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HomeMy WebLinkAboutPR 20589: THE FATHER'S DAY CAR SHOW AND CONCERT P.R. No. 20589 11/14/18 ht RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE FATHER' S DAY CAR SHOW AND CONCERT ENTERTAINMENT AREA, DESIGNATING SOUTHEAST TEXAS RIDERS CAR CLUB OF PORT ARTHUR AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHEAST TEXAS RIDERS CAR CLUB OF PORT ARTHUR WHEREAS, the Southeast Texas Riders Car Club of Port Arthur is a non-profit, unincorporated business, owned by Toryn James Foreman; and WHEREAS, the Southeast Texas Riders has express intentions of hosting a Father' s Day Car Show and Concert on Saturday, June 15, 2019 ; and WHEREAS, Southeast Texas Riders and Toryn Foreman is requesting Council approval to utilize the Downtown Pavilion located at 500 Procter Street for the said car show and concert; and WHEREAS, the City Council and the citizens of Port Arthur also desires to promote the Father' s Day Car Show and Concert as a means to stimulate business and entertainment activities within the City; and WHEREAS, the designation of Southeast Texas Riders 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 . Section 2 . That the City Council hereby designates and establishes the entertainment area for the Father' s Day Car Show and Concert 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 . Section 3 . That the Southeast Texas Riders Car Club of Port Arthur is hereby designated as the exclusive concessionaire of the Father' s Day Car Show and Concert . Section 4 . That the City Manager is hereby authorized to execute an Agreement with Southeast Texas Riders Car Club of Port Arthur with said Agreement containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit "B" . Section 5 That the Southeast Texas Riders and Toryn Foreman will provided a certificate of insurance coverage naming the City as the additional insured, thirty (30) days prior to the event as delineated in Exhibit "C" . Section 6 . That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council . 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: Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager Ronald Burton, Asst . City Manager - Operations Timothy Duriso, Chief of Police Larry Richard, Fire Chief Chandra Alpough, Director of Parks and Recreation Darlene Thomas Pierre, Director of Code Enforcement Exhibit "A" S 1 1 ItiliSttEXtt. - ___�. •; RIDER A Southeast Texas Riders Car Club 6142 17th Street Port Arthur,Texas 77642 Contact:T r ,r1 Foreman Owner/President On June 15,2019 Father's Day weekend my car club the Southeast Texas Riders of Port Arthur Texas would like to host a Father's Day Car Show An Concert. By allowing us to do so this will generate lots of revenue to the City Of Port Arthur, not only will we have major recording artists from Louisiana and Houston but we will generate more car clubs from Austin, Houston, Louisiana it will be a$10.00 cover charge to attend the car show from 9am to 3pm also it is a$ 100.00 entry fee to enter their cars in the car show 1st Place winners will win $1000.00 for the car show an bass competition. From 7pm to 3am the concert will be Held where we will have Level , Big Poppa, Poppa Hussein all 3 are Recording Artist From Louisiana an Lil Kj a recording Legend from Houston,Texas We are trying to bring Port Arthur back to a place where people would love to come an visit So As the President of the Southeast Texas Riders I along with my Car Club Members are asking your blessing on allowing us to give this event. Thank You For Your Time An Consideration Sincerely Yours Torxro,Foreman (Club Owner an President) P_- rLI-1-19 k` ts ,.., „; , ' i , i o . e K4 �- l 4 1 f] .... . v • .; . i . .\, . i 1 . , r 2 - i iia- �(\ ..._ �.._-_ �,_ i a► O — .. ., , i . 11e 1 "; .. r • r '• -At liflsny any ugsnr F y• E i 1YlY ,. , iq .• § s A---_ _— ~— • 4 y ,6a C � , 8 : 7 ... •. -N. " , 1- ` _ q: - =` #. -_ a — - if % , = t 3 a s r ` c •rit �,, �iii j _ _...... ....._ v.,..._ ‘isit ii,;,e,_ i�r r 0 1E ., �.__ u I (• 74' I d 41/...'a., 6 - Exhibit "B" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND SOUTHEAST TEXAS RIDERS CAR CLUB OF PORT ARTHUR THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and the Southeast Texas Riders Car Club of Port Arthur, by and though its President,Toryn Foreman ("Southeast Texas Riders"). WITNESSETH: WHEREAS, the City and Southeast Texas Riders by and through its president, Toryn Foreman, are desirous in hosting a Father's Day Car Show and Concert in downtown Port Arthur to enhance the development of the tourist industry in Port Arthur and improve the economic conditions of the City in general; and, WHEREAS, the City and Southeast Texas Riders desires 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 Father's Day Car Show and Concert activities. NOW, THEREFORE, it is hereby agreed that the City and Southeast Texas Riders enter into this Agreement regarding said Father's Day Car Show and Concert activities: 1 1. General Provisions. During the Father's Day Car Show and Concert, Southeast Texas Riders shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public car show and concert events and functions. 2. Duties of Southeast Texas Riders. Southeast Texas Riders does hereby agree to be responsible for the following activities in connection with the Father's Day Car Show and Concert Event, at its expense, and the City does hereby delegate said responsibilities to Southeast Texas Riders along with certain income or revenues associated therewith: (a) Southeast Texas Riders shall recommend the area for such car show and concert celebration, subject to the approval and designation of the City Council. (b) Southeast Texas Riders is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Father's Day Car Show and Concert period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from Southeast Texas Riders 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 Southeast Texas Riders before conduction any business within the entertainment area. (c) Southeast Texas Riders is authorized to charge the following fees for admission into the entertainment area: 2 Car Show: (9am—3pm) Concert: (3pm — 12am) i) $10 per Ticket i) $30.00 per Presale Ticket ii) $100 Car Entry Fee ii) $35.00 per Ticket at the Gate iii) $55.00 per VIP Ticket * fee shall not exceed $55.00 per person on Saturday, June 15, 2019 (d) Southeast Texas Riders shall obtain City Council approval for the street closure for the Car Show Event and Concert festivities, as outlined in the Port Arthur Code of Ordinances. (e) Southeast Texas Riders agrees to arrange for fencing the entertainment area, and the City shall approve the area that Southeast Texas Riders intends to fence. Southeast Texas Riders 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. Southeast Texas Riders agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) Southeast Texas Riders is responsible for arranging the entertainment area for performers and entertainers, ticket sales to the entertainment area, and obtaining clearances and approval from the City Council when required to accomplish particular tasks. Southeast Texas Riders shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) The City will provide the platform stages in the entertainment area, including putting up the stages and taking them down after the festival. 3 • Southeast Texas Riders will not move or unduly interfere with the setup of the stages by the City. (h) Southeast Texas Riders 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) Southeast Texas Riders shall provide trash barrels in the car show and concert entertainment area. (j) Southeast Texas Riders shall be in charge of the cleanup of the entertainment area. (k) Southeast Texas Riders shall coordinate and enforce contracts with all temporary concessions in the Father's Day Car Show and Concert entertainment area, and the City shall have the right to approve or disapprove said concessions after Southeast Texas Riders approval. (1) Southeast Texas Riders shall coordinate all Father's Day Car Show and Concert activities, and shall, when necessary, secure special approval of the City. (m) Southeast Texas Riders shall submit a master plan to the City on or before April 17, 2019 (60 days prior to the start of festival) of all activities to be undertaken as a part of the Father's Day Car Show and Concert, including the activities, concessions and location of the tentative 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. 4 (n) Southeast Texas Riders shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Father's Day Car Show and Concert, 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 Father's Day Car Show and Concert. 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 Southeast Texas Riders 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 Southeast Texas Riders. 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 and City Attorney no later than thirty (30) days before the commencement of the Father's Day Car 5 Show and Concert. 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 Southeast Texas Riders 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 Southeast Texas Riders' obligation under this section. (o) Southeast Texas Riders 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 Father's Day Car Show and Concert, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the entertainment area. 6 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Father's Day Car Show and Concert, said expenses to be reimbursed by Southeast Texas Riders. (a) Types and location of all temporary concession permits on public property within the entertainment area shall be subject to the prior approval of the Southeast Texas Riders. (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 Southeast Texas Riders 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 activities occurring or taking place on City streets, alleys, and rights-of-way after Southeast Texas Riders has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after Southeast Texas Riders has first approved or proposed same. 4. Term. This agreement shall be in force and effect until July 15, 2019. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Father's Day Car Show and Concert celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. Southeast Texas Riders and the City each agree to deliver to the other a report of its receipts and expenditures of the car show and concert within ninety (90) days after the conclusion of the 7 Father's Day Car Show and Concert festivities for each year subject to the Agreement. 7. Security. Southeast Texas Riders shall have at least two off-duty officers in attendance during the event. Security guards contracted through a licensed and bonded company may be used instead of off-duty officers only if the off-duty officers are not available. The chief of police may require additional security depending on crowd control and security plans provided and other information that he is cognizant of. Southeast Texas Riders shall reimburse the City for the overtime costs (hours worked outside normal shifts) of police, firefighters and other City personnel, as a result of the additional security required by the chief of police. 8. Alcohol. Contingent upon the approval and permitted by Texas Alcohol and Beverage Commission (TABC), the City may authorize Southeast Texas Riders to sell and consume alcohol only in the designated entertainment area. 9. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to the Father's Day Car Show and Concert, 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 car entertainment area. 10. Amendments. This Agreement shall not be altered or amended without the prior written consent of all parties hereto as to such alteration or amendment. 8 SIGNED AND AGREED TO on this day of A.D., 2018. By: Toryn Foreman, President Southeast Texas Riders Car Club of Port Arthur, Texas ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Toryn Foreman, President of Southeast Texas Riders Car Club of Port Arthur Texas 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 9 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 10 Exhibit "C" Event General Liability Insurance PROPOSAL NUMBER event1377$$4 Proposal & Application PREPARED ON helper 11/12/2018 .com Payment Outstanding: Click here to make payment PRICING VALID UNTIL 11)19/2018 (7 days) PREPARED FOR LICENSED AGENT(ALL SD STATES) Southeast Texas Riders East Main Street Insurance Services, Inc. Toryn Foreman Will Maddux 6142 17th St, Port Arthur, TX 77642 PO Box 1298 Phone: 4093446178 Email: torynforeman78@gmail.com Grass Valley, CA 95945 PROPOSAL CREATED BY INSURED BY www.TheEventHelper corn Inc. Evanston Insurance Company NAIC: 35378 Alexis Thayer Rating: A.M. BEST A(Excellent) XV 1020 McCourtney Rd. Suite B, Grass Valley, CA 95949 Phone: (530) 477-6521 Email: alexis@theeventhelper.com COVERAGE LIMITS POLICY COVERAGE INTENT Each Occurrence (Includes Bodily Injury and $1,000,000 This is just an brief overview, see policy for exact Property Damage) coverage. Personal & Advertising Injury $1,000,000 Property Damage Coverage for your rented Event Locations. Products /Completed Operations Aggregate $1,000.000 Bodily Injury Coverage for your Event Attendees. General Aggregate $2,000,000 Protection from Property Damage & Bodily Injury Lawsuits. Medical Payments $5,000 Liquor Liability Host Included COST BREAKDOWN Waiver of Subrogation Not Included Premium $120.00 Additional Insured(s) Included Stamping Fees $0.18 Hired & Non-Owned Auto Not Included Tax $5.83 Deductible $1,000 Policy Fee $55.30 Risk Purchasing Group Membership Cost $0.00 Outstanding Policy Cost $181.31 EVENT DETAILS UNDERWRITING QUESTIONS Where is your event? TX See Underwriting Document Total days of coverage you need? 2 Estimated total attendance? 150 Concerts -Jam COVERAGE TERM Dates of Coverage: 06/15/2019, 06/16/2019 ADDITIONAL INSUREDS(SHOWING 1 OF 1) City of Port Arthur 444 4th Street Port Arthur, TX 77640 Phone: (530) 477-6521 Email: alexis@theeventhelper.com Office Hours: Monday-Friday, 7am - 5pm PST Page 1 of 2 2018 www.TheEventHelper.com Inc., 1020 McCourtney Rd Suite B. Grass Valley. CA 95949 = PROPOSAL NUMBER 4." , '. t,< Event General Liability Insurance 1377884 Proposal & Application PREPARED ON __ 11/12/2018 Payment Outstanding: Click here to make payment PRICING VALID UNTIL 11/19/2018 (7 days) REFUND POLICY If I choose to cancel my general liability policy, I will be subject to a refund fee of$55.30, the full Administration Charge on my policy. In the very unlikely case www.TheEventHelper.com's coverage terms do not meet my venue's insurance requirements and cannot be amended to do so, I am eligible for a full refund of my policy price. No refunds will be issued after the commencement of the policy period. TERMS 6i CONOn7ONS NOTICE TO THE APPLICANT No fact, circumstance or situation indicating the probability of a Claim or action for which coverage may be afforded by the proposed insurance is now known by any person(s) or organization(s) proposed for this insurance other than that which is disclosed in this application. It is agreed by all concerned that if there is knowledge of any such fact, circumstance or situation, any Claim subsequently emanating there from shall be excluded from coverage under the proposed insurance. For the purpose of this application, the undersigned authorized agent of the person(s) and organization(s) proposed for this insurance declares that to the best of his/her knowledge and belief, after reasonable inquiry, the statements in this application and in any attachments, are true and complete. Underwriting Managers or the Company are authorized to make any inquiry in connection with this application. Signing this application does not bind the Company to provide or the Applicant to purchase the insurance. If the information in this application and any attachment materially changes between the date this application is signed and the effective date of the policy, the Applicant will promptly notify the underwriter, who may modify or withdraw any outstanding quotation or agreement to bind coverage. TERMS AND CONDITIONS A. I/We warrant to the Company, that l/Wk understand and accept the notice stated above and that the information contained herein is true and that it shall be the basis of the policy and deemed incorporated therein, should the Company evidence its acceptance of this application by issuance of a policy. Note: This application is signed by undersigned authorized agent of the Applicant(s) on behalf of the Applicant(s)and its owners, partners, directors, officers and employees. Name of Person Acknowledging warranty: Toryn Foreman, 11/12/2018 B. l/We confirm that we understand that your Athletic/Sporting Participants, Performers/Crew/Stunts, Firearms, Auto Exposures, Animal Exposures, Unmanned Aircraft& explosives and Assault& Battery are Excluded From This Policy. C. Uwe confirm that there will be no Mosh Pits or Fireworks/Pyrotechnics of any Kind. D. I understand there is no coverage for amusement devices, inflatables, rides or animals (classified animal event removes animal exclusion).This does not mean you cannot have them at your event, it means our policy will exclude coverage for water activities, amusement devices, inflatables, rides or animals. This policy will not cover any athletic or sports participants, employees, volunteers, or individuals compensated by the insured. E. l/Wie understand that the event types under "EXCLUDED EVENT TYPES" are excluded from this policy. EXCLUDED EVENT TYPES Aircraft Events; Boat Shows (on the open water); Cannabis Events or Products; Concerts with Rap, Hip Hop, Heavy Metal, or Hard Rock; Go Kart Races; Hang Gliding/Sky Diving; Hot Air Balloon Rides or Events; Motorized Sporting Events; Parachuting; Protests, Rallies or Marches; Haunted Houses, Haunted Attractions; Unmanned Aircraft; Skateboarding; Fraternity Parties; Sorority Parties; Firearms; Parasailing; Raves; Roller Coasters/Sky Coasters; Sky Diving; Tractor Pulls, Trampolines, Wall Climbing, War Games/Re-enactments, Water Events (unless classified as water event type), Water Slides F. You are hereby notified that your policy will terminate effective no later than the date and time of its expiration. You have no right of automatic renewal and additional coverage will require application with no guarantee of approval or policy issuance, I understand that by purchasing this insurance I am joining the Promotion, Event and Prize Purchasing Group. Licensed Agent in all 50 states: V1/4111Maddux PURCHASE LINK httos://www.theeventheloer.com/purchase/index?eha=1377884&ehsa=ooerl_or000sal&session=fiKd1T Phone: (530) 477-6521 Email: alexls@theeventhelper.com Office Hours: Monday-Friday, lam- 5pm PST Page 2 of 2 © 2018 www.TheEventHelper.com Inc 1020 McCourtney Rd. Suite B, Grass Valley, CA 95949