HomeMy WebLinkAboutPR 20596: THE 5TH ANNUAL CHRISTMAS CAR SHOW AND CONCERT P.R. No. 20596 11/28/18 ht RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE 5TH ANNUAL CHRISTMAS CAR SHOW AND CONCERT ENTERTAINMENT AREA, DESIGNATING Q. PRODUCTIONS, LLC AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH Q. PRODUCTIONS, LLC WHEREAS, Q. Productions, LLC by and through its owner, Dr. Levy Q. Barnes, Jr. has held annual Christmas concerts and events in the City' s downtown area for many years ; and WHEREAS, Q. Productions, LLC has expressed intentions of hosting a 5th Annual Christmas Car Show and Concert on Saturday, December 8 , 2018 in conjunction with the City' s Annual "Light Up Our City" Christmas Parade; and WHEREAS, the car show and concert will be open to the public and 100% free admission to everyone in the community; and WHEREAS, Q. Productions, LLC is requesting Council approval to utilize the Downtown Pavilion located at 500 Procter Street for said event; and WHEREAS, the City Council and the citizens of Port Arthur also desires to promote the 5th Annual Christmas Car Show and Concert as a means to stimulate business and entertainment activities within the City; and WHEREAS, the designation of Q. Productions, 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 . Section 2 . That the City Council hereby designates and establishes the entertainment area for the 5th Annual Christmas 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 Q. Productions, LLC is hereby designated as the exclusive concessionaire of the 5th Annual Christmas Car Show and Concert . Section 4 . That the City Manager is hereby authorized to execute an Agreement with Q. Productions, LLC 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 Q. Productions has provided a certificate of insurance coverage designated the City as the additional insured as shown 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" Q. Productions LLC P.O. Box 1467 www.drlevy.info Groves,TX 77619 gmusicproductionsllc@yahoo.com Dear City of Port Arthur, We are holding our 5th annual Christmas with Dr. Levy and the Fancy Step Ryders. At this event we give out hundreds of toys and bicycles to children who are in homes with financial hardship, single mothers, and homes with absent parents. Last year we were able to feed and give toys to over 500 children. In order to facilitate this, in addition to using our own funds, we have local businesses and individuals donate so that we can have enough money to facilitate this. In addition to giving out toys we have festivities for those who come out to enjoy. We give out food children, have horse rides, a bounce house, and a petting zoo.This year we are adding in clowns and cartoon characters in costume. Following that we have a car show for the community. After the car show we participate with the parade. We then return back and have a performance at the Pavilion. Last year we had Memorial Highschool as our guest and this year they will be performing along with Lincoln middle school choir and band. Last we will have other performers from around the city. We hope to be able to continue this yearly tradition. We are proposing the same thing that we do. We desire to use the Pavilion and its amenities to have our annual event as mentioned above from 10 am until 8pm.Thank you. Sincerely, Dr. Levy Q. Barnes,Jr. (409) 239-7492 levyq@ymail.com ,.,..... a ,:_- , t i-SI,.°?1S4' Fif/I,, a p Sir -Pe- ' -:,-.r .. a0 w.. & ‘ . 4 k'I ; "cl 1- Ili" . - 4 ' 'di err $ ‘ ,11‘ .L ja. „ :. ►' 4 rte. r.. ... s err f # • ' i g e s d _ _,.1-,' ':-.-:_li. :4,;17:_ji•:::—.".-:_*.-1. , IN t -ry t. S I ' ... , j1 '''....., i' i } ___....„ . _ _ ' AuaUn Ave , Austin'.Ave NNI 4 7. S7 ' .._. L �. c r` y1 `'_. Y Y I E .._ . _ I s 04(4, 7' -- .. ( `��. Exhibit "B" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND Q. PRODUCTIONS, LLC THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and the Q. Productions, LLC, by and though its owner, Dr. Levy Q. Barnes, Jr. ("Q. Productions"). WITNESSETH: WHEREAS, the City and Q. Productions by and through its owner Dr. Levy Q. Barnes, Jr, are desirous in hosting a 5th Annual Christmas 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 Q. Productions 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 5th Annual Christmas Car Show and Concert activities. NOW, THEREFORE, it is hereby agreed that the City and Q. Productions enter into this Agreement regarding said 5th Annual Christmas Car Show and Concert activities: 1. General Provisions. During the 5th Annual Christmas Car Show and Concert, Q. Productions 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 Q. Productions. Q. Productions does hereby agree to be responsible for the following activities in connection with the 5th Annual Christmas Car Show and 1 Concert Event, at its expense, and the City does hereby delegate said responsibilities to Q. Productions along with certain income or revenues associated therewith: (a) Q. Productions shall recommend the area for such car show and concert celebration, subject to the approval and designation of the City Council. (b) Q. Productions is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the 5th Annual Christmas 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 Q. Productions 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 Q. Productions before conduction any business within the entertainment area. (c) Q. Productions is authorized to charge $0.00 fees for admission into the entertainment area; fee shall not exceed $0.00 per person on Saturday, December 8, 2018. (d) Q. Productions 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. (c) Q. Productions agrees to arrange for fencing the entertainment area, and the City shall approve the area that Q. Productions intends to fence. Q. Productions shall determine the location of fencing gates with the approval of the City, and shall prepare all passes, provide attendants, provide gate 2 attendant information sheets, and prepare the signage to the entrance gates. Q. Productions agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) Q. Productions is responsible for arranging the entertainment area for performers and entertainers, and obtaining clearances and approval from the City Council when required to accomplish particular tasks. Q. Productions 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. Q. Productions will not move or unduly interfere with the setup of the stages by the City. (h) Q. Productions 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) Q. Productions shall provide trash barrels in the car show and concert entertainment area. (j) Q. Productions shall be in charge of the cleanup of the entertainment area. (k) Q. Productions shall coordinate and enforce contracts with all temporary concessions in the 5th Annual Christmas Car Show and Concert entertainment area, and the City shall have the right to approve or disapprove said concessions after Q. Productions approval. 3 (1) Q. Productions shall coordinate all 5th Annual Christmas Car Show and Concert activities, and shall, when necessary, secure special approval of the City. (m) Q. Productions shall submit a master plan to the City prior to the event of all activities to be undertaken as a part of the 5th Annual Christmas 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. (n) Q. Productions shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the 5th Annual Christmas 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 5th Annual Christmas 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 4 additionally provide contractual liability coverage for Q. Productions 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 Q. Productions. 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 5th Annual Christmas Car 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 Q. Productions 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 Q. Productions' obligation under this section. (o) Q. Productions 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, 5 (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 5th Annual Christmas 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. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the 5th Annual Christmas Car Show and Concert, said expenses to be reimbursed by Q. Productions. (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 Q. Productions. (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 Q. Productions 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 Q. Productions has approved or proposed same. 6 (e) The City must approve any and all firework displays or laser light shows being planned, after Q. Productions has first approved or proposed same. 4. Term. This agreement shall be in force and effect until December 31, 2018. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the 5th Annual Christmas Car Show and Concert celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. Q. Productions 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 5th Annual Christmas Car Show and Concert festivities for each year subject to the Agreement. 7. Security. Q. Productions 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. Q. Productions 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. Q. Productions will not be authorized to sell and/or consume alcohol in entertainment area during the event. 9. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to the 5th Annual Christmas Car Show and Concert, including but not limited to the enforcement of the Port Arthur Code of Ordinances 7 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. SIGNED AND AGREED TO on this day of , A.D.. 2018. By: Dr. Levy Q. Barnes,Jr., Q. Productions, LLC ACKNOWLEGEMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Dr. Levy Q. Barnes, Jr., Q. Productions, LLC 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 Exhibit "C" / 1 ® DATE(MM/DD/YYYY) Acc)fe o CERTIFICATE OF LIABILITY INSURANCE 11/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Will Maddux NAME: East Main Street Insurance Services, Inc. bac No,Ext): (530)477-6521 FAX ,No): Will Maddux E-MAIL no eevene ADDRESS: ifththler.com @ p PO Box 1298 INSURER(S)AFFORDING COVERAGE NAIC# Grass Valley CA 95945 INSURER A: Lloyds Syndicate 2623 AA-1128622 INSURED INSURER B: Lloyds Syndicate 623 AA-112662 Q.Productions,LLC INSURER C: Levy Barnes INSURER D: 3741 Avalon Ave INSURER E: Port Arthur TX 77642 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLISUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE NTED X CLAIMS-MADE OCCUR PREM SESO(otlrer than fire) $ 1,000,000 X Host Liquor Liability MED EXP(Any one person) $ 5,000 A Retail Liquor Liability Y EH-771318-L1408997 12/08/2018 12/09/2018 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- CT LOC PRODUCTS-COMP/OP AGG $ INCLUDED OTHER: Deductible $ 1,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE _ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETORJPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder listed below is named as additional insured per attached CG 20 26 07 04. Attendance: 100,Event Type:Weddings and Wedding Receptions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Port Arthur Texas Dr.Levy Q. Barnes,Jr AUTHORIZED REPRESENTATIVE 500 Procter st jf f 0 Port Arthur TX 77640 Gtr' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: EH-771318-L1408997 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 Texas Dr. Levy Q. Bames,Jr 500 procter st Port Arthur,TX 77640 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- zation(s) 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 ❑