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HomeMy WebLinkAboutPR 18960: 3 CONTRACTS PORT ARTHUR BEASEBALL ASSOCIATION, FOR THE USE OF CITY BASEBALLL FIELDS AT ADAMS PARK. P.R. No. 18960 04/08/15 cs RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THREE (3) CONTRACTS BETWEEN THE CITY OF PORT ARTHUR AND THE PORT ARTHUR BASEBALL ASSOCIATION, FOR THE USE OF CITY BASEBALL FIELDS AT ADAMS PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR TEXAS: THAT the City Council of the City of Port Arthur hereby authorizes the City Manager to execute three (3) contracts between the Port Arthur Baseball Association and the City of Port Arthur for the use of City baseball fields this spring, a copy of each of said contract is attached as Exhibits "A—C". THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. THAT, this resolution authorizes contracts with, and fields use by, the specified entity, and that all other use of the fields by any other entity must be requested from and approved in writing by, the City of Port Arthur. READ, ADOPTED AND APPROVED THIS day of April A.D., 2015, 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. 18960 04/08/15 cs pg. 2 Mayor ATTEST: City Secretary APPROVED AS TO FORM: I d City Attorney APPROVED FOR ADMINISTRATION: City Manager / 7- .. . Directo • Parks & Rea '61 n 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 Baseball Association (referred to in this Agreement as the "League"), for the use of a baseball field, located in Senior Field, at 6010 Park Road/Adams, 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 baseball 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 League. B. The City agrees to permit the League to use certain facilities for the purpose of conducting baseball 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. 1 D. The League agrees to do all things necessary to manage and administer a Port Arthur Baseball Association Baseball 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 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 shall be deemed agents or employees of the League. 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 League; 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 City Manager. No one can use the field after 10:30 p.m. without the approval of 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 Parks and Recreation Director 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 League. 2 II. DURATION OF AGREEMENT This Agreement shall be in force from the date of signing by the parties until July 31, 2015. III. TERMINATION OF AGREEMENT This agreement may be terminated by either party giving thirty (30) 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 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 League, 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 League, or (2) the operations under or otherwise incident to the provisions of this contract. 3 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$100,000.00 for each person injured, $300,000.00 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. 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. VI. If the facilities are not maintained, the City reserves the right, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the League for costs associated with their noncompliance with this agreement. 4 SIGNED IN DUPLICATE ORIGINALS, this the day of April, 2015. CITY OF PORT ARTHUR BY: BRIAN MCDOUGAL CITY MANAGER ATTEST: CITY SECRETARY PORT ARTHUR BASEBALL ASSOCIATION BY: PRESIDENT PRINT NAME: ATTEST: SECRETARY 5 EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Port Arthur Baseball Association (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM 1 The City agrees to give the League first priority use of a baseball field located in Senior Field, located at 6010 Park Road/Adams, Port Arthur, Texas, during the months of April thru July 31, 2015. ITEM 2 The League shall: 1. Maintain the fields daily by dragging, 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 dugouts, scoreboards,press boxes, and storage areas. (See existing property inventory prepared by the Parks and Recreation Director and attached and made a part hereof.) 4. Maintain litter control. ITEM 3 The City shall: 1. Do major fence repair(if funds are available). 2. Do minor fence repairs. 3. Pay electric bill February through August. Electricity will be cut off September through January. 4. Replace lamps that are burned out. 5. Furnish infield dirt(maximum four(4) loads). 6 EXHIBIT "A" CONT.: 6. Cut outfield grass (upon request) and trim around outside of fences if personnel is available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 Operation of the concession stand will be managed by the League, 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 Parks and Recreation Director of any such changes. All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department and the Director of Parks and Recreation. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. 7 PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Senior Field 6010 Park Road/Adams 1 Scoreboard 1 Concession stand 8 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 the Port Arthur Baseball Association (referred to in this Agreement as the "League"), for the use of a baseball field, located in Roy O'Neal Field, at • 6020 Park Road/Adams, 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 baseball 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 League. B. The City agrees to permit the League to use certain facilities for the purpose of conducting baseball 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 Baseball League Baseball 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 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 shall be deemed agents or employees of the League. 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 League; 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 City Manager. No one can use the field after 10:30 p.m. without the approval of 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 and 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 League. 2 II. DURATION OF AGREEMENT This Agreement shall be in force from the date of signing by the parties until July 31, 2015. III. TERMINATION OF AGREEMENT This agreement may be terminated by either party giving thirty (30) 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 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 League, 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 League, 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. 3 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$100,000.00 for each person injured, $300,000.00 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. 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 therefore, and the League shall repay the premium to the City the next month following the date on which the premium is paid. VI. If the facilities are not maintained, the City reserves the right, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the League for cost associate with their noncompliance with this agreement. 4 SIGNED IN DUPLICATE ORIGINALS, this the day of April 2015. CITY OF PORT ARTHUR BY: BRIAN MCDOUGAL CITY MANAGER ATTEST: CITY SECRETARY PORT ARTHUR BASEBALL ASSOCIATION BY: PRESIDENT ATTEST: SECRETARY 5 EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Port Arthur Baseball Association (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM 1 The City agrees to give the League first priority use of a baseball field located in Roy O'Neal Field, located at 6020 Park Road/Adams, Port Arthur, Texas, during the months of April thru July 31, 2015. ITEM 2 The League shall: 1. Maintain the fields daily by dragging, 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 dugouts, scoreboards,press boxes, and storage areas. (See existing property inventory prepared by the Parks and Recreation Director and attached and made a part hereof.) 4. Maintain litter control. ITEM 3 The City shall: 1. Do major fence repair(if funds are available). 2. Do minor fence repairs. 6 EXHIBIT "A" CONT.: 3. Pay electric bill February through August. Electricity will be cut off September through January. 4. Replace lamps that are burned out. 5. Furnish infield dirt(maximum four(4) loads). 6. Cut outfield grass (upon request) and trim around outside of fences if personnel is available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 Operation of the concession stand will be managed by the League, 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 Parks and Recreation Director of any such changes. All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department and the Director of Parks and Recreation. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. 7 EXHIBIT "A" CONT PROPERTY INVENTORY FOR LEAGUE MAINTENANCE Roy O'Neal Field 6020 Park Road/Adams 1 Scoreboard 1 Batter's cage 1 Concession stand 8 EXHIBIT "C" 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 Baseball Association (referred to in this Agreement as the "League"), for the use of a baseball field, located in U.G. Gibson Field, at 6010 Park Road/Adams, 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 baseball 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 League. B. The City agrees to permit the League to use certain facilities for the purpose of conducting baseball 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. 1 D. The League agrees to do all things necessary to manage and administer a Port Arthur Baseball Association Baseball 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 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 shall be deemed agents or employees of the League. 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 League; 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 City Manager. No one can use the field after 10:30 p.m. without the approval of 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 Parks and Recreation Director 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 League. 2 II. DURATION OF AGREEMENT This Agreement shall be in force from the date of signing by the parties until July 31. 2014. III. TERMINATION OF AGREEMENT This agreement may be terminated by either party giving thirty (30) 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 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 League, 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 League, 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. 3 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$100,000.00 for each person injured, $300,000.00 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. 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 therefore, and the League shall repay the premium to the City the next month following the date on which the premium is paid. VI. If the facilities are not maintained, the City reserves the right, at its discretion, to demolish all dilapidated structures and/or repair those structures. Depending on the nature of the repairs, renovations and/or demolition, the City reserves the right to charge the League for costs associated with their noncompliance with this agreement. 4 SIGNED IN DUPLICATE ORIGINALS, this the day of April, 2015. CITY OF PORT ARTHUR BY: BRIAN MCDOUGAL CITY MANAGER ATTEST: CITY SECRETARY SIGNED IN DUPLICATE ORIGINALS, this the day of April, 2015. PORT ARTHUR BASEBALL ASSOCIATION BY: PRESIDENT ATTEST: SECRETARY 5 EXHIBIT "A" This Exhibit shall be construed in conjunction with the attached Agreement between the Port Arthur Baseball Association (hereinafter called "League") and the City of Port Arthur for the use of certain baseball facilities in City parks. ITEM 1 The City agrees to give the League first priority use of a baseball field located in U.G. Gibson Field, located at 6010 Park Road/Adams, Port Arthur, Texas, during the months of April thru July 31, 2015. ITEM 2 The League shall: 1. Maintain the fields daily by dragging, 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 dugouts, scoreboards,press boxes, and storage areas. (See existing property inventory prepared by the Parks and Recreation Director and attached and made a part hereof) 4. Maintain litter control. ITEM 3 The City shall: 1. Do major fence repair (if funds are available). 6 EXHIBIT "A" CONT.: 2. Do minor fence repairs. 3. Pay electric bill February through August. Electricity will be cut off September through January. 4. Replace lamps that are burned out. 5. Furnish infield dirt (maximum four(4) loads). 6. Cut outfield grass (upon request) and trim around outside of fences, if personnel are available. 7. Furnish portable toilets. 8. Maintain bleachers. ITEM 4 Operation of the concession stand will be managed by the League, 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 Parks and Recreation Director of any such changes. All expansion/additions or modifications must be reviewed and approved by the City of Port Arthur's Inspection Department and the Director of Parks and Recreation. ITEM 6 The League will provide a current set of keys for all locks and update as needed to the Parks and Recreation Director. 7 PROPERTY INVENTORY FOR LEAGUE MAINTENANCE U.G. Gibson Field 6010 Park Road/Adams 1 Scoreboard 1 Concession stand 8