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HomeMy WebLinkAboutPR 15448: POP WARNER FOOTBALL ASSOCIATION GULF COAST CONTRACTCITY OF PORT ARTHUR Parks and Recreation MEMORANDUM TO: Stephen B. Fitzgibbons, City Manager FROM: Dr. Albert T. Thigpen, Interim Director, Parks 8 Recreation DATE: August 17, 2009 RE: P.R. 15448 AUTHORIZING A CONTRACT WITH POP WARNER ASSOCIATION GULF COAST FOR USE OF JR. LEAGUE FOOTBALL FIELD ADAMS PARK COMMENTS RECOMMENDATION: It is recommended that the City Council adopt Proposed Resolution No. 15448, authorizing the City Manager to execute one (1) contract between the City of Port Arthur and the Port Arthur POP Warner Football Association Gulf Coast. BACKGROUND: The Port Arthur Pop Wamer Football League serves approximately 600 children through their organization and has requested the use of the football field at SSGT Lucian Adams Park on Saturdays from August 26, 2009 to December 31, 2009. BUDGET IMPACT: None STAFFING IMPACT: None SUMMARY: It is recommended that the City Council adopt Proposed Resolution No 15448, authorizing the City Manager to execute one (1) contract between the City of Port Arthur and the Port Arthur POP Warner Football Association Gulf Coast. P.R.N15448 CS-PARKSlREC: 08! ] 7/09 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE PORT ARTHUR POP WARNER FOOTBALL ASSOCIATION GULF COAST AND THE CITY OF PORT ARTHUR FOR THE USE OF CITY'S FOOTBALL FIELD AT ADAM'S PARK FROM AUGUST 26, 2009 THROUGH DECEMBER 31, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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 the POP Warner Football Association Gulf Coast and the City of Port Arthur for the use of the City football field at Adams Park from August 26, 2009 through December 31, 2009, a copy of said contract is attached 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 THIS day of A.D., 2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS P.R.H15448 CS-PARKS/REC: O8/ 17/09 NOES: Deloris Prince, Mayor ATTEST: Terri Hanks, City Secretary APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager APPROVED AS TO FORM: /~ ch.-.~~u~ MarkMark S~okolo4 ,City Attorney ~j Oit. ~.~C~EY Exhibit A STATE OF TEXAS} COUNTY OF JEFFERSON} This is an Agreement between the City of Port Arthur, Texas (referred to in the Agreement as the "City"), and the Port Arthur Pop Warner Football Association Gulf Coast (referred to in this Agreement as the "Association"), for the use of the Jr. League Football Field located in Adams Park, 3400 - 60th Street, Port Arthur, Texas. The Association 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 Association is permitted to use City premises for the purpose of conducting association football games only. In consideration of the mutual promises contained in this Agreement, the Association and the City agree as follows: I. NATURE OE 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 Association. B. The City agrees to permit the Association to use certain facilities for the purpose of conducting Football 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 Association 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 Association agrees to do all things necessary to manage and administer a Pop Warner Association Football Program (hereinafter called "said program") in the City of Part 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 Association 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 Association. G. Inasmuch as the facilities are on public property, the Association agrees to permit the public to use the fields and stands any time that they are not being used by the Association; however, the City agrees that any use of the fields or stands by any person or group other than the Association must be approved by the City Manager. No one can use the field after 10:30 p.m. without the approval of the City Manager. H. The Association shall not remove any structures constructed by the Association 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 Association 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 Association. II. DURATION OF AGREEMENT This Agreement shall be in force from August 26, 2009 to December 31, 2009. 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 Association 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 Association, or (2) the operations under or otherwise incident to the provisions of this contract. The Association 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 Association, or (2) the operations under or otherwise incident to the provisions of this contract. The foregoing indemnification provision shall apply to the Association 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 Association 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, $300,000.00 for any one accident, and $1,000,000 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 Association 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 Association 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 Association shall repay the premium to the City the next month following the date on which the premium is paid. SIGNED on this the ATTEST: day of CITY OF PORT ARTHUR BY. STEVE FITZGIBBONS CITY MANAGER TERRI HANKS, CITY SECRETARY Signed on this day of ATTEST: 2009. 2009. BY: Port Arthur Football Commissioner SECRETARY EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Pop Warner Football Association Gulf Coast (hereinafter called "Association") and the City of Port Arthur for the use of certain football facilities in City parks. ITEM 1 The City agrees to give the Association first priority use of a football field located in Adams Park, 3400 - 60th Street, Port Arthur, Texas, during the months of August 2009 through December 2009. ITEM 2 The Association shall: 1. Maintain the fields, marking, filling in holes on game days. 2. Operate and maintain concession stands. 3. Maintain and repair any and all structures constructed by the Association including scoreboards, press boxes, and storage areas. (See existing property inventory prepared by the Park and Recreation Director and attached hereto). 4. Maintain litter control. Litter must be removed after each game. Failure to remove litter will violate Contractual Agreement. ITEM 3 The City shall: 1. Do major fence repair (if funds are available). 2. Do minor fence repairs. EXHIBIT "A" CONT: 3. Pay electric bill September through January. Electricity will be cut off February through August. 4. Replace lamps that are burned out. 5. Furnish infield dirt, maximum four (4) loads. 6. Cut field grass (upon request) and trim around outside of fences if personnel are available. 7. Furnish two (2) portable toilets. 8. Maintain bleachers. ITEM 4 Operation of the concession stand will be managed by the Association, 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 Association desire to expand or modify the facilities during the tenure of the contract, the Association 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. ITEM 6 The Association 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 ASSOCIATION Adams - Jr. League Football Field 3400 - 60 Street 1 Concession stand 1 Scoreboard 4 Bleachers