Loading...
HomeMy WebLinkAboutPR 19742: SOUTHEAST TEXAS SPRINGFEST AREA FOR 2017 P.R. NO. 19742 05/05/2017 CA PAGE 1 OF 13 RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE SOUTHEAST TEXAS SPRINGFEST AREA FOR 2017, DESIGNATING THE RECREATIONAL EVENT ACTIVITY TEAM (TREAT) AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TREAT WHEREAS, The Recreational Event Activity Team (TREAT) desires to work with the City of Port Arthur to hold the Southeast Texas Springfest; and, WHEREAS, Chapter 90 of the Code of Ordinances establishes the rules and procedures for the festivals such as Mardi Gras, Calvoilcade, Shrimpfest, Mercado Days, and the Zachery Breaux Jazz Festival; and, WHEREAS, the City Council desires to promote the Southeast Texas Springfest as a means to stimulate business and commercial activity in the City; and, WHEREAS, the designation of TREAT, as exclusive concessionaire and the entering into an agreement therewith is appropriate under 380. 001 Local Government Code; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council designates and establishes the entertainment area for the 2017 Southeast Texas Springfest celebration to be that certain area depicted on Exhibit "A" attached hereto and made a part hereof. THAT TREAT is hereby designated as the exclusive concessionaire of Southeast Texas Springfest 2017 . P.R. NO. 19742 04/05/2017 CA PAGE 2 OF 13 THAT the City Manager of the City of Port Arthur is hereby authorized to execute an agreement with TREAT, said agreement containing duties and responsibilities of each party. THAT a copy of said agreement is attached hereto and made a part hereof as Exhibit "B". 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 April, A. D. , 2017, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, TMRC, City Secretary P.R. NO. 19742 04/05/2017 CA PAGE 3 OF 13 APPROVED AS TO FORM: Ali' Va ecia Ti 9 o, •ity A rney 4f APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Jerry Smith, Director of Parks and Recreation 1) Term. This Agreement shall be in force and effect until April 30, 2017 . m) Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to Southeast Texas Springfest. n) 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 the day of April, 2017 . CITY OF PORT ARTHUR, TEXAS By: Brian McDougal City Manager ATTEST: Sherri Bellard, City Secretary SIGNED AND AGREED TO on the day of April, 2017 . THE RECREATIONAL EVENT ACTIVITY TEAM By: Debra Welch EXHIBIT " B " MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND THE RECREATIONAL EVENT ACTIVITY TEAM (TREAT) THIS AGREEMENT, is made by and between the City of Port Arthur, Texas ("City") and The Recreational Event Activity Team. ( "TEAM") . WITNESSET H: WHEREAS, the City and TREAT are desirous in celebrating the Southeast Texas Springfest to enhance the development of the tourist industry in Port Arthur and improve the economic circumstances of the City in general; and, WHEREAS, the City and TREAT desire to enter into this Agreement defining and coordinating the duties and responsibilities of the parties to this Agreement, to facilitate the expeditious and efficient organization of Southeast Texas Springfest activities; and, NOW, THEREFORE, it is hereby agreed that the City and TREAT enter into this Agreement regarding said Southeast Texas Springfest activities scheduled for 2017 : 1 . General Provisions . During the dates of April 14 - 16, 2017, TREAT shall as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public Southeast Texas Springfest events and functions. 2 . Duties of TREAT. TREAT does hereby agree to be responsible for the following activities in connection with Southeast Texas Springfest 2017, at its expense, and the City does hereby delegate said responsibilities to TREAT along with certain income or revenues associated therewith: a) TREAT shall annually recommend the area for such Southeast Texas Springfest, subject to the approval and designation of the City Council. b) TREAT is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the Entertainment Area during the Southeast Texas Springfest period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees . Vendors must obtain endorsement from TREAT before obtaining a vendor permit from the City, if one is required. If a City vendor permit is not required, then vendors must obtain permission from TREAT before conducting any business within the Entertainment Area. c) TREAT shall obtain City Council approval for the street closure for Southeast Texas Springfest festivities, as outlined in Section 90-1 of the Port Arthur Code of Ordinances. d) TREAT agrees to arrange for arrangement of barricades for the Entertainment Area, and the area which TREAT intends to barricade shall be approved by the City. TREAT shall determine the location of barricades with the approval of City, and shall prepare all passes, provide attendants, provide gate attendant information sheets, and prepare the signage to the entrance gates. TREAT agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency entry. e) TREAT is responsible for arranging for the Entertainment Area performers and entertainers, ticket sales to the Entertainment Area, and obtaining clearances and approval from the City Council when required to accomplish particular tasks . TREAT shall be entitled to all revenues except as otherwise herein expressly provided from the Entertainment Area. f) TREAT shall be responsible for the platform stages in the Entertainment Area, including putting up the stages and taking them down after the festival, and arranging for necessary locations from private property owners or lessees. g) 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) City shall provide trash barrels in the Southeast Texas Springfest Entertainment Area. i) TREAT shall coordinate all "park and ride" areas. j ) TREAT shall be in charge of the cleanup of the Southeast Texas Springfest Entertainment Area. k) TREAT and City shall coordinate and enforce contracts with all temporary concessions in the Southeast Texas Springfest Entertainment Area, and the City shall have the right to approve or disapprove said concessions after TREAT approval. 3) TREAT shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Southeast Texas Springfest 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 Southeast Texas Springfest. The policies must be endorsed to state that the coverage extended to the City of Port Arthur, 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 ($1, 000, 000. 00) Dollars 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 TREAT and indemnification of the City. The coverage provided under any of the above policies of insurance shall be on a per occurrence basis. 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 TREAT. 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 before the commencement of the Southeast Texas Springfest. 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 prior to the effective date of cancellation; and in such case TREAT 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 TREAT' s obligations under this section. 4 . Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Southeast Texas Springfest. a. The City agrees to coordinate with TREAT in order to arrange for all security in public areas (including but not limited to the Entertainment Area, Staging Area, etc. ) . b. The City shall issue all temporary concession permits along the Southeast Texas Springfest Entertainment Area, upon payment of the permit fee by each vendor. Types and location of all temporary concession permits on public property within the Southeast Texas Springfest Entertainment Area shall be subject to the prior approval of the TREAT. c. The City shall be responsible for approving in advance the location of the bleachers in the City right-of-way. d. The City shall have the right of approval over all Southeast Texas Springfest activities occurring or taking place on City streets, alleys and rights-of-way after TREAT has approved or proposed same. 5. Term. This Agreement shall be in force and effect until April 30, 2017 . 6. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to Southeast Texas Springfest. 7 . 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 the day of April, 2017 . CITY OF PORT ARTHUR, TEXAS By: Brian McDougal City Manager ATTEST: Sherri Bellard, City Secretary SIGNED AND AGREED TO on the day of April, 2017 . THE RECREATIONAL EVENT ACTIVITY TEAM By: Debra Welch WITNESS: ACS CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �./ 04/10/2017 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION East Main Street Insurance Services,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Will Maddux HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 1298 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Grass Valley,CA 95945 Phone:(530)477-6521 Email:info@theeventhelper.com INSURERS AFFORDING COVERAGE I NAIC# INSURED INSURER A: Evanston Insurance Company i 35378 TREAT INSURER B: Keith Richard 6001 Reba Dr INSURER C: Port Arthur,TX 77640 INSURER 0: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD•L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(IHM/DONY) LIMITS GENERAL LIABILITY EACH OCCURRENCE iNauoEs $ 1,000,000 800tY INJURY a PROPERTY DAMAGE A Y )( COMMERCIAL GENERAL LIABILITY 3DS5455-M1247851 SEE BELOW SEE BELOW MED EXP(Any one person) $ 5,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 Host Liquor Liability GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 X POLICY ECOT LOC DEDUCTIBLE $ 1,000 Retail Liquor Liability $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ _ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE _ $ _ _ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder listed below is named as additional insured per attached CG 20 26 07 04 for the following dates:04/14/2017,04/15/2017,04/16/2017,07/15/2017,09/16/2017, 12/23/2017&12/31/2017. Attendance:500,Event Type:Festival&Cultural Event-Outdoor. CERTIFICATE HOLDER CANCELLATION • City Of Port Arthur SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 444 4th Street DATE THEREOF.THE ISSUING INSURER WILL(NDEAVSSI TO MAIL 30 DAYS WRITTEN Port Arthur,TX 77642 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, •FISPRIGGN:FAIWGC. AUTHORIZED REPRESENTATIVE r 7/if.41/77A01,1110° ACORD 25(2001/08) ©ACORD CORPORATION 1988 Policy Number:3DS5455-M1247851 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) City Of Port Arthur 444 4th Street Port Arthur,TX 77642 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s)or organi- zations)shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0