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HomeMy WebLinkAboutPR 20874: INTERNATIONAL HISPANIC MUSIC FESTIVAL ENTERTAINMENT P.R. No. 20874 06/11/19 ht RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE 1sT INTERNATIONAL HISPANIC MUSIC FESTIVAL ENTERTAINMENT AREA, DESIGNATING JOSE GUTIERREZ OF EXITOS 100 .9 RADIO STATION AND FERNANDO RAMIREZ AS EXCLUSIVE CONCESSIONAIRES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT. WHEREAS, Jose Gutierrez, owner and president of Exitos 100 . 9 Hispanic Radio Station and Fernando Ramirez are requesting permission to utilize the Downtown Pavilion in order to host the 1St International Hispanic Music Festival herein referred to as the "Music Festival" on Sunday, June 23 , 2019 ; and WHEREAS, the Music Festival will be open to the public with free admissions for anyone who wishes to come enjoy the live music, food and family entertainment; and WHEREAS, the City Council desires to promote the Music Festival as a means to stimulate business and commercial activities within the City; and WHEREAS, the designation of Jose Gutierrez of Exitos 100 . 9 Radio Station and Fernando Ramirez as exclusive concessionaires and entering into an agreement therewith is appropriate under Section 380 . 001 of the Texas 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 International Hispanic Music 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 Jose Gutierrez of Exitos 100 . 9 Hispanic Radio Station and Fernando Ramirez are hereby designated as the exclusive concessionaires of the Music Festival . Section 4 . That the City Manager is hereby authorized to execute an Agreement with Jose Gutierrez of Exitos 100 . 9 Radio Station and Fernando Ramirez, with said Agreement containing the P.R. No. 20874 06/11/19 ht duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit "A. Section 5 That Jose Gutierrez of Exitos 100 . 9 Radio Station and Fernando Ramirez , 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 APP VED AS TO FORM: U/ t1 /64-4-q Valecia R Tizeno, City Attorney P.R. No. 20874 06/11/19 ht APPROVED FOR ADMINISTRATION: Rebecca Underhill, CPA 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. 20874 06/11/19 ht Exhibit "A" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND JOSE GUTIERREZ OF EXITOS 100.9 RADIO STATION FERNANDO RAMIREZ THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Jose Gutierrez of Exitos 100.9 Hispanic Radio Station and Fernando Ramirez,herein referred to as ("Exitos"). WITNESSETH: WHEREAS, the City and Exitos, are desirous of hosting the 1st International Hispanic Music Festival herein referred to as "Music Festival" to enhance the development of the tourist industry in Port Arthur and improve the economic environment of the City in general; and, WHEREAS, the City and Exitos 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 Event activities; and, NOW, THEREFORE, it is hereby agreed that the City and Exitos enter into this Agreement regarding said Music Festival activities: 1. General Provisions. During the Music Festival, Exitos shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public Event and functions. 2. Duties of Exitos. Exitos does hereby agree to be responsible for the following activities in connection with the Music Festival, at its expense, and the City does 1 hereby delegate said responsibilities to Exitos along with certain income or revenues associated therewith: (a) Exitos shall recommend the area for such Music Festival celebration, subject to the approval and designation of the City Council. (b) Exitos is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Music Festival period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from Exitos 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 Exitos before conduction any business within the entertainment area. (c) Exitos is authorized to charge the following fees for admission into the entertainment area; fee shall not exceed $0.00 per person on Sunday, June 23, 2019. (d) Exitos shall obtain City Council approval for the street closure for the Music Festival activities, as outlined in the City of Port Arthur Code of Ordinances. (e) Exitos agrees to arrange for fencing of the entertainment area, and the City shall approve the area that Exitos intends to fence. Exitos 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. Exitos agrees to contact the Fire 2 Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) Exitos 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. Exitos 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. Exitos will not move or unduly interfere with the setup of the stages by the City. (h) Exitos 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) Exitos shall provide trash barrels in the entertainment area. (j) Exitos shall be in charge of the cleanup of the entertainment area. However, the Parks and Recreation Director may charge additional fees if additional cleanup is required. (k) Exitos shall coordinate and enforce contracts with all temporary concessions in the Music Festival entertainment area, and the City shall have the right to approve or disapprove said concessions after Exitos approval. (1) Exitos shall coordinate all Music Festival activities, and shall, when necessary, secure special approval of the City. Exitos shall submit a master plan to the City on or before June 11„2019 of all activities to be undertaken 3 as a part of the Event festivities, 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. (m) Exitos shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the 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 Music 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 Exitos 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 Exitos. 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 4 all such insurance coverage shall be delivered to the City through its City Manager no later than thirty (30) days before the commencement of the Music 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 Exitos 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 Exitos' obligation under this section. (n) Exitos 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 Music Festival, or the construction, maintenance, existence, operation, repair or removal 5 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 Music Festival, said expenses to be reimbursed by Exitos. (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 Exitos. (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 Exitos 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 Event activities occurring or taking place on City streets, alleys, and rights-of-way after Exitos has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after Exitos has first approved or proposed same. 4. Term. This agreement shall be in force and effect until July 24, 2019. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Music Festival celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. Exitos and the City each agree to deliver to the other a report of its receipts and expenditures of the Event within 6 ninety (90) days after the conclusion of the festivities for each year subject to the Agreement. 7. Security. Exitos shall have at least two (2) 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 Exitos 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. If approved and permitted by Texas Alcohol and Beverage Commission (TABC), the City may authorize Exitos 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 Music 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 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.. 2019. By: Jose Gutierrez, Exitos 100.9 Hispanic Radio Station 7 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 8 SIGNED AND AGREED TO on this day of A.D., 2019. By: Fernando Ramirez ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Ramirez 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: Rebecca Underhill, CPA Interim City Manager ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Rebecca Underhill, 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 10 P.R. No. 20874 06/11/19 ht Exhibit "B" ACORE, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 06/14/2019 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 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 BLANCA TORRES NAME: ZULEMA ESCOBEDO PHONE .Ext): 409-962-0088 (NAC No): 409-962-1005 3308 MEDICAL TRIANGLE ADDRESS: BBTORRES49@GMAIL.COM PORT ARTHUR,TX 77642 _ INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: FERNANDO RAMIREZ INSURER C: INSURER D: 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. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER I POUCY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER I IMM/DDIYYYY) (MM/DDIYYYY) UMITS X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 MSE019U3517 06/23/2019 06/24/2019 pERSONALBADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POUCY RCT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) � $ UMBRELLA LIAB _ OCCUR ( EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ I WORKERS COMPENSATION PER AND EMPLOYERS'LIABIUTY Y/N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) FATHER'S DAY EVENT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY OF PORT ARTHUR ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ZULEMA ESCOBEDO ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD P.R. No. 20874 06/11/19 ht Exhibit "C" l _ ._ ‘ • . : i ii _ ,4 -,. /111 �r ;, H • ! I 1 ''. • 461• i I 1 4 . ; , iii ..._ _ Vt.= , • IIt it j•. i • 1 uµ¢nv \ 1 u'ti wring 1 ' t � i ti+;.5, 4.• Om }�,,,,, . , . . _� ' tw-_,.. .1I t ,.......................... ,. 1 r., ! __ • it_ ii • _ _.-. - ` S �t I; y B i I ,t, "4 _ L. \ _ .... �. I 1 ;, I OV 41101404* ..- tilkenZZ an 0A2 azcz 27 iiii 4 P 1.e T i 1 . 4? 0 t I g ® :; J+ ... 4 l 0 _ rt II . . . 01111111. - J lit s. ti 1.114 1711 • J l • Pig Y r�^ ! E I yL. 1•E fl i2. IMO - f ,, \ - FATHER'S Day Fiesta Setup r---einctrvcto 1. 2a mi r Pz 07RJ- ��?ir, - �t�/ ► cidgl- ssz9 -/ 90 l CLOSED W Stage A •E ir A V V DANOMIN MEI 12.1 N N CO � R � S mum SEfi1NG CLOSED [1rri7, 177. CITY OF PORT ARTHUR sum- TEMPORARY STREET CLOSURE Date of Event&b /-23Jf' Start Time` AM/FM End Time /1 AM/PM Permit Applicant k'Y�dl'D ` q Fin Phone /j"f'3r I�r'� � CA64-4Z_ " n �&i - What type of event?.� ����/,�C ��s��' ��' tie/ Contact Person of Event . Organization of SponsorQ� O tt q F/21 Address I P1 _ �1 r IM)one Will food be served or sold? ***IF FOOD WILL BE SOLD OR SERVED THE HEALTH DEPT.WILL HAVE TO BE NOTIFIED*** • STREETS TO BE CLOSED: j a LIST ALL CROSS STREETS: Applicant shall provide the name, signatures and phone numbers of all homeowners or property renters who reside on the above named streets as required by the City of Port Arthur,in addition to the signed permission of the City Departments listed below. In the event the City receives complaints from the homeowners or property renters in the area,the City can order the event stopped and the street cleared immediately. Understand that upon approval of this permit,the City cannot guarantee safety from traffic and other hazards for the participants within the barricaded area. I understand that his permit is automatically rejected if any resident in the purposed block is in opposition to the street closure. NOTE: Director of Code Compliance reserves the right to contact residents listed in the proposed street area. THE BACK OF THIS APPLICATION MAY BE USED TO LIST RESIDENTS NAMES AND PHONE NUMBERS FOR THE PROPOSED AREA I'A7 APPLICANT SIGNATURE • THE POLICE DEPARTMENT MUST BE NOTIFIED OF ANY CHANGES MADE IN THE ABOVE SCHEDULE POLICE DEPARTMENT USE ONLY Suggestions: Approved: ''" jj .�6‘ Date: ✓` /Y 111111.111 FIRE DEPARTMENT USE ONLY Suggestions: Approved: 4,-- Date: PUBLIC WORKS/ELECTRICAL DEPARTMENT USE ONLY Suggestions: — l { Approved: 't c_ • Date: 5 - HEALTH DEPARTMENT USE ONLY Suggestions: POOd. V ncl0X5 need Pe/riga-6 Approved: L.l d at �,�� ,Wi%u.�v Date: 41/0 7AP/q U THIS SERVES AS YOUR TEMPORARY PERMIT •• WITH THE SIGNATURE OF THE DIRECTOR OF CODE COMPLIANCE Date Approved: ig-ectdei.elierg4.2a4e,e7C__ Original For File Cc: Police Department Fire Department Public Works/Electrical Department