Loading...
HomeMy WebLinkAboutPR 20387: DESIGNATING & ESTABLISHING THE TACO FESTIVAL ENTERTAINMENT AREA FOR 2018 P.R. No. 20387 08/07/18 ht RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE TACO FESTIVAL ENTERTAINMENT AREA FOR 2018, DESIGNATING OMEGA TV AND RADIO, LLC AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH OMEGA TV AND RADIO, LLC. WHEREAS, Omega TV and Radio, LLC is the owner of LA LEY 87 . 7 FM, a Spanish radio station that covers the Beaumont-Port Arthur region; and WHEREAS, Omega TV and Radio, LLC, along with LA LEY 87 . 7 FM has express intentions of holding a taco festival that focuses on music, food and family entertainment for the citizens of Port Arthur; and WHEREAS, the festival will be open to the public and 100% free to everyone in the community; and WHEREAS, Omega TV and Radio, LLC is requesting Council approval for the use of the Downtown Pavilion for said festival; and WHEREAS, the City desires to promote the Taco Festival as a means to stimulate business and commercial activity within the downtown area; and WHEREAS, the designation of Omega TV and Radio, LLC as exclusive concessionaire 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: Section 1 . That the facts and opinions in the preamble are true and correct; and Section 2 . That the City Council hereby designates and establishes the entertainment area for Taco Festival to be that certain area known as the Downtown Pavilion and surrounding areas as depicted and described in Exhibit "A" attached hereto and made a part hereof; and Section 3 . That Omega TV and Radio, LLC is hereby designated as the exclusive concessionaire of the Taco Festival; and Section 4 . That the City Manager is hereby authorized to execute an Agreement with Omega TV and Radio, LLC, with said Agreement containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit "B" ; and, Section 5 That Omega TV has provided a certificate of insurance coverage to the City as shown in Exhibit "C" ; and, Section 6 . That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council; and. READ, ADOPTED, AND APPROVED, this day of , 2018 AD, 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, City Secretary APPROVED AS TO FORM: ) /i5) Valecia R. ' zen.� City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager „v„ gzazuxS 1A1) i ...la" 1/;* l‘. , . - §B sir a .. ;,. `�" r --- ,�.r �, i . i pi A .d, ,� 4 ILl � ' j �'(I lu .... 41•:- 4s 4 r, jsu' r I c«I .A r i 1 t. E r_ G l i L' 1. " R6 46 1 .1 frif , I. `,/yam11: 4 � ♦ .......... , 1 - •+1 4101‘itv 111 it"44,0 .ip .� I� H I CC , a f` - ip F Ind 411; d1'. 1 .11i1Vl•.t44 441 Oi 'l Q z 1 '.-1.1 i„ .' (�]CS ,�� i `, ft ) ,. U I 0;.,1 1 .:11' 4 ' I _ 4 � 7dil r ,r A ' 4. i41� 1� i ., _. . ,�. . . Ili + ",, ✓ -; ^.a." ,_•`i is I ilti 4 , ''''.17,. k I 4. . r iA t r <ID ea clail Eft 0 -., • .roti; 0410.--,,, ,, . : 4 illi i! : s 4 _ I *ri rs -X9$1 1 N1 Iii, ..: '-I iIL1 :,Ima Mapmvlr.,., '+PFI;. ,fget( p CUn Y..a a Ii N i , 4 S II , ,i ' 11111 ge , eilli°40014116... - I r'. 6 i It , . I e e 1 ill 7 It. ill r , .. , " ..........„ I Eel "II s f III. *4711 i - 1 II , e i _ . .. . .. ..,_ • ., ., , .4. ,., ..... Anti, : irl '" ^%,',,e . • . 1/41164M464411MInt .... ,, ..,, tt I , r • ..ee . _ — . „at% 4 z azuxa AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND Omega TV and Radio, LLC and LA LEY 87.7 FM THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and the Omega TV and Radio, LLC and LA LEY 87.7 FM, by and though its owner, Daniel Melendez ("Omega TV"). WITNESSETH: WHEREAS,the City and Omega TV by and through its owner, Daniel Melendez, are desirous of continuing the celebration of the Taco Festival 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 Omega TV 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 the Taco Festival activities; and, NOW, THEREFORE, it is hereby agreed that the City and Omega TV enter into this Agreement regarding said Taco Festival activities scheduled for Sunday, August 26, 2018 between the hours of 2:00 P.M. — 10:00 P.M.: 1. General Provisions. During Taco Festival Omega TV shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all, public Taco Festival events and functions. 1 2. Duties of Omega Radio and TV, LLC. Omega TV does hereby agree to be responsible for the following activities in connection with the Taco Festival, at its expense, and the City does hereby delegate said responsibilities to Omega TV along with certain income or revenues associated therewith: (a) Omega TV shall recommend the area for such Taco Festival celebration, subject to the approval and designation of the City Council. (b) Omega TV is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Taco Festival period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from Omega TV before obtaining a vendor permit from the City, of one is required. If a City vendor permit is not required, then vendors must obtain permission from Omega TV before conducting any business within the entertainment area. (c) Omega TV is authorized to charge the following fees for admission into the entertainment area; fee shall not exceed $0.00 per person on Sunday, August 26, 2018. (d) Omega TV shall obtain City Council approval for the street closure for the Taco Festival festivities, as outlined in the Port Arthur Code of Ordinances. (e) Omega TV agrees to arrange for fencing the entertainment area, and the City shall approve the area that Omega TV intends to fence. Omega TV 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. Omega 2 TV agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) Omega TV 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. Omega TV shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) If applicable, the City will provide the platform stages in the entertainment area, including putting up the stages and taking them down after the festival. Omega TV will not move or unduly interfere with the setup of the stages by the City. (h) Omega TV 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. (i) Omega TV shall provide trash barrels in the Taco Festival entertainment area. (j) Omega TV shall be in charge of the cleanup of the Taco Festival entertainment area. (k) Omega TV shall coordinate and enforce contracts with all temporary concessions in the Taco Festival entertainment area, and the City shall have the right to approve or disapprove said concessions after Omega TV approval. (1) LA LEY 87.7 FM shall coordinate all Taco Festival activities, and shall, when necessary, secure special approval of the City. Omega TV shall 3 submit a master plan to the City immediately upon Council approval of this agreement of all activities to be undertaken as a part of the Taco Festival festivities, including the activities, concessions and location of the tentative Taco Festival 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. (m) Omega TV shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Taco Festival 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 Taco Festival. 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 Dollars ($1,000,000) 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 Omega TV 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 Omega TV. The policy 4 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 upon Council approval of this agreement and before the commencement of the Taco Festival. 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 Omega TV 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 Omega TV's obligation under this section. (n) Omega TV 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 whatsoever may arise out of or will be attributable, directly or indirectly, to the occurrence of the Taco Festival, or the 5 construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Taco Festival entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Taco Festival, said expenses to be reimbursed by Omega TV. (a) Types and location of all temporary concession permits on public property within the Taco Festival entertainment area shall be subject to the prior approval of the Omega TV. (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 after Omega TV 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. (d) The City shall have the right of approval over all Taco Festival activities occurring or taking place on City streets, alleys, and rights-of-way after Omega TV has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after Omega TV has first approved or proposed same. 4. Term. This agreement shall be in force and effect until September 27, 2018. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Taco Festival celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. Omega TV and the City each agree to deliver to the other a report of its receipts and expenditures of the Taco 6 Festival within ninety (90) days after the conclusion of the Taco Festival festivities for each year subject to the Agreement. Omega TV shall reimburse the City for the overtime costs (hours worked outside normal shifts) of police, firefighters and other City personnel, as well as the supplies and equipment that are requested by Omega TV and used for the event. 7. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to the Taco Festival, including but not limited to the enforcement of the Port Arthur Code of Ordinances which makes it unlawful for anyone to bring coolers containing food and beverages, glass containers, canned drinks and pets into the Taco Festival entertainment area. 8. 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., 2018. By: Daniel Melendez, owner Omega TV and Radio, LLC LA LEY 87.7 FM 7 ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Daniel Melendez, owner, Omega TV and Radio, LLC and LA LEY 87.7 FM known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2018. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 8 SIGNED AND AGREED TO on this day of , A.D., 2018. By: Harvey Robinson, Interim City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Harvey Robinson, Interim City Manager of the City of Port Arthur, known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2018. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 9 „a_, z gppc ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDIYYYY) �� 08/08/2018 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONTIVEROS INSURANCE GROUP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2770 COLLEGE ST HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BEAUMONT,TX 77701 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A LLOYDS OF LONDON OMEGA RADIO&TV LLC INSURER B _ 1846 INTERSTATE 10 S SUITE 101 INSURER C BEAUMONT,TX 77702 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 WTH 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'LT POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE 1MM/DD!YY) LIMITS •GENERAL LIABILITY OTEFQ-E 08/26/2018 08/27/2018 EACH OCCURRENCE S 1.000,000 A I A I X COMMERCIAL GENERAL LIABILITY I$AMAGFT6AENTEDS PREMISES(Ea occurence� t 50,000 - _ CLAIMS MADE X I OCCUR MED EXP(Any one person) S 1000 III - PERSONAL&ADVINJURY S __ 1,000,000 GENERAL AGGREGATE_ S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ INCLUDED POLICY PRO- -- - ----�-JECT ; LOC $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) _ ALL OWNED AUTOS - - --- - - - SCHEDULED AUTOS BODILY INJURY S (Per person) HIRED AUTOS -- — -- -- --' - —BODILY INJURY S INON-OWNED AUTOS i (Per accident) - -- OPERTY DAMAGE I I I(Per accident) S GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT b ANY AUTO E—I I OTHER THAN EA ACC b AUTO ONLY. AGG I S EXCESSNMBRELLA UABILITY I EACH OCCURRENCE S 1 OCCUR J CLAIMS MADE AGGREGATE S DEDUCTIBLE - I IS - S 1 RETENTION S b I WORKERS COMPENSATION AND I I WC STATU- I OTH' EMPLOYERS'LIABILITY TORY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE I E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? I I S It yes.descnbe under E.L.DISEASE-EA EMPLOYEE S SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS I f CERTIFICATE HOLDER CANCELLATION k CITY OF PORT ARTHUR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. 6.1.r", AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 a )co UNDERWRITERS, INC. Galleria North,Tower One 13737 Noel Road, 10th Floor Dallas,TX 75240 (Toll-Free)800-334-5579 (FAX)972-455-6849 (Claims FAX)336-538-0094 www.GoTapco.com Binder Summary Sheet Insured: Producer: Omega Radio and TV LLC 4221342 1846 Interstate 10, South Ste 101 Ontiveros Insurance Group LLC Beaumont, TX 77702 1935 Sams Way Beaumont, TX 77706 Producing Agent: Edgar Ontiveros Insurer: Effective/Expiration Date: 8/26/2018 to 8/27/2018 Lloyd's of London Term: One Day Binder ID: OTEFQ-E State: TX Percent Earned: 100% In accordance with your instructions, we have bound the following General Liability coverage; provided we receive a properly completed application and a premium payment within 12 days of the effective date shown above. Comments: Premium quoted includes charge for additional insured. The following will apply: CNG E138 (04 12) Bed Bug, Vermin or Pest Infestation Exclusion. Animals are Excluded. LMA3100 Sanctions and Limitation Exclusion applies. General Liability: $ 2,000,000 General Aggregate $ Included Products/Completed Operations Aggregate $ 1,000,000 Personal Injury/Advertising Injury $ 1,000,000 Each Occurrence Limit $ 50,000 Damage to Premises Rented to You $ 1,000 Medical Payments $ **250 BI/PD/P&AI Deductible Per Claimant 39029 - Concerts-Country, reggae, etc. Days 1 •1 49950 - Additional Insured Units 1 Excludes Professional,Nuclear Energy,War,Asbestos,Silica,Lead,Toxic Substances,Total Pollution, Radon Gas,Subsidence.Mold,Spores,Fungus, Known Injury or Damage,Exclusion—Losses,Claims and Litigation ?. Preceding Inception of Policy,Property Damage Claims in Progress, Participants,Assault&Battery,Abuse or Molestation,Liquor,Communicable Disease,Cancer,Employment Related Practices,Leased Workers,Voluntary Labor,Electromagnetic Fields,Injury To Contractors/Independent Contractors/Subcontractors, Radioactive Contamination,New Entities,Hired&Non Owned Auto,Year 2000 Computer Related and Other Electronic Problems,Violations of Statutes That Govern E-Mails/Fax/Phone Calls.Classification&Contractual Liability Limitations and Minimum and Deposit Premium Endorsement Apply. Terrorism is excluded unless coverage is purchased per the requirements of the Terrorism Risk Insurance Program Reauthorization Act of 2015.This list is for informational purposes only and does not intend to represent the entire list of forms and/or endorsements that may be attached to any policy issued as a result of this quotation. Location 1:500 Procter St,Port Arthur,TX 77642 Code 39029,Concerts-Country,reggae.etc. Coverage Type Basis User Adj. Rate GL $1 200.0000 Code:49950.Additional Insured,Special Event,venue-no special wording/form Coverage Type Basis User Adj. Rate Units 1 25.0000 We have bound General Liability coverage provided we receive a properly completed application and a premium payment within 12 days of the effective date shown above. Please return a copy of this binder with your net premium check to TAPCO. Failure to remit the net premium within 12 days of the effective date shown above will nullify and void this binder. Please note that this binder is for temporary insurance for a twelve-day period. This binder exists on its own terms and expires on its own terms. When a binder expires on its own terms,no coverage exists thereafter. Requirements for notice of cancellation to insureds do not apply to expired binder. Upon binding of the coverages listed herein,you the producing agent hereby confirm,any and all diligent searches as may be required in accordance with state statute have been performed. You agree to submit a copy of the affidavit to Tapco Underwriters,Inc./Tapco Insurance Services in accordance with state requirements and/or the request of Tapco Underwriters,Inc./Tapco Insurance Services. All applications to be completed have been attached to this account. Please note should any additional information/application be needed,it will be requested at the time of issuance. Any policy issued subsequent to this binder will be per the terms,coverages, limits and forms outlined in this binder. Differences in terms,coverages, limits and forms received on any application will NOT revise,change or update the policy at time of issuance. Any changes to this binder and any subsequent policy must be requested in writing by a separate request and any changes must be made by endorsement. This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus lines coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage,and the insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462,Insurance Code. Chapter 225,Insurance Code,requires payment of a 4.85 percent tax on gross premium(Article 1.14-2,7(a)). Plus.15%Texas Stamping Fee. Surplus Lines Licensee: William P.Pinson Jr.,License# 1427925 Lloyd's of London, Dawson House 5 Jewry Street, London, England EC3N2EX ctar )CO Post Office Box 286 * Burlington, NC 27216-0286 1-800-334-5579 / Fax 336-584-8880 www.GoTapco.com Please be advised: This request form does not automatically bind coverage for the additional insured. This request is subject to underwriting approval and no coverage exists until physically endorsed on to the policy. ADDITIONAL INSURED QUESTIONNAIRE Applicant name: CITY OF PORT ARTHUR Policy Number: A. General Information - To be completed for all requests 1. Name and address of Additional Insured: CITY OF PORT ARTHUR 2. What is the relationship of additional insured to the named insured? VENUE OF THE EVENT IS OWN BY THE CITY 3. Description of any equipment and its use: NONE B. Contracting Risks 4. Complete description of the work being performed: NO WORK, IS A RADIO STATION CONCERT THAT IS PRESENTING THE EVENT 5. Location of the job: Address: City: PORT ARTHUR State: TX 6. Is the work new construction?Yes 0 No GI 7. Service/repair work? Yes CI No CI 8. This work is: Residential: WI Commercial: CI Industrial: 0 North Carolina Office: SPECIAL EVENTS Fax 336-584-8880 a Florida Office: Ta p C O GENERAL Fax 727-572-7909 LIABILITY New York Office: Fax 516-741-2879 APPLICATION Texas Office: Post Office Box 286• Burlington, NC 27216-0286 Fax 336-584-8880 1-800-334-5579 • GoTAPCO.com OTEFQ California Office: Fax 714-542-0815 ACCT I D: Insured Name(as it should appear on the policy): OMEGA RADIO &TV LLC (Please include any Doing Business As,Trading As,Care of Trustee,Executor,or Estate of names.) Mailing Address: 1846 INTERSTATE 10 SOUTH SUITE 101 BEAUMONT, TX 77702 Location of Event: 500 PROCTER PORT ARTHUR, TX 77642 Proposed Effective Date: From 08/26/2018 To 08/27/2018 Years in Business: 1 _ Applicant is: Individual Corporation [1 Partnership Joint Venture ❑✓ Other(Specify) LLC LIMITS OF LIABILITY REQUESTED General Aggregate $ 2,000,000 Products&Completed Operations Aggregate $ INCLUDED Personal&Advertising Injury $ 1,000,000 Each Occurrence $ 1,000,000 Damage to Premises Rented to You $ 100,000 Medical Expense(any one person) $ 5,000 Other Coverages,Restrictions,and/or Endorsements $ Deductible $ 250 Additional Insured(include Name/Address): CITY OF PORT ARTHUR Interest of Additional Insured: PAVILION BELONGS TO THE CITY Applicant's Interest in this event: CITY OWNS THE PAVILION WHERE CONCERT EVENT WILL BE HELD Purpose of event(e.g. money raiser for charity): RADIO CONCERT FESTIVAL FOR THE COMMUNITY Names of other individual(s)or group(s)taking part in or sponsoring this event: Date(s)event(s)will take place:08/26/2018 Has this event taken place before?QYes ✓❑No If yes,what was the attendance? Give description of this event and participants: If this is a concert,who will be performing: YAHARI, TIGRILLOS, ADRIAN ACOSTA, KUMBION ZELEKTA, MAGIA LOCA If this is a concert,please indicate the type of music: ❑Classical [Gospel nGothic ❑Jazz ❑Cou ntry/Western 0 Heavy Metal ❑Rap ❑R& B ❑Hip hop ElBluegrass ❑Alternative Hard Rock ❑Other: MEXICAN REGIONAL FOLK Total number of days the event will take place: 1 Admission price per person: $ FREE Number of spectators anticipated per day: 800 Number of participants: 5 Type of seating provided: NO SEATS Seating is: ❑Reserved ❑✓ General Admission Estimated age group of audience: from 21 to 65 Describe the type of security provided: PRIVATE SECURITY Name of insurance carrier covering security guards: Limits: Describe type of products sold or displayed by concessions: TACOS, BUSINESS VENDORS (INSURANCE, LAWFIR,M, MEDICAL CLINIC, MOBILE VENDOR) Will alcohol be served?❑Yes E No By applicant or independent vendor? Will Liquor Liability coverage be obtained?n Yes IT No If yes,limits? Is a charge being made?(including ticket sales with alcohol included) ❑Yes E No Will a permit or license be obtained? ❑Yes E No Will separate Liquor Liability coverage be obtained by insured or independent vendor? nYes E No If yes,limits? Do participants sign waiver of liability agreements? nYes 7No Applicant's experience in conducting events of this similar nature: THEY HAVE 2 YEARS OF EXPERIENCE ON CONDUCTII EVENTS LIKE THIS, FESTIVAL DEL TACO BEAUMONT, PORT ARTHUR LAST YEAR 2017 Will certificates of insurance be required from all concessionaires?❑Yes E No Are you named as an additional insured? nYes rNo What limits do you require? NO FIREWORKS If there will be a fireworks display,describe all safety precautions: Name of licensed pyrotechnician: NO PYROTECHNICS Give name of person or organization putting on fireworks display.They must provide certificates of insurance showing limits eq ual to or exceeding the ones being applied for in this application. NO FIREWORKS Describe any electrical or stage construction work performed by or for the proposed insured: NO ANIMALS BEING USED Describe any animals being used or on display:__________________ Describe all mechanical rides: NONE Describe all inflatables: NONE Do amusement ride operators carry own insurance?nYes No If so,at what limits? 1,000,C Do you require certificates of insurance from all operators?0 Yes ❑No Previous Insurer: Indicate premium and losses for the past three years. Describe all losses.If none or no prior,indicate below. Year Company Pol.# Premium Losses Paid Losses Reserved Description APPLICANT'S STATEMENT:I hereby certify the information contained in this application is true and I agree that a misrepresentation of any of the facts by me will constitute reason for the Company to void or cancel any policy issued on the basis of this application,and I will hold the Compa- ny harmless for the action taken.I also agree that if a policy is issued pursuant to this application,the application shall become part of the policy and any renewal or rewrite thereof.I understand that coverage is not in force until bound with a Company Underwriter at TAPCO Underwriters,Inc. Applicant's Name(Please Print) Date 8/08/2018 Applicant's Signature _ Applicant's Phone# 409-767-7017 Agency Ontiveros Insurance Group LLC Agency Address 1935 Sams Way, Beaumont, TX 77706 Agent's Signature Agent's License Number Agent's Phone# (956) 330-0032 Agent's Fax# (956) 825-0414 Agent's Email Address EDGAR.ONIG@GMAIL.COM FLORIDA FRAUD STATEMENT: TENNESSEE/VIRGINIA FRAUD STATEMENT: Section 817.234(1)(b) "Any person who knowingly and with intent to injure,defraud,or It is a crime to knowingly provide false,incomplete or misleading informa- deceive any insurer files a statement of claim or an application containing any false, tion to an insurance company for the purpose of defrauding the company. incomplete,or misleading information is guilty of a felony of the third degree." Penalties include imprisonment,fines and denial of insurance benefits. Upon requesting quotes and/or placement for the coverage listed herein,the producing retail broker hereby confirms that he/she has performed any and all diligent searches,as may be required by statute,for coverage through licensed carriers or other means of placement.Where allowed by governing statutes,"diligent effort" may not require an actual physical search and declination on each risk,but may be based on the retail producing broker's own experience,opinion and overall knowledge of acceptability in the admitted marketplace. POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended ("TRIA"), that you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1)of the Act, as amended: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Any coverage you purchase for"acts of terrorism"shall expire at 12:00 midnight December 31, 2020, the date on which the TRIA Program is scheduled to terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates. YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES PAYS 85%THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON JANUARY 1, 2020; OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER(S) PROVIDING THE COVERAGE. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A USD100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS USD100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED USD100 BILLION, YOUR COVERAGE MAY BE REDUCED. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. I hereby elect to purchase coverage for acts of terrorism for a prospective premium of$100.00, state surplus lines tax of$5.00, total terrorism premium of$105.00. I hereby elect to have coverage for acts of terrorism excluded from my policy. I understand that I will have no coverage for losses arising from acts of terrorism. Lloyd's of London Policyholder/Applicant's Signature Company Print Name Policy Number Date OTEFQ Account Number LMA9104 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended ("TRIA"), that you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1)of the Act, as amended: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Any coverage you purchase for"acts of terrorism" shall expire at 12:00 midnight December 31, 2020, the date on which the TRIA Program is scheduled to terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates. YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES PAYS 85%THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON JANUARY 1, 2020; OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER(S) PROVIDING THE COVERAGE. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A USD100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS USD100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED USD100 BILLION, YOUR COVERAGE MAY BE REDUCED. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. I hereby elect to purchase coverage for acts of terrorism for a prospective premium of$100.00, state surplus lines tax of$5.00, total terrorism premium of $105.00. I hereby elect to have coverage for acts of terrorism excluded from my policy. I understand that I will have no coverage for losses arising from acts of terrorism. Lloyd's of London Policyholder/Applicant's Signature Company Print Name Policy Number Date OTEFQ Account Number LMA9104