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HomeMy WebLinkAboutPR 23403: THE TEKOA ACADEMY CHARTER SCHOOL , ,t =,::::,--- ) nrt rthur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: December 8, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation 0/0L_ RE: PR 23403 -The Tekoa Academy Charter School Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R No. 23403 authorizing the City Manager to execute a contract with Tekoa Academy Charter School for the use of the Amos Evans Building for their basketball practices and home basketball games. Background: Basketball provides a source of entertainment for spectators and exercise/entertainment for participants. Tekoa Academy Charter School currently does not have any type of facility to be able to play basketball. The school wants to utilize the Amos Evans Building for their basketball practices and home basketball games. Practices will begin January 2, 2024, with the first home game scheduled for Friday, January 12, 2024, at 7:00 pm. The games will be played by Tekoa Academy Charter School. The school has provided insurance. Budget Impact: None Recommendation: It is recommended that City Council approve P.R No. 23403 authorizing the City Manager to execute a contract with Tekoa Academy Charter School for the use of the Amos Evans Building for their basketball practices and home basketball games. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 VP P. R.No. 23403 12/8/2023 JB RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN TEKOA ACADEMY CHARTER SCHOOL AND THE CITY OF PORT ARTHUR FOR THE USE OF THE AMOS EVANS BUILDING FOR BASKETBALL PRACTICES AND GAMES FOR THE REMAINDER OF THE 2023/2024 SCHOOL YEAR WHEREAS, Tekoa Academy Charter School (Tekoa)has requested the use of the Amos Evans Building, located at 1308B 9th Avenue, Port Arthur, Texas; and, WHEREAS, Tekoa's present location, 326 Thomas Boulevard, Port Arthur, Texas, cannot facilitate basketball practices and home basketball games for their enrolled students; and, WHEREAS,the City desires to allow Tekoa to utilize its facility for basketball practices and home basketball games; and, WHEREAS, Tekoa will maintain the responsibility of the basketball practices, home basketball games, monitoring the students and assuming the liability for any damage that may result from the use of the facilities; and, WHEREAS, Tekoa will utilize the Amos Evans Building on Mondays, Wednesdays and Thursdays from 2:30 pm—4:00 pm for basketball practices and home basketball games as attached hereto as Exhibit"A";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 an agreement between Tekoa Academy Charter School and the City of Port Arthur for the use of the Amos Evans Building in substantially the same form as Exhibit"B". Section 3. That Tekoa will be charged a rental fee in the amount of$450.00 for the use of the Amos Evans Building for basketball practices and home basketball games. P.R.No. 23403 12/8/2023 JB Section 4. That a copy of Tekoa Academy Charter School's Commercial General Liability Policy which lists the City of Port Arthur as an additional insurer is attached as Exhibit ''C" Section 5. 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., 2023, at a Regular Meeting of the City Council of the City of Port Arthur,by the following vote: AYES: (Mayor) Councilmembers: NOES: Thurman"Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: 1-14 al Tizeno EsUq. ..CV,L-P au hiii_av v,i• City Attorney Pir P.R.No. 23403 12/8/2023 JB APPROVED FOR ADMINISTRATION: Ron Burton City Manager @1PLO1'(41I2 Chandra Alpough Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: thi7 Lynda Boswell Director of Finance LAX . Clifto Williams, CPPB Purchasing Manager P. R.No. 23403 12/8/2023 JB EXHIBIT "A" 1,11111111b, ow...A1111‘...*Jiiiii:0110ftmir. "ir FCC:W/1k. 1 A C A C. £ M Y Memo : To: Johnny Brown, Recreation Coordinator Cc: Princess Chretien, Superintendent Carol Anderson, Deputy Director, C.E.O. From: Andonnia Lowe, Thomas Campus Principal Date: October 16, 2023 Re: Requesting the use of your facility We, Tekoa Academy, are requesting the use of your facility for our 2023 2024 Basketball Games and Practice. We have three home games. Home Games • Friday, January 12th • Friday, January 19th • Tuesday, February 13th Practices on Mondays, Wednesday, and Thursdays. All practices starting at 2:30PM to 4:00PM P. R.No. 23403 12/8/2023 JB EXHIBIT "B" 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 Tekoa Academy Charter School (referred to in this Agreement as the "Tekoa Academy"), for the use of the Amos Evans Building, located at 1308B 9th Avenue, Port Arthur, Texas. Tekoa Academy 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 Tekoa Academy is permitted to use City premises for the purpose of conducting basketball practices and home basketball games for the students enrolled at Tekoa Academy for the remainder of the 2023-2024 school year. In consideration of the mutual promises contained in this Agreement, the Tekoa 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 the Amos Evans Building property by anyone other than the City. Therefore, this Agreement shall not be construed as giving said control to the Tekoa Academy for the dates and times designated for basketball practices and home basketball games. B. Tekoa Academy agrees to do all things necessary to manage and administer all basketball practices and home basketball games. The City agrees to permit Tekoa Academy to use the Amos Evans Building or a portion of the Recreation Center as designated by the Director of Parks and Recreation Department. The designated facilities will solely be used for the purpose of conducting basketball practices and home basketball games. 1 C. Tekoa Academy agrees to be responsible for teaching all basketball practices and monitoring the students. D. Tekoa Academy agrees that basketball practices will take place between 2:30 p.m. and 4:00 p.m., every Monday, Wednesday and Thursday. 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 Tekoa Academy 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 employed by or contracted with by Tekoa Academy shall be deemed agents or employees of the Tekoa Academy. G. Inasmuch as the facilities are on public property, Tekoa Academy agrees that the public can also use the Recreation Center at any time. II. DURATION OF AGREEMENT This Agreement shall be in force from the date of signing by the parties until May 29, 2024, which is the end of the 2023-2024 school year. III. TERMINATION OF AGREEMENT This agreement may be terminated by either party giving ninety (90) 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. 2 IV. INDEMNIFICATION Tekoa Academy 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 Tekoa Academy, or (2) the operations under or otherwise incident to the provisions of this contract. Tekoa Academy 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 Tekoa Academy or (2) the operations under or otherwise incident to the provisions of this contract. The foregoing indemnification provision shall apply to Tekoa Academy 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 Tekoa Academy 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. Tekoa Academy agrees to obtain a written agreement from the insurers to 3 notify the City in writing at least 30 days prior to cancellation or refusal to renew any of the policies. Tekoa Academy 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 Tekoa Academy shall repay the premium to the City the next month following the date on which the premium is paid. SIGNED IN DUPLICATE ORIGINALS, this the day of , 2023. CITY OF PORT ARTHUR BY: CITY MANAGER ATTEST: CITY SECRETARY TEKOA ACADEMY CHARTER SCHOOL BY: CEO PRINT NAME: ATTEST: SECRETARY 4 P. R.No. 23403 12/8/2023 JB EXHIBIT "C" 7 ® DATE(MM/DD/YYYY) AC o�RD CERTIFICATE OF LIABILITY INSURANCE 12/5/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME: PAIL STRAWDER INS AGENCY INC HONE itucA4.EX1): (713)552-0822 FAX (A/C, (713)552-0227 PO Box 570803 E-MAILRess: pstrawins(dvahoo.com Houston,TX 77257-0803 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: NAUTILUS INSURANCE COMPANY ENSURED INSURER B:TEKOA CHARTER SCHOOL,INC INSURER c___326 THOMAS BLVD. INSURER D: PORT ARTHUR,TX 77640 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR ,INSD,WVD POLICY NUMBER (MM Y`Y)IDDIYYYY1 (MMIDDIY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y NN1486853 12/3/2023 12/3/2024 PERSONAL S.ADV INJURY $ 1,000,000 GEN'L AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JEOT LOC PRODUCTS-COMP/OP AGO $ OTHER INCLUDED $ AUTOMOBILE LIABILITY CO BBINEDtSINGLE LIMIT $ (EaANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ _AUTOS ONLY AUTOS PROPERTY DAMAGE I HIRED NON-OWNED $ AUTOS ONLY AUTOS ONLY (Per accident) i $ I UMBRELLA LIAB — OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE 1$ DED RETENTION$ $ PER OTH- IWORKERS COMPENSATION STATUTE ER ANDD EMMPLOYERS'YERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N A E.L.EACH ACCIDENT $ OFFIDER/MEMBER EXCLUDED? (Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below _ DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 2023 to 2024 BASKETBALL SEASON CERTIFICATE HOLDER IS AN ADDITIONAL INSURED PER FORM CG2011(12/19) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF PORT ARTHUR PARKS RECREATION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1308-9TH AVENUE PORT ARTHUR,TEXAS 77642 AUTHORI4 R PRESENTAt E ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD