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HomeMy WebLinkAboutPR 23892: AGREEMENT WIH TEKOA ACADEMY CHARTER SCHOOL � � f city of www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 27, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation Wv RE: PR 23892 -Agreement with Tekoa Academy Charter School Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R No. 23892 authorizing the City Manager to execute a contract with Tekoa Academy Charter School for the use of the Amos Evans Building for their volleyball and basketball practices and home volleyball and basketball games. Background: Volleyball and basketball provide a source of entertainment for spectators and exercise/entertainment for participants. Tekoa Academy Charter School currently does not have any type of facility for their students to be able to play volleyball and basketball. The school wants to utilize the Amos Evans Building for their volleyball and basketball practices and home volleyball and basketball games. The first home volleyball game is scheduled for Thursday, September 12, 2024 at 6:30 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. 23892 authorizing the City Manager to execute a contract with Tekoa Academy Charter School for the use of the Amos Evans Building for their volleyball and basketball practices and home volleyball and 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 P.R.No.23892 8/27/2024 CA 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 AND VOLLEYBALL PRACTICES AND GAMES FOR THE REMAINDER OF THE 2024/2025 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 volleyball and basketball practices and home volleyball and basketball games for their enrolled students; and, WHEREAS, the City desires to allow Tekoa to utilize its facility for volleyball and basketball practices and home volleyball and basketball games; and, WHEREAS, Tekoa will maintain the responsibility of the volleyball and basketball practices,home volleyball and 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—Thursdays from 2:00 pm—4:00 pm, for volleyball and basketball practices and home volleyball and 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$750.00 for the P. R.No. 23892 8/27/2024 CA use of the Amos Evans Building for volleyball basketball practices and home volleyball and basketball games. 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". Tekoa Academy Charter School will provide an updated insurance policy by December 1, 2024. 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., 2024, 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 APPRO . Roxann Pais Cotroneo City Attorney P. R.No. 23892 8/27/2024 CA APPROVED Fe ' AD i INISTRATION: Ron Burton • �� City Manager etaplit. Chandra Alpough, CPM Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: tit//1 00, Lynda Boswel_ Director of Finance Clifton Williams, CPPB Purchasing Manager P. R.No. 23892 8/27/2024 CA EXHIBIT "A" �,,4 ti[.'At*.tf1, 41, TEKOA ACADEMY OF ACCELERATED STUD]ES el II ' S.T.E.11°1. SCHOOL • -6 326`Thomas Boulevard ' Pert Arthur. levies'7640 t3Ufi)t12•�*1409 2-H49!! s 1141 *C. MEMO : To: Brown,Johnny, Director of Parks and Recreation CC: Chretien, Princess, Deputy CEO From: Paten, LaKisha,Athletic Director Date: August 27, 2024 Re: Dates for the use of your Facility Per our conversation; as the school year approaches and we prepare for our athletic program, we are requesting the use of your facility weekdays for our Athletic program. We would also like to utilize your facility on Monday-Thursday for volleyball/basketball practice starting at 2:00PM to 4:00PM, as well as home games for volleyball and basketball games. Dates for our upcoming 2024- 2025 Volleyball Home Schedule that we will need the use of your facility to host our home games. Home games will start at various times as noted below. • Thursday, September 12; Houston Cristo Rey Jesuit at Tekoa at 6:30 • Thursday, September 19; Harmony at Tekoa at 6:00 • Thursday, September 26; Houston Genesis at Tekoa at 5:30 • Thursday, October 3; Houston BETA at Tekoa at 5:30 • Thursday, October 10; P.A. Bob Hope at Tekoa at 5:30 Dates for our upcoming 2024-2025 Boys Basketball Home Schedule that we will need the use of your facility to host our home games. Homes game starts at 5:30PM • Friday,January 10; Houston Cristo Rey Jesuit at Tekoa • Friday,January 17; Beaumont Harmony at Tekoa • Friday,January 24; Houston Heights at Tekoa • Friday,January 31; Houston BETA at Tekoa • Friday, February 7; Port Arthur Bob Hope at Tekoa I will provide the Girls Basketball home game schedule as soon as it is made available. Best Regards, Mrs. LaKisha Paten,Athletic Director Tekoa Academy of Accelerated Studies T-STEM School 327 Thomas Blvd., Port Arthur,Texas, 77640 (409)982-5400 work, (409) 549-9988 cell and (409) 982-8498 fax P. R.No. 23892 8/27/2024 CA 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 volleyball and basketball practices and home volleyball and basketball games for the students enrolled at Tekoa Academy for the remainder of the 2024-2025 school year. In consideration of the mutual promises contained in this Agreement, the Tekoa Academy 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 volleyball and basketball practices and home volleyball and basketball games. B. Tekoa Academy agrees to do all things necessary to manage and administer all volleyball and basketball practices and home volleyball and 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 1 solely be used for the purpose of conducting volleyball and basketball practices and home volleyball and basketball games. C. Tekoa Academy agrees to be responsible for teaching all volleyball and basketball practices and monitoring the students. D. Tekoa Academy agrees that volleyball and basketball practices will be held from Monday, September 16, 2024, to Friday, February 7, 2024. Said practices will be held every Monday, Tuesday, Wednesday from 2:00 p.m. and 4:00 p.m. E. Tekoa Academy Volleyball Game Schedule is as follows: Thursday, September 12, 2024 at 6:30 pm Thursday, September 19, 2024 at 6:30 pm Thursday, September 26, 2024 at 6:30 pm Thursday, October 3, 2025 at 6:30 pm Thursday, October 10, 2024 at 6:30 pm F. Tekoa Academy Basketball Game Schedule is as follows: Friday, January 10, 2024 at 5:30 pm Friday, January 17, 2024 at 5:30 pm Friday, January 24, 2024 at 5:30 pm Friday, January 31, 2024 at 5:30 pm Friday, February 7, 2024 at 5:30 pm G. 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. H. 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 affect 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 2 or representatives. All necessary personnel employed by or contracted with by Tekoa Academy shall be deemed agents or employees of the Tekoa Academy. I. Inasmuch as the facilities are on public property, Tekoa Academy agrees that the public can also use the Recreation Center at any time. J. Tekoa Academy will be charged a rental fee in the amount of$750.00 for the use of the Amos Evans Building for volleyball and basketball practices and home volleyball and basketball games. II. DURATION OF AGREEMENT This Agreement shall be in force from the date of signing by the parties until May 30, 2025, which is the end of the 2024-2025 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. 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 3 T. 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$1,000,000.00 for each person injured, $1,000,000.00 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 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. Tekoa will provide an updated insurance policy by December 1, 2024. 4 SIGNED IN DUPLICATE ORIGINALS, this the - day of , 2024. CITY OF PORT ARTHUR BY: CITY MANAGER ATTEST: CITY SECRETARY TEKOA ACADEMY CHARTER SCHOOL BY: CEO PRINT NAME: ATTEST: SECRETARY 5 P. R.No. 23892 8/27/2024 CA EXHIBIT "C" a DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 12/512023 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 CONTACT NAME_--- PAUL STRAWDER INS AGENCY INC (PAH/&no F.xtl (713)552-0822 fi .No): (713)552.0227____ PO Box 570803 ADDRESS: pstrawinsayahoo.com Houston,TX 77257-0803 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: NAUTILUS INSURANCE COMPANY INSURED INSURER B: TEKOA CHARTER SCHOOL,INC INSURERC: 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 ADOL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DDIYYYYI IMM M'IDOYYl X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �/ 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&ADV INJURY $ 1,000,000 GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: INCLUDED $ AUTOMOBILE LIABILITY CO BIKED SINGLE LIMIT $ (EaANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ _..._ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE a$ _ EXCESS LIAB I CLAIMS-MADE AGGREGATE $_ _ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE w�w E.L.EACH ACCIDENT OFFIOER/MEMDER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ lives.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 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 1308-9TH AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. PORT ARTHUR,TEXAS 77642 AUTHORftdD RESENT VE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD