cg STATE OF TEXAS COUNTY OF JEFFERSON This il (referred to Little League 5he use of a an Agreement.between the City of Port Arthur, Texas in the Agreement as the "City"), and the Port Acres (referred to in this Agreement as ~he "League"), for baseball field, located in Eagles Field, at 2998 59th Street, Port Arthur, Texas. The League and the City are Collectively referred to as the "Parties". RECITAL The purpose of this Agreemen5 is to ssase for the purpose of conducting In consideration of the Agreemens, the League and the City agree as I. NATURE OF AGREEMENT A. Each party recognizes the law 5o perml~ exclusive anyone osher 5hah the City. be conssrued as giving said control to 5he League. the 5erms and League baseball games only. mutual promises conuained follows: in this un== the City has nc authority under control of Public Park propersy by Therefore, 5his Agreemen5 shall not ' 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-~he performance of certain duties and maintenance of certain facilities described in Exhibit ~"A"~ asuacked hereto and made a part hereof. D. The League agrees 5o do all things necessary to manage and League Baseball program (hsrsinafter called not administer a Little "said program") in the City of Port Arthur including, but limited to, the purchase of necessary equipmens, soliciting obtaining sponsors for teams, directing managers of teams and leagues, providing personnel and the performance of all other acts that said program is successful. and if necessary, soliciting and officiating necessary 5o insure E. The City of Port Arthur does no5 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 consractor in its relationship to the City of Port Arthur. Nothing herein contained at any time or in any manner shall be conssrued 5o effect a contract of partnership or joint venture or render any parsy hereto the employer or masEer of any other party and/or 1ss, 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. DURATION OF AGREEMENT This agreement shall be in force from the date of siguing by the parties until August 3 I, 2003. 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. said Agreement may be terminated at an3' time by mutual agreement of the parties. iV. 1]~IDEMNIFICA TION 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 the following: (1) the activities of the LeagTe, or (2) the operations under or otherwise incident to the provisions of this contract. ~he 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 cr 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 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, foregoing indemnification provision shall apply t6 the 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 4 writing at least 30 days prior to cancellation-6r r----efusal to renew any of the policies. The League agrees that if the insurance policies are not kept in force during the entire Eerm 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 snruc5ures. Depending on the na5ure 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, ,2003. this the day of CITY OF PORT ARTHUR BY: Steve Fitzgibbons CITY MANAGER ATTEST: CITY SECRETARY PORT ACRES LITTLE LEAGUE ATTEST: BY: PRESIDENT SECRETARY EXHIBIT "A" This Exhibit shall be attached Agreement between (hereinafter called "League") use of certain baseball The City agrees to give the baseball field located in Eagles Street, Port Arthur, Texas, 31, 2003. construed in conjunction with the the Port Acres Little L~ague and the City of Port Arthur for the facilities in City parks. ITEM1 League first priority use of a Field, located a~ 2998 - 59th during the ~onths of April 1 to Augus~ The League shall: Maintain the fields holes on game days. ITEM 2 daily by dragging, marking, filling in Operate and maintain concession stands. Maintain and repair any and all structures constructed by the League including dugouss, scoreboards, press boxes, and ssorage 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 ma~or fence repair 2. Do minor ITEM 3 (if funds are available). fence repairs. EXHIBIT "A" CONT. 3. Pay electric bill February through August. be cut off September through January. 4. Replace lamps that .are burned out. o Furnish infield dirt Cut outfield grasses fences if personnel (maximum four (upon request) is available. Electricity. will (4) loads). and trim around outside of Furnish portable toilets. Maintain bleachers. ITEM 4 Operation of the concession sEand 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 during the tenure of the contract, the League shall the facilities pay the cost of said improvements and notify the Parks and Recreation Direcsor of any such changes. ~ All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department. locks The League will provide and update as needed to ITEM 6 a current set of keys for all the Parks and Recreation Director. 8 EXHIBIT ~A" CONT.: PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Eagles Field 2998 - 59th Stree~ 1 Scoreboard 1 Concession stand 2 Dugouts with benches EXHIBIT "B" P. R.#12105 02/25/03/cg STA~F TEXAS COUNTY OF JEFFERSON This i~ an Agreement between the City of Port ~thur, Texas referred to in the Agreement as the "City"), and the Pomt Acmes Little League {referred to in this Agreement as the "League"), for the use of a baseball field, located in Pee Wee Field, at 2420 Park Road/County, Port Arthur, Texas. The League and the City are Collectively referred to as the "Parties". RECITAL The purpose of this Agreement is to state Agreement, the League and the City agree as the terms and conditions under which the Laague is permitted to use City premises for the purpose of conducting League baseball games only. In consideration of the mutual promises contained in this follows: the law NATURE OF AGREEMENT Each party recognizes that the City has no authority under 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. ~.~ The League agrees to be responsible~fS-z%-~~rmance of certain duties and maintenance of certain facilities described in Exhibit "AW~ a~taChed 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 limited to, the purchase of necessary obtaining sponsors for teams, directing managers of teams and personnel and the performance of all other acts necessary to that said program is successful. Arthur including, but not equipment, soliciting and if necessary, soliciting and leagues, providing officiating insure 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 no the City of Port Arthur. Nothing herein contained at any nlme or in any manner shall be construed to effect a consrac5 of partnership or the employer or master of agenss oz representatives. joint venture or render any party hereto any other parsy and/or its~ employees, All necessary personnel shall be deemed agents or employees of the League. G. Inasmuch as the facilities are League agrees 5o permit the public no use Time that they are not being used by the on public propersy, the the fields and snands any League; however, 5he City agrees that any use of the fields or ssands by any person or group other than the League muss be approved by 5he 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 o~ed by the City as a result of the removal of any structures by the League. II. This agreement shall be in force from the date of signing by the parties until August 3 I, 2003. III. TERMINATION OF AGREEMENT Fhis agreement may be terminated by either party giving thirty (30) days written notice to the other parry of its desire to terminate said Agreement. said A~eement 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 the or a~s-~rted, following: (1) the activities of the League, or operatlons under or otherwise incident go the provisions contract. The responsibility for or propersy, of asserted, arising following: /~ operations under or contract. arising-out of or ~ncident-to ~i~h of the (2) the of this League hereby assumes all liability and injuries, claims or suits for damages to person whatever kind or character, whether real or oun of or incident no either or both of the the activities of the League, or (2) the otherwise incident 5o the provisions of this The foregoing indemnification provision shall apply ~o 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 5o procure and maintain in force during the term of this lease and any extension 5hereof, an 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, and agents as an additional insured. The policies delivered to the City Manager employees shall be for keeping. The League agrees to obta~a written agreement fro~ t~e insu~rs~t~~e City in writing at least 30 days prior to cancellation or refusal to renew any of the policies. policies are not kept The League agrees that if the insurance in force during the entire term of this the .Agreement and any extension thereof, the City may procure 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. SIGNED IN DUPLICATE ORIGINALS, this the · 2003. day of CITY OF PORT ARTHUR BY: ~c .... .:,~g2bbons CITY MANAGER ATTEST: CITY SECRETARY PORT ACRES LITTLE LEAGUE ATTEST: BY: PRESIDENT SECRETARY This Exhibit attached Agreement (hereinafter called use of certain baseball The City agrees to baseball field located Street, Port Arthur, Texas, 31, 2003. EXHIBIT "A" o shall be construed in conjunction with the between the Port Acres Little L~ague "League") and the City of Port Arthur for the facilities in City parks. ITEM1 give the League first priority use of a in Eagles Field, located am 2998 59th during the months of April 1 ~o August The League shall: Maintain the fields holes on game days. Operame and maintain ITEM 2 daily by dragging, marking, filling in concession stands. funds are available). The City shall: 1. Do major fence repair (if 2. Do minor fence repairs. ITEM 3 Maintain and repair any and all structures constructed by the League including dugouns, scoreboards, press boxes, and ssorage areas. (See existing propersy inventory prepared by the Parks and Recreation Director and annached and made a parn hereof.) Maintain litter control. EX]~IBIT "A" CONT.: - = ~7-=~~ o Pay el'ectric bill February through August. be cut off September through January. Replace lamps that are burned out. Furnish infield dirt (maxlmu~n four (4) Cut outfield grass (upon request) and fences if personnel is available. Furnish portable toilets. Maintain bleachers. Electricity ~ill loads). trim around outside of 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, said improvements and notify the any such changes. the League shall pay the cost of Parks and Recreation Director of ~ All 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 currenn set of keys for all locks and update as needed to the Parks and Recreation DirecTor. PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Miguez Field 2410 Park Road/County 1 Storage Building 1 Concession Stand 2 DugouTs with benches 1 Scorekeeper's box 1 Scoreboard EXHIBIT "D' P. R. #12105 02/25/03/cg ALTEflATJON$, ~OD.~HCAT~O,~S,/'?E~J[2, CE~£~/C~; E'TC, P~JC~ ~ & cop11on :cb G ~. c.p I=n. = c.' EXHIBIT "C" P. R. #12105 02/25/03/cg S TA~D F TEXAS '- COUNTY OF JEFFERSON This i~ an Agreement between (referred to Little League the City of Port Arthur, T~xas in the Agreement as the "City"), and the Port Acres (referred to in this Agreement as the "League"), for the use of a basebalI field, located in Miguez Field, at 2410 Park Road/County, 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 co use City premises for the purpose of conducting League baseball games only. In consideration of the mutual promises contained in 5his Agreement, the League and the City agree as follows: I. NATURE A. Each party recognizes the law to permit exclusive anyone other than the City. OF AGREEMENT that the City has control of Therefore, be construed as giving said control to the B. The City agrees to permit £he no authority under public park propersy by chis Agreemen5 shall net League. League use cersain 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", a55ached hereto and made a part hereof. .25~O. The League agrees to be responslble-rok%-~'~£~rmance of certain duties and maintenance of certain facilities described in Exhibit "Am, 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 and directing sponsors for teams, if necessary, soliciting 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 6r 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. DURATION OF AGREEMENT This agreement shall be in force from the date of signing by the parties until August 31, 2003. III. TERMINATION OF AGREEMENT This agreement may be terminated by either party giving thirty (30) davs ~vritten notice to the other party, of its desire to terminate said Agreement. said Agreement may be terminated at any time by mutual agreement of the part~es. 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 the perSbn$ or property of whatsoever or asserted, arising out of or incident following: .(1) the activities of kind Or cna~at~a~%=~.~.~ther real to either or both of the the League, or (2), the operations under or otherwise contract. The League hereby assumes responsibility for injuries, claims or suits incident to the provisions of this all liability and 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 contract. The foregoing indemnification provision shall League regardless of whether said liability, injury, under or otherwise incident to the provisions of this 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 or a damage claims through public use or arising out of accidents injuries occurring in or around the described premises, in 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 4 d_li~-~red to the City k'anager 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 non 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 it 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 agreemen£. SIGNED IN DUPLICATE ORIGINALS, this the ,2003. day of CITY OF PORT ARTHUR BY: Steve Fitzgibbons CITY MANAGER ATTEST: CITY SECRETARY PORT ACRES LITTLE LEAGUE ATTEST: BY: PRESIDENT SECRETARY EXHIBIT "A" This Exhibit shall be attached Agreemen5 between (hereinafter called "League") use of certain baseball construed in conjunction with the the Port Acres Little League and the City of Port Arthur for the facilities in City parks. ITEM1 The City agrees 5o give 5he League first priority use of a baseball field located in Eagles Field, located at 2998 59th Street, Port Arthur, Texas, during the months of April 1 to August 31, 2003. The City shall: 1. Do ma]or fence 2. Do minor repair (if funds are available). fence repairs. ITEM 3 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 ssorage areas. (See existing propersy inventory prepared by the Parks and Recreation Director and attached and made a paru hereof.) · 4. Maintain litter control. EXHIBIT- "A" CONT.: - Electricity will Furnish portable toilets. 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 Departmenn. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. Pay electric bill February through August. 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. PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Pee Wee Field 2420 Park Road/County 1 Storage building 1 Concession stand 2 Dugouus with benches 1 Batter's cage 9