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HomeMy WebLinkAboutPR 20919: ESTABLISHING THE TACO FESTIVAL ENTERTAINMENT AREA FOR 2019, OMEGA TV AND RADIO, LLC P.R. No. 20919 07/23/19 ht RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE TACO FESTIVAL ENTERTAINMENT AREA FOR 2019, DESIGNATING OMEGA TV AND RADIO, LLC AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT. 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 the second annual taco festival that focuses on live music, food and family entertainment for the citizens of Port Arthur; and WHEREAS, Omega TV and Radio, LLC is requesting Council approval for the use of the Downtown Pavilion for said festival on August 3-4 , 2019; 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 "C" 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 "A" ; and Section 5 That Omega TV has provided a certificate of insurance coverage to the City as shown in Exhibit "B" ; and 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: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPRO D AS TO FORM: NIP 13e401-F Val. a R. Tizeno, Cit '• tto ney 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 Judith Smith, Director of Health Department Exhibit "A" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND OMEGA TV AND RADIO, LLC & 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 2nd Annual 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 August 3-4, 2019 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 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 August 3-4, 2019. (d) Omega TV shall obtain City Council approval for the street closure for the 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. 0) Omega TV shall be in charge of the cleanup of the Taco Festival entertainment area. However, the Parks and Recreation Director may charge extra fees if additional cleanup is required. (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. 3 (1) Omega TV shall coordinate all Taco Festival activities, and shall, when necessary, secure special approval of the City. Omega TV shall 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 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 4 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 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 5 whatsoever may arise out of or will be attributable, directly or indirectly, to the occurrence of the Taco Festival, or the 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 5, 2019. 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 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 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. Security. Omega TV shall have a minimum of 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. Omega TV 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 Omega TV 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 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. 7 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: Daniel Melendez, owner Omega TV and Radio, LLC LA LEY 87.7 FM ACKNOWLEGEM ENT 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 , 2019. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 8 SIGNED AND AGREED TO on this day of A.D., 2019. By: Rebecca Underhill, 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 9 Exhibit "B" AC ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDOM(YY} L,------ 07/25/2019 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 dyes not confer rights to the • certificate holder in lieu of such endorsement(s). PRODUCER CONTACT BLANCA TORRES NAME: ZULEMA ESCOBEDO HO No.EMI: 409-962-0088 Fax Net: 409-962-1005 • 3308 MEDICAL TRIANGLE DR al DRESS: BBTORRES49@GMAIL.COM _ PORT ARTHUR,TX 77642 INSURER(S)AFFORDING COVERAGE NAIC II _ - INSURER A: 6 INSURED INSURER B: i DANIEL MELENDEZ - 3 INSURER C OMEGA MEDIA INSURER D: f INSURER S: . INSURER F: 3 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 s INDICATED. NOTVUITHSTANDING 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 ADOL SUER: POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD; POLICY NUMBER (MMIODIYYYY) (MMIDDIYYYYI LIMITS GENERAL LIABILITY 3 EACHOCCUFRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY I PREMISES(Ea occurrence) S 1,000,000 CLAIMS-MADE OCCUR MED EXP(Any one person) S 5,000 1 MSE019L6060 08/03/2019 08105/2019 PERSONAL BADV INJURY S 1,000,000 GENERAL AGGREGATE $ 4 GENL AGGREGATE UMIT APPLIES PER: PRODUCTS-COMP/OP AGG S a -1 POLICY JET n LOC S i AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ¢ (Ea accident) S 1 ANY AUTO BODILY INJURY(Per person) S iALL AUTOS OWNED SCHEDULED BODILY INJURY(Per accident) S ' AUTOS NON-OWNED PROPERTY DAMAGE i S HIRED AUTOS _ AUTOS (Per accident) g $ 331. UMBRELLA LIAB 1 $ OCCUR EACH OCCURRENCE S F EXCESS LIAB CLAIMS-MADE AGGREGATE S _ 1 DED RETENTIONS $ WORKERS COMPENSATION WC STATU- DTH- . 1 AND EMPLOYERS'LIABILITY YIN TORY I IMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE I I N/A E.L.EACH ACCIDENT $ i OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under --- i DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 1 x i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) TACO FEAST EVENT 600 PROCTER ST,PORT ARTHUR,TX 77640 s i K • 3 CERTIFICATE HOLDER CANCELLATION 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 g ZULEMA ESCOBEDO s I ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. ( The ACORD name and logo are registered marks of ACORD I 1 1 . 1 . 1 Exhibit "C" i 4 ,, VV Ti , R 4 it J'-`, _ V 4.1 sp k' , t. 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