HomeMy WebLinkAboutPR 21105: ESTABLISHING THE NATIONAL HISPANIC HERITAGE MONTH MUSIC FESTIVAL ENTERTAINMENT AREA P.R. No. 21105
10/04/19 ht
RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE NATIONAL
HISPANIC HERITAGE MONTH MUSIC FESTIVAL ENTERTAINMENT
AREA, DESIGNATING FERNANDO RAMIREZ AND JOSE GUTIERREZ OF
EXITOS 100 . 9 FM RADIO STATION AS EXCLUSIVE
CONCESSIONAIRES AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT.
WHEREAS, Fernando Ramirez and Jose Gutierrez of Exitos 100 . 9
FM Hispanic Radio Station are requesting permission to utilize the
Downtown Pavilion in order to host a National Hispanic Heritage
Month Music Festival herein referred to as the "Music Festival" on
Sunday, October 20, 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 hereby desires to promote the Music
Festival as a means to stimulate business and commercial activities
within the City' s downtown area; and
WHEREAS, the designation of Fernando Ramirez and Jose
Gutierrez of Exitos 100 . 9 FM Hispanic Radio Station 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 National Hispanic
Heritage Month 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 Fernando Ramirez and Jose Gutierrez of
Exitos 100 . 9 FM Hispanic Radio Station are hereby designated as the
exclusive concessionaires of the Music Festival .
P.R. No. 21105
10/04/19 ht
Section 4 . That the City Manager is hereby authorized to
execute an Agreement with Fernando Ramirez and Jose Gutierrez with
said Agreement containing the duties and responsibilities of each
party, in substantially the same form attached hereto as Exhibit
"A„
Section 5 That Fernando Ramirez and Jose Gutierrez, have
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 : .
Thurman Bill Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
- _,
Valecia R.Yid( Tizeno,
City Attor ey
P.R. No. 21105
10/04/19 ht
APPROVED FOR ADMINISTRATION:
Ronald Burton,
Interim City Manager
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
Alberto Elefano,
Director Public Works
P.R. No. 21105
10/04/19 ht
Exhibit "A"
AGREEMENT BETWEEN
THE CITY OF PORT ARTHUR
AND
FERNANDO RAMIREZ
JOSE GUTIERREZ OF EXITOS 100.9 FM RADIO STATION
THIS AGREEMENT is made by and between the City of Port Arthur, Texas
("City") and Fernando Ramirez and Jose Gutierrez of Exitos 100.9 FM Hispanic
Radio Station,herein referred to as ("Exitos").
WITNESSETH:
WHEREAS, the City and Exitos, are desirous of hosting a National Hispanic
Heritage Month 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 hereby 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 events 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,
October 4, 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.
(0 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 October 4, 2019 of all activities to be
3
undertaken 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
4
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 November 21, 2019.
5. Termination. The City Manager, after consultation with the Police and Fire Chief,
can terminate this agreement and the Music Festival celebration for security and
safety 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/she 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:
Ron Burton,
Interim City Manager
7
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Ron
Burton. 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
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:
Jose Gutierrez,
Exitos 100.9 FM Hispanic Radio Station
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
10
P.R. No. 21105
10/04/19 ht
Exhibit "B"
From Americana Insurance Group 1.409.242.2441 Thu Oct 3 14:52:21 2019 MDT Page 2 of 3
AC�® DATE(MSVDD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 10/03;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 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 NAMEACT Reyna Guzman
Reyna X Guzman PHONE FAX
(A/C,No,Eat): (A/C,No):
Rena Guzman E-MAIL ricanainsurance rou mail.com
y ame
ADDRESS: 9 PC�9
808A N.Memorial Frwy Suite 1058 INSURER(S)AFFORDING COVERAGE NA IC K
Nederland TX 77627 INSURER A: Evanston Insurance Company 35378
INSURED INSURER B:
Fernando Ramirez INSURER C:
Jose Gutierrez INSURER D:
600 Procter Street 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.
INSRI TYPE OF INSURANCE ADDL SUBR j�POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MNLDD/YYYY) (MM/DEYWYY)' LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE X OCCUR PREMI ESORENTED
PREMISES(Ea occurrence) $ 300,000
;XI Host Liquor Liability MED EXP(Any one person) $ 5,000 _
A Retail Liquor Liability Y 3DS5468-M2348025 10/20/2019 10/21/2019 PERSONAL&ADV INJURY $ 1,000,000
GENLAGGREGATE LIMIT APPLIES PER: 12:01 AM 12:01 AM GENERAL AGGREGATE $ 2,000,000
X POLICY LPERCO LOC PRODUCTS•COMP/OP AGG $ 1,000,000
OTHER: , Deductible $ 1,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea acodent)
ANY AUTO BOOILY 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 I RETENTION$ $
WORKERS COMPENSATION PER 0TH-
AND EMPLOYERS LIABIUTY Y/N STATUTE ER
ANYPROPRIETORIPARTNER/EXECUTIVE E.L EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED? N/A
(Mandatory in NH) E.L DISEASE-EA EMPLOYEE $
If yes,cescribe uncle,
DESCRIPTION OF OPERATIONS been ' E.L DISEASE-POLICY LIMIT $
DESCRIPTION OF OP ERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required)
Certificate holder listed below is named as additional insured per attached MEGL 2217 01 19.
Attendance: 100,Event Type: Festival&Cultural Event-Outdoor.
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.
THE CITY OF PORT ARTHUR AUTHORIZED REPRESENTATIVE
400 4TH STREET
Reyna Guzman
PORT ARTHUR TX 77640
U 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
From Americana Insurance Group 1.409.242.2441 Thu Oct 3 14:52:21 2019 MDT Page 3 of 3
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3DS5468-M2348025
MARKEL®
EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance proviced under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s)Or Organization(s):
THE CITY OF PORT ARTHUR
400 4TH STREET
PORT ARTHUR,TX 77640
A. Section II —Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown
in the Schedule of this endorsement, but only with respect to liability for"bodily injury", "property damage"or"personal
and advertising injury"caused, in whole or in part, by the acts or omissions of any insured listed under Paragraph 1. or
2. of Section II —Who Is An Insured:
1. In the performance of your ongoing operations; or
2. In connection with your premises owned by or rented to you.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such
additional insured will not be broader than that which you are required by the contract or agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of
Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of
the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions remain unchanged.
MEGL 2217 01 19 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
P.R. No. 21105
10/04/19 ht
Exhibit "C"
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CITY OF PORT ARTHUR
l'EMPORARY STREET CLOSURE
Date of Event' ,i,t f)/ o11 Start Time )4,7 AM/PM End Time 12- AM/PM
r`)Cf P. ,r^ 9 �-$ ' eco/
Permit Applicant �J� t - Phone-Bhone
What type of event? n\1& iC k J�
Contact Person of Event G y1Q/1 l2Ci l/I7
Organi ration of Sponsor Bim I yo/),c j a Q
Addres 7-3 S La XPacy"e ^7D F Phone
Will food be served or sold? yes-
***IF
FOOD WILL BE SOLD OR SERVED THE HEALTH DEPT.WILL HAVE TO BE NOTIFIED***
STREETS TO BE CLOSED: pii)e-kr (`i2 P. i")
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
APPLICANT SIGNATU
THE POLICE DEPARTMENT MUST BE NOTIFIED OF ANY CHANGES MADE IN THE ABOVE
SCHEDULE
now
POLICE DEPARTMENT USE ONLY /n
Suggestions: e.) E A
I
Approved: -�: s D C Date: l 072//9
FIRE DEPARTMENT USE ONLY
Suggestions:
Approved: 7 rs(c 'ctc r Date: /0/-
PUBLIC
o/PUBLIC WORKS/ELECTRICAL DEPARTMENT USE ONLY
Suggestions:
Approved: " C Date: 1 - 3- 19
HEALTH DEPARTMENT USE ONLY
Suggestions: firm t, V A chr iV
YOoGt
-Yu-raft c liC c�� Guy 1-er,�3�, g- c -A—t
Approved Date: )V J / 2o1 1
THIS SERVES AS YOUR TEMPORARY PERMIT
WITH THE SIGNATURE OF THE DIRECTOR OF CODE COMPLIANCE
Date Approved: la/17//l //
Director of Code Compliance:
Original For File
Cc: Police Department
Fire Department
Public Works/Electrical Department