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HomeMy WebLinkAboutPR 20767: EVENTO DE PASCUA "EASTER EVENT" P.R. No. 20767 04/01/19 ht RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE EVENTO DE PASCUA, ALSO KNOWN AS THE "EASTER EVENT" ENTERTAINMENT AREA, DESIGNATING THE HISPANIC GROUP AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE HISPANIC GROUP. WHEREAS, The Hispanic Group, acting by and through its President, Edith Valencia is requesting permission to utilize the Downtown Pavilion in order to host the Evento De Pascua festival herein referred to as "Easter Event" on Sunday, April 21, 2019; and WHEREAS, the Easter Event is a part of an annual Hispanic heritage cultural celebration within the community; and WHEREAS, the Easter Event will be open to the public with free admissions for anyone who wishes to come celebrate; and WHEREAS, the City Council desires to promote the Easter Event as a means to stimulate business and commercial activity within the City; and WHEREAS, the designation of The Hispanic Group 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 designates and establishes the entertainment area for the Evento De Pascua "Easter Event" festival to be that certain area known as the Downtown Pavilion and surrounding areas as depicted and described in Exhibit "C" attached hereto and made a part hereof . Section 3 . That the Hispanic Group is hereby designated as the exclusive concessionaire of the Evento De Pascua ( "Easter Event" ) . Section 4 . That the City Manager is hereby authorized to execute an Agreement with The Hispanic Group, with said Agreement P.R. No. 20767 04/01/19 ht containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit "A. Section 5 That Edith Valencia, President of the Hispanic Group has provided a certificate of insurance coverage to the City as depicted in Exhibit "B" . 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 2019 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: '1►► Er- 44447 Val- r_ R. izeno, Cit ttor ey P.R. No. 20767 04/01/19 ht APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager Ronald Burton, Asst. City Manager - Operations Timothy Duriso, Police Chief Larry Richard, Fire Chief Chandra Alpough, Director of Parks and Recreation Darlene Thomas Pierre, Director of Code Enforcement P.R. No. 20767 04/01/19 ht Exhibit "A" Edith Valencia 715 Bridgeview Bridge City, TX 77611 409-293-9183 To whom it may concern, This letter is to request permission to have an event on Sunday April 21' 2019 at the downtown pavilion. This event is free to the public. The event is being put together by The Hispanic Group. The group members are Jose Gutierrez, Zulema Escobedo and Edith Valencia. This event " Evento de Pascua" is to celebrate our Hispanic culture. This event is open to everyone. We will have different food vendors; different businesses are going to be volunteering to do face painting and different activities for children. Mexican Heritage Society of Port Arthur will be performing with the folkloric dancers and we plan to have several local bands and a local DJ as entertainment. Should you have any questions or concerns please feel free to contact me "Edith Valencia" at 409-293-9183. Thank you, Edith Valencia Member of The Hispanic Group AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE HISPANIC GROUP THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and The Hispanic Group, acting by and through its President, Edith Valencia ("The Group"). WITNESSETH: WHEREAS,the City and The Group, is desirous in hosting the Evento De Pascua herein referred to as the "Easter Event" in downtown Port Arthur as part of an annual Hispanic heritage cultural celebration, 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 The Group 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 Easter Event activities. NOW, THEREFORE, it is hereby agreed that the City and The Group enter into this Agreement regarding said activities: 1. General Provisions. During the Easter Event, The Group shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all the Event's functions. 2. Duties of Edith Valencia. The Group does hereby agree to be responsible for the following activities in connection with the Easter Event, at its expense, and the City 1 does hereby delegate said responsibilities to The Group along with certain income or revenues associated therewith: (a) The Group shall recommend the area for such celebration, subject to the approval and designation of the City Council. (b) The Group is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from The Group 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 The Group before conduction any business within the entertainment area. (c) The Group is authorized to charge the following fees for admission into the entertainment area: n/a (free admission) (d) The Group shall obtain City Council approval for the street closure for the event, as outlined in the Port Arthur Code of Ordinances. (e) The Group agrees to arrange for fencing the entertainment area, and the City shall approve the area that The Group intends to fence. The Group 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. The Group agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. 2 (1) The Group 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. The Group 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. The Group will not move or unduly interfere with the setup of the stages by the City. (h) The Group 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) The Group shall provide trash barrels in the entertainment area. (j) The Group shall be in charge of the cleanup of the entertainment area. (k) The Group shall coordinate and enforce contracts with all temporary concessions in Easter Event's entertainment area, and the City shall have the right to approve or disapprove said concessions after The Group approval. (1) The Group shall coordinate all activities, and shall, when necessary, secure special approval of the City. (m) The Group shall submit a master plan to the City on or before April 21, 2019 (due immediately) of all activities to be undertaken as a part of the Easter Event, including the activities, concessions and location of the tentative entertainment area. Any changes, modifications or amendments to 3 the original site plan approved by the City Manager shall also be submitted to the City Manager for further review and approval. (n) The Group shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Easter Event, 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 Easter Event. 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 The Group 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 Edith Valencia. 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 4 before the commencement of the Event. 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 The Group 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 The Group's obligation under this section. (o) The Group 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 Easter Event, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the entertainment area. 5 3. Duties of the Citv_. The City does hereby agree to be responsible for the following activities in connection with the Easter Event, said expenses to be reimbursed by The Group. (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 The Group. (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 The Group 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 The Group has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after The Group has first approved or proposed same. 4. Term. This agreement shall be in force and effect until May 21, 2019. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Easter Event celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. The Group and the City each agree to deliver to the other a report of its receipts and expenditures of the festival within ninety (90) days after the conclusion of the festivities for each year subject to the Agreement. 6 7. Security. The Group 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. The Group 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 The Group 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 Event, 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 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. 11. SIGNED AND AGREED TO on this day of A.D., 2019. By: Edith Valencia, President The Hispanic Group 7 ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Edith Valencia, 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 , 2019. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 8 SIGNED AND AGREED TO on this day of A.D., 2019. By: Jose Gutierrez, The Hispanic Group ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Jose Gutierrez, 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 . 2019. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 9 SIGNED AND AGREED TO on this day of A.D.. 2019. By: Zulema Escobedo, The Group ACKNOWLEGEM ENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Zulema Escobedo, 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 , 2019. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 10 SIGNED AND AGREED TO on this day of A.D., 2019. 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 , 2019. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 11 P.R. No. 20767 04/01/19 ht Exhibit "B" D AC CERTIFICATE OF LIABILITY INSURANCE DATE(MM(ODNYYY) `..../ 04!03/2010 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(los)must 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 i certificate holder in lieu of such endorsemont(s). PRODUCER CONTACT _NAME: BLANCA TORRES ZULEMA ESCOBEDO (IVC.No.Ect;4Q9-96.24DRB FAX No: 4.0.9-Si6?-1(105 ; 3308 MEDICAL TRIANGLE ADDRESS: BRTORRFS49@GMAIL,C-O.M 1 PORT ARTHUR,TX 77642 g INSURER(S)AFFORDING COVERAGE NAIL it INSURER A: E INSURED INSURER B: EVENTO DE PASCUA EDITH VALENCIA INSURERC. INSURER 0: INSURER E 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, i EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. g INSR ADOL SUBR POUCY EFF POLICY EXP LIR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMM!DD!YYYYI IMMIDDIYYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1.000.000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABWTY E E. PREMISES(Ea occurrence) $1.000.000 I CLAIMS-MADE OCCUR MED EXP(Any one person) L 5,000 MSE019M6464 04/21/2019 04/21/2019 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AG_O $ i POUCY n JECa n LOC $ 1 AUTOMOBILE LIABILITY r IT COMBINED (SINGLE UMIT S ANY AUTO BODILY INJURY(Per person) S 1. AAtLLLOOWNED — SCHEDULED BODILY INJURY(Per accident) S AUTOS NON-OV NED PROPERTY DAMAGE 5 S 3 HIREDAUTOS ,_AUTOS _(peracdderll) • S UMBRELLA LIAB OCCUR FT In 1 EACH OCCURRENCE S z EXCESS MB CLAIMS-MADE AGGREGATE S e DED_ RETENTIONS S i WORKERS COMPENSATION TV�C-yS;ATUS O R AND EMPLOYERS'LIABILITY TORY M{T " ANY PROPRIETOR/PARTNER/EXECUTIVE Y r N EL.EACH ACCIDENT S S• OFFICE/MEMBER EXCLUDED? n NIA I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ IF yea,describe under `—'- OFSCRIPTION OF OPFRATIONS below E.L.DISEASE-POLICY UMIT $ I ri Ei : 3 1 DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space is required) z g 1 i Z i I CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF PORT ARTHUR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ZULEMA ESCOBEDO I ©1988-2010 ACORD CORPORATION. All rights reserved. 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