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HomeMy WebLinkAboutPR 21997: JUNETEENTH ALUMNI SOFTBALL TOURNAMENT, CONCESSIONAIRE P.R. No. 21997 06/10/21 ca RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE 2021 JUNETEENTH ALUMNI SOFTBALL TOURNAMENT, DESIGNATING THE PORT ARTHUR ALUMNI SOFTBALL GROUP AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS, the Port Arthur Alumni Softball Group, is an organization, acting by and through Kalan Gardner, that focuses on bringing the community together for the celebration of Juneteenth; and, WHEREAS,the organization is an advocate for community engagement and desires to host a softball tournament to stimulate business and bring awareness to Juneteenth in the City of Port Arthur; and, WHEREAS,the Alumni is hereby requesting City Council's approval to utilize the softball fields at SSgt. Lucian Adams Park and the surrounding areas for the Juneteenth Alumni Softball Tournament; and, WHEREAS, the City Council desires to promote the Juneteenth Alumni Softball Tournament as a means to stimulate business and commercial activity within the City; and WHEREAS, the designation of the Port Arthur Alumni Softball 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 Juneteenth Alumni Softball Tournament to be that certain area known as the softball fields at Ssgt. Lucian Adams Park and surrounding areas as depicted and described in Exhibit"C"attached hereto and made a part hereof. Section 3. That Port Arthur Alumni Softball Group is hereby designated as the exclusive concessionaire of the Juneteenth Alumni Softball Tournament. Section 4. That the City Manager is hereby authorized to execute an Agreement with the Port Arthur Alumni,with said Agreement containing the duties and responsibilities of each party,in substantially the same form as attached hereto as Exhibit"A. P.R. No. 21997 06/10/21 ca Section 5. That the Port Arthur Alumni has provided a certificate of insurance coverage to the City as shown 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 ,2021 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: ^� J Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager P.R. No. 21997 06/10/21 ca Timothy Duriso, Police Chief Robert Havens, Interim Fire Chief Chandra Alpough, Interim Director of Pleasure Island Darlene Thomas Pierre, Code Compliance Manager Judith Smith, Director of Health Department Alberto Elefano, Director of Public Works P.R. No. 21997 06/10/21 ca Exhibit "A" EXCLUSIVE CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE PORT ARTHUR ALUMNI SOFTBALL GROUP THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and The Port Arthur Alumni Softball Group, acting by and through, Kalan Gardner, herein referred to as "The Alumni". WITNESSETH: WHEREAS, the City and The Alumni, acting by and through, Kalan Gardner is requesting for the City's support in hosting the 2021 Juneteenth Bash Softball Tournament &Vendor Fair at Lucian Adams Park; and, WHEREAS, it is necessary for City and The Alumni to enter an exclusive concessionaire agreement defining and coordinating the duties and responsibilities of the parties to this Agreement, to facilitate the expeditious and efficient organization of the 2021 Juneteenth Bash referred to as "Event" activities; and, NOW, THEREFORE, it is hereby agreed that the City and The Alumni enter into this Agreement regarding said Event activities: 1. General Provisions. During the Event, The Alumni shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public Juneteenth Bash events and functions. 2. Duties of The Alumni. The Alumni does hereby agree to be responsible for the following activities in connection with the Event at its expense, and the City does hereby delegate said responsibilities to The Alumni along with certain income or revenues associated therewith: (a) The Alumni shall recommend the area for such Event celebration, subject to the approval and designation of the City Council. (b) The Alumni is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Event period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from The Alumni before obtaining a vendor permit from the City, if one is required. If a City vendor permit is not required, 1 then vendors must obtain permission from The Alumni before conduction any business within the entertainment area. (c) The Alumni is authorized to no fees for admission into the Event's entertainment area; fee shall not exceed $0.00 per person on Saturday, June 19, 2021. (d) The Alumni, if applicable, shall obtain City Council approval for the temporary street closure for the festivities, as outlined in the City of Port Arthur's Code of Ordinances. (e) The Alumni, is applicable, agrees to arrange for fencing the entertainment area, and the City shall approve the area in which The Alumni intends to fence. The Alumni 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 Alumni agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) The Alumni 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. The Alumni shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) The City, if applicable, will provide the platform stages in the entertainment area, including putting up the stages and taking them down after the Event. The Alumni will not move or unduly interfere with the setup of the stage(s) by the City. (h) The Alumni 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 Alumni shall provide trash barrels in the Event entertainment area. (j) The Alumni shall be in charge of the cleanup of the entertainment area. (k) The Alumni shall coordinate and enforce contracts with all temporary concessions in the Event's entertainment area, and the City shall have the right to approve or disapprove said concessions after The Alumni approval. (1) The Alumni shall coordinate all Event activities, and shall, when necessary, secure special approval of the City. The Alumni shall submit a master/site plan to the City of all activities to be undertaken as a part of the Event's 2 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) The Alumni 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 Event. The policies must be endorsed to state that the coverage extended to the City 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 ($1,000,000.00) 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 Alumni 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 The Alumni. 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 no later than thirty (30) days 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 Alumni 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 Alumni obligation under this section. (n) The Alumni 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, 3 (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 Event, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Event's entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Event, said expenses to be reimbursed by The Alumni. (a) Types and location of all temporary concession permits on public property within the Event's entertainment area shall be subject to the prior approval of The Alumni. (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(s) after The Alumni 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(s). (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 The Alumni has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after The Alumni has first approved or proposed same. 4. Term. This agreement shall be in force and effect until July 20, 2021. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Event's celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. The Alumni and the City each agree to deliver to the other a report of its receipts and expenditures of the Event within ninety(90) days after the conclusion of the Event for each year subject to the Agreement. 7. Security. The Alumni shall have at least two (2) off-duty officers in attendance during the event. Security guards contracted through a licensed and bonded 4 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 Alumni 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 The Alumni 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 City of Port Arthur's Code of Ordinances which makes it unlawful for anyone to bring coolers containing food and beverages, glass containers, canned drinks and pets into the Event's 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., 2021. THE ALUMNI: CITY OF PORT ARTHUR: By: By: Kalan Gardner Ron Burton, City Manager APPROVED AS TO FORM: By: /4/?- /k:e1/4'' Valecia Tizeno, City Attorn 5 ACKNOWLEGEMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Kalan Gardner, The Alumni 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 , 2021. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald Burton, 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 , 2021. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 P.R. No. 21997 06/10/21 ca Exhibit "B" ` ®A DATE(MM/DD/YYYY) v CERTIFICATE OF LIABILITY INSURANCE 6/10/2021 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 Zain Jeewanjee Insurance Agency NAmECT Zain Jeewanjee 1494 Hamilton Ave PH No,Ext):408-286-1111 ext 2 (nC,No):408-997-7890 Suite 101 E-MAIL ADDRESS:su ort oneda event.com pp Y San Jose CA 95125 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Arch Insurance Company 11150 INSURED Kalan Gardner INSURER B: 1020 6th St INSURER C: Port Arthur TX 77640 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1001862940 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 ADDLiSUBR' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE TINS'Dn�WVD' POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A COMMERCIAL GENERAL LIABILITY I J I I I EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE El OCCUR ��� ••• ���LLLJJJ SBCGL2315400 06/14/2021 06/26/2021 DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ — MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN-'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 1 n PRCT 1-7POLICY O- LOC PRODUCTS-COMP/OP AGG $5r000,000 JE OTHER: $ AUTOMOBILE LIABILITY • u u 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) - i $ UMBRELLA LIAB - OCCUR u u EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ - DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N I I STATUTE I I ER ANYPROPRIETOR/PARTNER/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 $ rn DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder shall be an Additional Insured,but only with respect to the operations of the Named Insured,and subject to the provisions and limitations of Form CG 2011 Additional Insured-Managers or Lessors of Premises,but only with respect to ALUMNI SOFTBALL TOURNAMENT from June 19,2021 through June 20,2021 Event held at S/SGT.Lucian Adams Park 3400 S/Sgt.Lucian Adams Blvd,Port Arthur,TX 77642 Additional Insured:City of Port Arthur 444 4th St,Port Arthur TX 77640 CERTIFICATE HOLDER CANCELLATION City of Port Arthur 444 4th St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Port Arthur TX 77640 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD P.R. No. 21997 06/10/21 ca Exhibit "C" . S. . .., , . t .•. , .e. „::.,p . • . T.' All& i . .. • - ._..._ • . .. .,., 0 . ,........,....,,,, .,,,,, . '• .7...i,i.-,.. . . N . 411 a . /4.,..,'.... '...: ' 4 ' .. % ‘ .../ , .. ......., ." ..........-.. 11' Sr . _, ,' ' r • ' \ - q ...., . . .'., , .„, . . - 1. I . '. , . / ‘:4 I . ....... . . . ........... 'I . , ,.. gt. o 1 r - , .J . m1 j * 4r . . . / , ...... .,. . -;' '' -•'" . . ,. iq., ..-,....., ,,•• 1 Lo.-• , -, " , .. . /4 • .,.... " ,.* , ... ..— I • I • S .., I4* . ..",.....,, . , 1 . , . *AIL : I ,_ '"` CITY OF PORT ARTHUR ..<,,,,,z80 r,rr rilir rr'� DEPARTMENT OF PARKS AND RECREATION r. PARK RESERVATION FORM "r` !r`i,`'� re,. 1308 9th Avenue • Port Arthur, Texas • (409) 983-8152 F • Person making reservation must be onsite for duration of event. • Office hours are Monday— Friday, 8 am —5 pm No vehicles are allowed on grass in City parks. No alcohol or consumption of alcohol is allowed on City parks Person making application ZDhh�f? rQwvN. Date -/0' Zo2 Contact Person (if different) /Shb{ci 66-ro(i V Address 116Z 15" S# City? -t' / orr- - _ r ') 76 V Z ((11 State zip Day Phone 7a f` 7/o,S3 Evening Phone 8.3 2-- 57°0 ?bYg Email Eon nie brown.s0Z2o Group (if applicable Date of Event ro''"/? ZO / Time/Hours (including( � setup &cleanup) F-2A1 — 9-'407‘� Event Description J) ,1 fJ'"�`r S'e44 r`t Estimate number of people attending event 210 Park/Facility Requested: Adams Par • €El Vista Park €Montgomery Park € abe Zaharias Park €Grado Field €Montrose Park €Barbara Jacket Park €Griffing Park €Peoples Park €Boardwalk €Herman Park €Pioneer Park €Bryan Park €Hughen Park €Roosevelt Park €Carver Terrace Park €Immigrant Park €Rose Hill Park €Cecil Reynolds Park €Lakeside Park €St. Mary's Park €Civic Park €Lincoln Park €Texaco Mini Park €County Park €London Bridge Park €The Pavilion €Eagles Park €Lyons Park €Washington Park €Other Is anyone selling concessions, equipment, novelties, etc.? Yes Will there be . ` o usic or live entertainment? Yes Electricity? :'mil No Certificate of Liability Insurance must be submitted naming the City of Port Arthur as an additional insurer. I have read and agree to follow the park rules and regulations and agree to abide by them as well as all laws codes and regulations. I agree to indemnify and hold harmless the City of Port Arthur and any officers employees, representatives, directors of agents or either from and against all liability, claims,suits, damages levies, costs, losses and fees, including attor -s, aris" out of or relating to my activities at the park. ' o—Za Z/ ‘1 /0/)/ Signature of Responsible Party Date of ort Art ur Representative Date