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HomeMy WebLinkAboutPR 24470: EXCLUSIVE CONCESSIONAIRE-MANLINESS-LABOR DAY SOFTBALL TOURNAMENT viVit www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 30, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation 0 RE: P.R. 24470—Exclusive Concessionaire-Mastering Manliness—Labor Day Softball Tournament Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24470 authorizing the City Manager to execute an agreement establishing a special event known as the 2025 Labor Day Softball Tournament, designating SSgt. Lucian Adams Park as the entertainment area, naming Mastering Manliness as exclusive concessionaire for this event only. Background: Mastering Manliness is a community-driven group dedicated to promoting health and wellness, encouraging local engagement, and supporting youth-focused initiatives. Their mission centers on fostering positive activities and uniting the community, especially in celebration of Labor Day. To further this goal, the organization would like to host a softball tournament at SSgt. Lucian Adams Park on Saturday,August 30,2025. This event will feature local vendors and will be open to the public. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No. 24470 authorizing the City Manager to execute an agreement establishing a special event known as the 2025 Labor Day Softball Tournament, designating SSgt. Lucian Adams Park as the entertainment area, naming Mastering Manliness as exclusive concessionaire for this event only. "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. 24470 07/30/2025 ca RESOLUTION NO. A RESOLUTION ESTABLISHING A SPECIAL EVENT KNOWN AS THE 2025 LABOR DAY ALUMNI SOFTBALL TOURNAMENT,DESIGNATING SSGT.LUCIAN ADAMS PARK AND THE SURROUNDING AREAS AS THE ENTERTAINMENT AREA, NAMING MASTERING MANLINESS AS EXCLUSIVE CONCESSIONAIRE FOR THIS EVENT ONLY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE ESTABLISHED EVENT AS PROVIDED IN CHAPTER 90 (SPECIAL EVENTS) OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES WHEREAS, Mastering Manliness, is an organization, acting by and through Ashford Garner, that focuses on providing social assistance and education to young men in the areas of grooming and hygiene,mental health,history and cultural awareness,health and wellness,and sports and fitness; and, WHEREAS,the organization is an advocate for community engagement and desires to host a softball tournament to stimulate business in the City of Port Arthur; and, WHEREAS,Mastering Manliness is hereby requesting City Council's approval to utilize the softball fields at SSgt. Lucian Adams Park and the surrounding areas for the Labor Day Alumni Softball Tournament and Event activities on August 30, 2025; and, WHEREAS,pursuant to Chapter 90(Special Events),Article I(In General),Section 90-1 of the Code of Ordinances, the City Council desires to promote the Labor Day Alumni Softball Tournament special event as a means to encourage activities that benefit the City, stimulate economic growth, and provide a vibrant, active community for all citizens; and, WHEREAS,the designation of Mastering Manliness as exclusive concessionaire for this event only and entering into an agreement therewith is appropriate under Section 380.001 of the Local Government Code. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby establishes the special event known as the 2025 Labor Day Alumni Softball Tournament and designates SSgt. Lucian Adams Park as the entertainment area. Section 3. That Mastering Manliness is hereby named the exclusive concessionaire for the 2025 Labor Day Alumni Softball Tournament as provided in Section 90-10 of the Code of Ordinances. P.R. No.24470 07/30/2025 ca Section 4. That the City Manager is hereby authorized to execute an Agreement with Ashford Garner and Mastering Manliness containing the duties and responsibilities of each party,in substantially the same form as attached hereto as Exhibit"A". Section 5. That Mastering Manliness has provided a certificate of insurance coverage to the City as shown in Exhibit"B". Section 6. That the City Council designates and establishes the entertainment area for the Labor Day Alumni Softball Tournament to be the softball fields at SSgt. Lucian Adams Park and surrounding areas as depicted and described in Exhibit"C"attached hereto and made a part hereof. Section 7. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED,this day of ,2025 AD,at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote:AYES: Mayor: Councilmembers: NOES: • Charlotte M. Moses Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney P.R. No. 24470 07/30/2025 ca APPROVED FOR ADMINISTRATION: Ronald Burton, CPM City Ma ager 3 I-asi c 10306, Timothy uriso Police C ief Robert L. Havens Interim Fire Chief Chandra Alpough, CPM Director of Parks and Recreation Philip ilardi, CBO, CFM Chief Building Official (N ---,, .- $- 1-3/1\CZIS 'O•Or- \4:&-kkr — 0,‘\ . -5g5 .1 ., Judith Smith Director of Health Department Oil dir; 1 fr if ar Flozelle R• :erts, CPM Director'ublic W 1 P.R. No. 24470 07/30/2025 ca Exhibit "A" EXCLUSIVE CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND MASTERING MANLINESS THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Mastering Manliness, acting by and through, Ashford Garner, herein referred to as "The Alumni". WITNESSETH: WHEREAS, the City and The Alumni, acting by and though, Ashford Garner is requesting for the City's support in hosting the 2025 Labor Day Softball Tournament and Vendor Fair at SSgt. Lucian Adams Park; and, WHEREAS, it is necessary for the City and The Alumni to enter an exclusive concessionaire agreement, for this event only, to define and coordinate the duties and responsibilities of the parties to this Agreement, to facilitate the expeditious and efficient organization of the 2025 Labor Day Softball Tournament, hereinafter referred to as the "Event"; and, NOW, THEREFORE, it is hereby agreed that the City and The Alumni enter into this Agreement regarding said Event activities: 1. General Provisions. During the Event, The Alumni shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public 2025 Labor Day Softball Tournament event and functions. 2. Duties of the Alumni. The Alumni does hereby agree to be responsible for the following activities in connection with the Event at its expense and the City does hereby delegate said responsibilities to The Alumni along with certain income or revenues associated therewith: (a) The Alumni shall recommend the area for such Event, subject to the approval and designation of the City Council. (b) The Alumni is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Event period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from The Alumni before obtaining a vendor permit from the City, if one is required. If a City vendor permit is not required, 1 then vendors must obtain permission from The Alumni before conducting any business within the entertainment area. (c) The Alumni is authorized not to charge a fee for admission into the Event's entertainment area; fee shall not exceed $0.00 per person on Saturday, August 30, 2025. (d) The Alumni, if applicable, shall obtain City Council approval for the temporary street closure for the gathering, as outlined in the City of Port Arthur's Code of Ordinances. (e) The Alumni, if applicable, agrees to arrange for fencing the entertainment area, and the City shall approve the area in which The Alumni intends to fence. The Alumni shall determine the location of fencing gates with the approval of the City, and shall prepare all passes, provide attendants, provide gate attendant information sheets, and prepare the signage to the entrance gates. The Alumni agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) The Alumni is responsible for arranging the entertainment area for performers and entertainers, ticket sales to the entertainment area, and obtaining clearances and approval from the City Council when required to accomplish particular tasks. The Alumni shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) The City shall provide sanitary port-a-cans (portable toilets), shall be responsible for the site location of same, determining the number required, and providing a map for locations of said port-a-cans. (h) The City shall provide trash barrels in the Event entertainment area. (i) The Alumni shall be in charge of the cleanup of the entertainment area. (j) The Alumni shall coordinate and enforce contracts with all temporary concessions in the Event's entertainment area, and the City shall have the right to approve or disapprove said concessions after The Alumni approval. (k) The Alumni shall coordinate all Event activities, and shall, when necessary, secure special approval of the City. The Alumni shall submit a master/site plan to the City of all activities to be undertaken as a part of the Event's festivities, including the activities, concessions and location of the tentative entertainment area. Any changes, modifications or amendments to the original site plan approved by the City Manager shall also be submitted to the City Manager for further review and approval. 2 (1) The Alumni shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Event, a legally binding policy of insurance issued by best rated carriers approved to do business in the State of Texas by the State Insurance Commission. The insurance coverage under such policy shall be comprehensive general public liability insurance, and shall name and include the City, its officers, employees and agents as additional named insureds, protecting them from liability from any such matters arising out of the Event. The policies must be endorsed to state that the coverage extended to the City its officers, employees and agents, is to be primary irrespective of any other primary insurance coverage maintained by the City of Port Arthur. The limits of coverage under the policy shall be a minimum of One Million Dollars ($1,000,000.00) combined single-limit coverage for death of or injury to person and/or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for The Alumni and indemnification of the City. The naming of the City, its officers, employees and agents as additional named insureds in the policy shall not thereby cause them to be deemed partners or joint ventures with The Alumni. The policy shall be performable in Port Arthur, Jefferson County, Texas and shall be construed in accordance with the laws of the State of Texas. A certificate of all such insurance coverage shall be delivered to the City through its City Manager no later than thirty (30) days before the commencement of the Event. The policy shall provide that it shall not be subject to cancellation by the insurers except upon delivery of written notice to the City Manager at least fifteen (15) days prior to the effective date of cancellation; and in such case The Alumni shall, prior to the effective date of cancellation, secure substitute policies furnishing the same coverages set forth above. The furnishing of such insurance coverage shall not in any way, limit or satisfy any of The Alumni's obligation under this section. (m) The Alumni shall covenant and agree to indemnify and to save and hold harmless the City, its agents, officers and employees, and any persons from the following: (i) Any and all claims, actions and suits whether groundless or otherwise, and any judgment resulting therefrom, and expenses connected with any such claims, actions or suits including, but not limited to attorney's fees; and, (ii) Upon the option of the City, the duty to defend against any such claims, action or suits whether groundless or otherwise; and, (iii) Any and all liabilities, losses, damages, costs, charges and other expenses of every kind and character, any of which for any reason 3 whatsoever may arise out of or will be attributable, directly or indirectly, to the occurrence of the Event, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Event's entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Event, said expenses to be reimbursed by The Alumni. (a) Types and location of all temporary concession permits on public property within the Event's entertainment area shall be subject to the prior approval of The Alumni. (b) The City shall be responsible for approving or disapproving all banners, signage and advertisements to be installed on or above the City right-of- way(s) after The Alumni has first approved or proposed same. (c) The City shall be responsible for approving in advance the location of the bleachers in the City right-of-way(s). (d) The City shall have the right of approval over all Event activities occurring or taking place on City streets, alleys, and rights-of-way after The Alumni has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after The Alumni has first approved or proposed same. 4. Term. This agreement shall be in force and effect from August 30—31, 2025. 5. Termination. The City Manager, after consultation with the Chief of Police and Fire Chief can terminate this agreement and the Event's celebration for security concerns or other logistical. 6. Financial Reporting and Settlement of Expenses. The Alumni and the City each agree to deliver to the other a report of its receipts and expenditures of the Event within ninety (90) days after the conclusion of the Event for each year subject to the Agreement. 7. Security. The Alumni shall have at least two (2) off-duty officers in attendance during the event. Security guards contracted through a licensed and bonded company may be used instead of off-duty officers only if the off-duty officers are not available. The Chief of Police may require additional security depending on crowd control and security plans provided and other information that he is cognizant of. The Alumni shall reimburse the City for the overtime costs (hours 4 worked outside normal shifts) of police, firefighters and other City personnel, as a result of the additional security required by the Chief of Police. 8. Alcohol. If approved and permitted by Texas Alcohol and Beverage Commission (TABC), the City may authorize The Alumni to sell and consume alcohol only in the designated entertainment area. 9. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to the Event, including but not limited to the enforcement of the City of Port Arthur's Code of Ordinances which makes it unlawful for anyone to bring coolers containing food and beverages, glass containers, canned drinks and pets into the Event's entertainment area. 10. Amendments. This Agreement shall not be altered or amended without the prior written consent of all parties hereto as to such alteration or amendment. SIGNED AND AGREED TO on this day of , A.D., 2025. CITY OF PORT ARTHUR: By: Ron Burton, City Manager SIGNED AND AGREED TO on this day of , A.D., 2025. MASTERING MANLINESS By: Ashford Garner 5 ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2025 by Ronald Burton,City Manager. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2025 by Ashford Garner,Mastering Manliness. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 P.R. No. 24470 07/30/2025 ca Exhibit "B" ACTOR Ill. CERTIFICATE OF LIABILITY INSURANCE DATE(MMiDDIYYYY) 441..► 07/29'2025 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 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, Eventsured Customer Service Foresite Sports,Inc. lac No Fxtl: 888.882-5902 i FAX He); DBA:Eventsured E-MAIL comf ino eventsured. ADDRESS. C�3 :3553 West Chester Pike#418 INSURER(S)AFFORDING COVERAGE NAIL II Newtown Square,PA 19073 INsuRER A Houston Casuals Company 42374 INSURED INSURER B B. Mastering Manliness INSURER C: Ashford Garner INSURER D 23903 Mesia Meadow In. INSURER E: Katy,TX 77493 INSURER F: COVERAGES CERTIFICATE NUMBER: TM455175 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. NSW --_- - !ADOLISUBRI --�----- --- --- --- -_-- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE i INSR,WVD POLICY NUMBER IMMIDDIYYYYI (MMIDDIYYYY) LIMITS GENERAL UABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERA •DAMAGE TO RENTED : GENERAL.LIABILITY PREMISES(Ea occurrence)__T$ 100,000 CLAIMS-MADE I X l OCCUR MED EXP iAny am person) $ 1,000 A X Host Liquor Liability 1124SE00172/TM455175 08/30/2025 08/31/2025 PERSONAL a ADV INJURY $ 1,000.000 12:01AM 2-01AM GENERAL AGGREGATE $ 2,000.000 I,EML A ,,-(L GATE LIMIT APPLIES PER, PRODUCTS-COMP/OP AGG $ 1,000,000 X 1 POLICY j -1 PELT 71 LOG DEDUCTIBLE S 0 AUTOMOBILE LUBIUTY COMBINED SINGLE LIMIT ,_ .(Ea accdenu S _ANY AUTO BODILY INJURY tear person) $ ALL OWNED r-1 SCHEDULED BODILY INJURY tPer accident) $ ,_AUTOS �I NO OWNED , O RT DAMAGE S HIRED AUTOS ^AUTOS !(PorPR acPSc ileYol) $ UMBRELLA LW OCCUR EACH OCCURRENCE S $ EXCESS LIAR _—CLAIMS-MADE AGGREGATE DED IT li NTIONS $ WORKERS COMPENSATION WC STATU• I OTH- AND EMPLOYERS'LIABILITY YIN . _..TORY LIMITS: ER RI ANY PROPRIE 1OR,PAH1NEEXECUTNE E.L.EACH ACCIDENT $ OFF ICERIMEMBER EXCLUDED' n NIA (Mandatory In NH) E L.DISEASE.EA EMPLOYEE$ II EeSsCR IPIION uOnfd OPERATIONS PERATIONS below E L DISEASE•POLICY LIMIT S ' I . DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101.Additional Remarks Schedule.If me,,space Is required) Additional Insureds must be venue managers or municipalities and are added with respect to our insured§operations only.Waiver of Subrogation(WOS)and Primary&Non-Contributory(PNC)wording applies only when coverage is purchased by the insured,required by written contract and as indicated below.This coverage is with respect to the Softball Tournament/Event to be held on 08/30/2025-08/30/2025 with 400 attendees al Lucian Adams park Park rd,Port Arthur, TX 77642. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Port Arthur THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 444 4th street ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur Tx.77640 AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) ID 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P.R.No. 24470 07/30/2025 ca Exhibit "C" 5/27/25, 11:32 AM Google Earth I ) , ► i .Y Fr' _. - • A. 5 r Illikt,„ ' ..,.„ . . .., • -..,... ter` ' 40 ,-. ,. � ��.. , r_. .,.. . . rIv . .144.,..„, , ,....__ „.,....„, .,..,, :_;,. , 4,-, ,_ 'I , ., ... ,... 4,. .... r..,._.,,,,, .....-.z.....44,, . - :-. .... : , ... = i NmYT• ' i R 0 1 '-' 'I, ?.'4,-: /P,":4#42,:1; - ,.. 1 '' ,:'-'' . ". f - hops://earth.google.com/web/search/Staff+Sergeant+Lucian+Adam s+Elementary+School,+9th+Avenue,+Port+Arthur,+TX/@29.93262478,-93.966577... 1/1 C"'"i - CITY OF PORT ARTHUR "''r nrt rt'i DEPARTMENT OF PARKS AND RECREATION V ,--- ort rthur PARK RESERVATION FORM T 1308 9th Avenue • Port Arthur,Texas • (409)983-8152 • Person making reservation must be onsite for duration of event. • Office hours are Monday—Friday, 8 am—5 pm No vehicles are allowed on grass in City parks. No alcohol or consumption of alcohol is allowed on City parks. Person making application AShcor CI Garnet- Date rlI aCi I a5 Contact Person(if different) Address a 3q 0 3 4esia tvle'4 ity wq.1-y State -TX Zip 77 CI 9 3 IA Day Phone g 32-SUo--l0g 2 Evening Phone Email gar Atr.aS irad5 el rt i Group(if applicable ' Date of Event 8I 3 61 a CJ_ Time/Hours(including setup&cleanup) IGtY►'l — 1 D Qrn Event Description 16P+V)a11 kok.)rnctmen+ ' \ieIAdar -air Estimate number of people attending event 1-100 Park/Facility Requested: Adams Park al Vista Park [Montgomery Park ❑Babe Zaharias Park ❑Grado Field [Montrose Park ❑Barbara Jacket Park ❑Griffing Park [ Peoples Park ❑Boardwalk ❑Herman Park Fioneer Park ❑Bryan Park ❑Hughen Park ❑Roosevelt Park ❑Carver Terrace Park Immigrant Park [Pose Hill Park ❑Cecil Reynolds Park ['Lakeside Park at. Mary's Park ❑Civic Park ❑Lincoln Park ❑Texaco Mini Park ['County Park ❑London Bridge Park [The Pavilion ['Eagles Park ❑Lyons Park ❑iNashington Park ❑Other Is anyone selling concessions, equipment, novelties, etc.? lt- Yes❑No Will there be a y type of music or live entertainment? ❑ Yes['No Electricity?Hi No Certificate of Liability Insurance must be submitted naming the City of Port Arthur as an additional insurer. I have read and agree to follow the park rules and regulations and agree to abide by them as well as all laws codes and regulations.I agree to indemnify and hold harmless the City of Port Arthur and any officers employees,representatives, directors of agents or either from and against all liability,claims,suits,damages levies,costs, losses and fees,including attorney fee an • g out of or relating to my activities at the park. i 7 as as I�' ' 1 t J �3U eS Signature of Responsible Party Date City of Port Arthur Representative l Date Chandra Alpough From: Ashford Garner <garner.ashford5@gmail.com> Sent: Wednesday,July 30, 2025 11:13 AM To: Chandra Alpough Subject: [NON-CoPA] Proposal for Field Use and Support Labor Day Alumni Softball Tournament Submitted by: Mastering Manliness Nonprofit Event Date: 8/30/2025 Location: Sgt. Lucian Adams park Purpose: Mastering Manliness, a 501(c)(3) nonprofit organization, is hosting its annual Labor Day Alumni Softball Tournament. This event fosters community engagement, promotes health and wellness, and supports local youth initiatives. Request for Support: To ensure a safe, successful, and well-organized event, we respectfully request the following: • 4 softball fields prepared and available • 4 portapotties for participant and spectator use • Running water access on-site • Lighting for evening play if needed • Trash cans distributed throughout the area • Barricades for crowd and traffic control • 1 police officer on-site for safety and crowd management • 1 emergency medical(EM) professional on-site for first aid • Grass cut and hay removal prior to the event • Trash bags provided for clean-up efforts • Fields lined and game-ready before tournament start We greatly appreciate your consideration and partnership in helping us serve the community. Sincerely, Ashford Garner Founder& Director Mastering Manliness Nonprofit 832-560-7048 garner.ashford5(a gmail.com 2