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"
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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
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