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HomeMy WebLinkAboutPR 18545: POP WARNER FOOTBALL AT ADAMS PARK CITY OF PORT ARTHUR P. � . I X55 Parks and Recreation MEMORANDUM TO: John A. Comeaux, P.E., Interim City Manager FROM: Dr. Albert T. Thigpen, Director of Parks & Recreation DATE: September 9, 2014 RE: CONTRACT — POP WARNER FOOTBALL LEAGUE COMMENTS RECOMMENDATION: It is recommended that the City Council adopt Proposed Resolution No. 18545, authorizing the City Manager to execute a contract between the City of Port Arthur and the Port Arthur POP Warner Football League Gulf Coast. BACKGROUND: The Port Arthur Pop Warner Football League serves approximately 600 children through their organization and has requested the use of the football field at SSGT. Lucian Adams Park on Saturdays from September 17, 2014 to December 31, 2014. BUDGET: STAFFING: SUMMARY: It is recommended that the City Council adopt Proposed Resolution No. 18545, authorizing the City Manager to execute a contract between the City of Port Arthur and the Port Arthur Port Arthur POP Warner Football League Gulf Coast. P.R. No. 18545 09/9/14 cs RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE PORT ATHUR POP WARNER FOOTBALL LEAGUE GULF COAST AND THE CITY OF PORT ARTHUR FOR THE USE OF THE CITY'S FOOTBALL FIELD AT ADAMS PARK FROM SEPTEMBER 17, 2014 THROUGH DECEMBER 31, 2014. 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 authorize the City Manager to execute a contract between the Port Arthur POP Warner Football League Gulf Coast and the City of Port Arthur for the use of the City's football field at Adams Park from September 17, 2014 through December 31, 2014, in substantially the same form as attached as Exhibit"A". Section 3. 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.,2014,at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR: COUNCILMEMBERS: NOES: P.R. No. 18545 09/9/14 cs Deloris Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: I- Val Tizeno Esq. ty Attorney APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E., Interim City Manager EXHIBIT "A" 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 the Port Arthur Pop Warner Football League Gulf Coast (referred to in this Agreement as the "Association" ) , for the use of the Jr . League Football Field located in Adams Park, 3400 - 60th Street, Port Arthur, Texas . The League 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 League is permitted to use City premises for the purpose of conducting League football games only. In consideration of the mutual promises contained in this Agreement, the 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 public park property by anyone other than the City. Therefore, this Agreement shall not be construed as giving said control to the Association. B. The City agrees to permit the League to use certain facilities for the purpose of conducting football games and operating concession stands . The City agrees to be responsible for the performance of certain duties and maintenance of certain facilities described in Exhibit "A" , attached hereto and made a part hereof . C. The League agrees to be responsible for the performance of certain duties and maintenance of certain facilities described in Exhibit "A" , attached hereto and made a part hereof . D. The League agrees to do all things necessary to manage and administer a Pop Warner League Football Program (hereinafter called "said program" ) in the City of Port Arthur including, but not limited to, the purchase of necessary equipment, soliciting and obtaining sponsors for teams, if necessary, soliciting and directing managers of teams and leagues, providing officiating personnel and the performance of all other acts necessary to insure that said program is successful . 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 the League 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 shall be deemed agents or employees of the Association. G. Inasmuch as the facilities are on public property, the League agrees to permit the public to use the fields and stands any time that they are not being used by the Association; however, the City agrees that any use of the fields or stands by any person or group other than the League must be approved by the Director of Parks and Recreation or the City Manager. No one can use the field after 10 : 30 p.m. without the approval of the Director of Parks and Recreation or the City Manager. H. The League shall not remove any structures constructed by the League that are attached to the premises owned by the City without first notifying the Director of Parks & Recreation of its intent to do so and obtaining approval . The League shall be responsible for any damage to the premises or to any other property owned by the City as a result of the removal of any structures by the Association. II . DURATION OF AGREEMENT This Agreement shall be in force from September 17 , 2014 to December 31 , 2014 . III . TERMINATION OF AGREEMENT This agreement may be terminated by the City giving fifteen (15) days written notice to the other party of its desire to terminate said Agreement; by the League giving _en (10) days written notice, may be terminated at any time by mutual agreement of the parties . IV. INDEMNIFICATION The League 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 the Association, or (2 ) the operations under or otherwise incident to the provisions of this contract . The League 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 the Association, or (2 ) the operations under or otherwise incident to the provisions of this contract . The foregoing indemnification provision shall apply to the League 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 The League 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 for each person injured, $300 , 000 . 00 for any one accident, and $1, 000, 000 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. The League 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 . The League 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 the League shall repay the premium to the City the next month following the date on which the premium is paid. SIGNED on this the day of , 2014 . CITY OF PORT ARTHUR BY: JOHN A. COMEAUX, P.E. INTERIM CITY MANAGER ATTEST: Sherri Bellard, CITY SECRETARY Signed on this day of , 2014 . BY: Port Arthur Football Commissioner Gulf Coast Pop Warner Football ATTEST: Secretary EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Pop Warner Football League Gulf Coast (hereinafter called "Association" ) and the City of Port Arthur for the use of certain Football facilities in City parks . ITEM 1 The City agrees to give the League first priority use of a football field located in Adams Park, 3400 - 60th Street, Port Arthur, Texas, during the months of September 17 , 2014 through December 31, 2014 . ITEM 2 The League shall : 1 . Maintain and cut the field, marking, filling in holes on game days . 2 . Operate and maintain concession stands . 3 . Maintain and repair any and all structures constructed by the League including scoreboards, press boxes , and storage areas . (See existing property inventory prepared by the Director Parks and Recreation and attached hereto. ) 4 . Maintain litter control . Litter must be removed after each game. Failure to remove litter will violate Contractual Agreement . ITEM 3 The City shall : 1 . Do major fence repair (if funds are available) . 2 . Do minor fence repairs . EXHIBIT "A" CONT: 3 . Pay electric bill at the field. 4 . Replace lamps that are burned out . 5 . Furnish infield dirt, maximum four (4) loads . 6 . Cut field grass (upon request) and trim around outside of field and fences if personnel are available and scheduling of work is conducive to department . 7 . Furnish two (2 ) portable toilets . 8 . Maintain bleachers . ITEM 4 Operation of the concession stand will be managed by the Association, and proceeds will be used for their operation. Health permits or approval from the Port Arthur Health Department will be required to sell any foods . ITEM 5 Should the League desire to expand or modify the facilities during the tenure of the contract, the League shall pay the cost of said improvements and notify the Director of Parks and Recreation of any such changes . All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur' s Inspection Department . ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Director of Parks and Recreation. EXHIBIT "A" CONT. : PROPERTY INVENTORY FOR LEAGUEMAINTENANCE Adams - Jr. League Football Field 3400 - 60th Street 1 Concession stand