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Home My WebLink AboutPR 24534: AGREEMENT WITH TEKOA ACADEMY CHARTER SCHOOL 42) nrt rthur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 14, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Chandra Alpough, CPM, CPRP, Director of Parks and Recreation eiCL.... RE: P.R. 24534 -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. 24534 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 for their students to be able to play basketball. The school wants to utilize the Amos Evans Building for their basketball practices and home basketball games. The first home basketball game is scheduled for Tuesday, November 2, 2025 at 5:30 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. 24534 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 P.R.No. 24534 9/14/2025 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 PRACTICES AND HOME BASKETBALL GAMES FOR THE REMAINDER OF THE 2025/2026 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 facility or property; and, WHEREAS, Tekoa will utilize the Amos Evans Building from Monday—Friday, 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, TEXAS: 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 one-time 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. 24534 9/14/2025 CA 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, 2025. 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., 2025, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: (Mayor) Councilmembers: NOES: Charlotte M. Moses Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney P. R.No. 24534 9/14/2025 CA APPROVED FOR ADMINISTRATION: AVA40' Ron Burto , CP City Maria:- C,,\40/VAidt Chandra Alpough, CPM Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: 0/14Y;1, Lynda Boswell Director of Finance CliftonL,0 (,),); Williams, , CPPB Purchasing Manager P. R.No. 24534 9/14/2025 CA EXHIBIT "A" T1/1KO�� MEMO : To: Brown,Johnny, Director of Parks and Recreation CC: Chretien, Princess, Deputy CEO From: Paten, LaKisha,Coach Date:August 25, 2025 Re: Dates for the use of your Facility 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- Friday for basketball practice starting Monday,September 29, 2025 at 2:30PM to 4:30PM, as well as basketball home games. Dates for our upcoming 2025-2026 Girls and Boys Basketball Home Schedule that we will need the use of your facility to host our home games. • Tuesday, November 11;Veritas at Tekoa • Thursday, November 20; Lighthouse Homeschool at Tekoa • Friday, November 21; Ehrhart at Tekoa • Friday, December 5; Banff at Tekoa • Monday, December 8;Connection School at Tekoa • Tuesday,January 20;Texas Christian at Tekoa • Thursday, February 19; School of Woods at Tekoa • Friday, February 20; Humble Christian at Tekoa All games will begin with the girls starting at 5:30pm followed by the boys. 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. 24534 9/14/2025 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 77642. 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 2025-2026 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 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 conducting all basketball activities and monitoring the students. D. Tekoa Academy agrees that basketball practices and basketball games will be held from Monday, September 29, 2025, through Friday, February 20, 2026. Said practices will be held every Monday—Friday from 2:30 p.m. and 4:30 p.m. E. Tekoa Academy Basketball Home Game Schedule is as follows: Tuesday,November 11, 2025 at 5:30 pm Thursday,November 20, 2025 5:30 pm Friday,November 21, 2025 at 5:30 pm Friday, December 5, 2025 at 5:30 pm Monday, December 8,2025 at 5:30 pm Tuesday, January 20, 2026 at 5:30 pm Thursday, February 19, 2026 at 5:30 pm Friday, February 20, 2026 at 5:30 pm F. 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. G. 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 or representatives. All necessary personnel employed by or contracted with by Tekoa Academy shall be deemed agents or employees of the Tekoa Academy. H. Inasmuch as the facilities are on public property, Tekoa Academy agrees that the public can also use the Recreation Center at any time. 2 I. Tekoa Academy will be charged a one-time rental fee in the amount of$450.00 for the use of the Amos Evans Building for basketball practices and home basketball games. II. DURATION OF AGREEMENT This Agreement shall be in force from the date of signing by the parties until May 30, 2026, which is the end of the 2025-2026 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 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. 3 Pr- 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, 2025. 4 SIGNED IN DUPLICATE ORIGINALS, this the day of , 2025. CITY OF PORT ARTHUR BY: CITY MANAGER ATTEST: CITY SECRETARY TEKOA ACADEMY CHARTER SCHOOL BY: CEO PRINT NAME: ATTEST: SECRETARY 5 ACOR ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) L./ 9/1212025 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 polley(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 andorsement(s). PRODUCER CONTACT NAME: PAUL STRAWDER INS AGENCY INC PHONE meat): (713)552.0822 Fa,No (713)552-0227 PO Box 570803 ADDDDRESS: pstrawins@yahoo.com Houston,TX 77257-0803 INSURER(S)AFFORDING COVERAGE NM a - INSURERA: NAUTILUS INSURANCE COMPANY _ INSURED 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. _ NSR - - -_--_ ADDLSUBR - --- POLICYEFE POLICYEXP LIMITS LTR TYPE OF INSURANCE Its WVO POLICY NUMBER IMNIDOrYYYY)I IMAVOWYYYYI X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ --1,000,000 �/ DAMAGE TO REN rFD - CLAIMS-MADF X OCCUR PREMISESIEaurcune1 I $ 100,000 MED EXP(Any one demon) $ 5,000 A , Y NN1776936 12r312024 121312025 PERSONAL&ADV INJURY $ 1,000,000 - GENT.AGGREGATE LIME APPLIES PER, GENERAL AGGREGATE $ 2,000,000 X POLICY I I ECT I_ J LOC PRODUCTS-COMP/OP AGG $_ ECT . ---OTHER INCLUDED $ COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Ea.udenl) ANT AUTO ' BODILY INJURY(Per person) $ OWNEDI SCHEDULED BODILY INJURY(Per accident) $ —_ -. AUTOS ONLY AUTOS � -- — -- HIRED NON-OWNED PROPERTY DAMAGE $ - AUTOS ONLY AUTOS ONLY JPe-Acaoen:I _. UMBRELLA LIMN � F '' EACH OCCURRENCE I$ TU EXCESS B AGGREGATE $ —_. I _ - --- DED RFTENIION$ $ WORKERS CONVERSATION I TER _OTM AND EMPLOYERS'LIABILITY YIN i STATUTE FR ANY PROPRCTOR,PARTNERIEXECUTIVE I I NIA EL.EACH ACCIDENT _ $ , OFrICLWT,IEMUEN EXCLUDED? (Mandatory in NH) El_D.SEASE-EA EMPLOYEE$ II yes,deacibe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES(ACORD 101,Addaonal Remarks Schedule.may be attached Hove space Is amulred) CERTIFICATE HOLDER IS AN ADDITIONAL INSURED PER FORM CG2011(12/19) 2024 to 2025 Basketball Season 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 ,1 Port Arthur,Texas 77642 I AU RESENTATWE -�01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD