HomeMy WebLinkAboutPR 21994: ESTABLISHING THE COMMODORE'S JULY 4TH PICNIC ENTERTAINMENT AREA AT THE PORT ARTHUR YACHT CLUB P.R. No. 21994
06/09/21 ca
RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE
COMMODORE'S JULY 4TH PICNIC ENTERTAINMENT AREA FOR 2021,
DESIGNATING PORT ARTHUR YACHT CLUB AS EXCLUSIVE
CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT THEREOF
WHEREAS, the Port Arthur Yacht Club is an organization, acting by and through its
Commodore,Paul Vera and Secretary,Judy Walters,that assists the Pleasure Island Marina in all its
endeavors for the betterment of the Marina;
WHEREAS,the organization is an advocate for yacht sailing and provides various programs
and events on Pleasure Island; and,
WHEREAS, the Port Arthur Yacht Club is hereby requesting City Council's approval to
utilize the area around the Port Arthur Yacht Club and the Pleasure Island Marina for the
Commodore's July 4th Picnic; and,
WHEREAS, the City Council desires to promote the Commodore's July 4th Picnic as a
means to stimulate business and commercial activity within the City; and,
WHEREAS,the designation of the Port Arthur Yacht Club 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
Commodore's July 4th Picnic to be that certain area known as the Port Arthur Yacht Club and
surrounding areas as depicted and described in Exhibit"C"attached hereto and made a part hereof.
Section 3. That the Port Arthur Yacht Club is hereby designated as the exclusive
concessionaire of the 2021 Commodore's July 4th Picnic.
Section 4. That the City Manager is hereby authorized to execute an Agreement with the
Port Arthur Yacht Club, with said Agreement containing the duties and responsibilities of each
party, in substantially the same form as attached hereto as Exhibit"A.
Section 5. That the Port Arthur Yacht Club has provided a certificate of insurance
coverage to the City as shown in Exhibit"B".
P.R. No. 21994
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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
AP ROVED AS TO FORM:
Valecia R. Tizeno,
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
P.R. No. 21994
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Timothy Duriso,
Police Chief
Larry Richard,
Fire Chief
e/wsM 1tO42ou
Chandra Alpough,
Interim Director of Pleasure Is and
Darlene Thomas Pierre,
Code Compliance Manager
Judith Smith,
Director of Health Department
Alberto Elefano,
Director of Public Works
P.R. No. 21994
06/09/21 ca
Exhibit "A"
AGREEMENT BETWEEN
THE CITY OF PORT ARTHUR
AND
PORT ARTHUR YACHT CLUB
THIS AGREEMENT is made by and between the City of Port Arthur, Texas
("City") and Port Arthur Yacht Club, by and though its Commodore, Paul Vera, and
Secretary,Judy Walters ("Yacht Club").
WITNESSETH:
WHEREAS,the City and Yacht Club,by and though its Commodore, Paul Vera
and Secretary, Judy Walters, are desirous of celebrating the 4th of July by hosting the
Commodore's July 4th Picnic 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 Yacht Club 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 2021 Commodore's July 4th
Picnic herein referred to as "Picnic" activities; and,
NOW, THEREFORE, it is hereby agreed that the City and Yacht Club enter into
this Agreement regarding said Picnic activities:
1. General Provisions. During the Picnic, Yacht Club, shall, as the exclusive
concessionaire, on behalf of the City, coordinate and schedule all public picnic
event and functions.
2. Duties of Yacht Club. Yacht Club does hereby agree to be responsible for the
following activities in connection with the Picnic at its expense, and the City does
hereby delegate said responsibilities to Yacht Club along with certain income or
revenues associated therewith:
(a) Yacht Club shall recommend the area for such Picnic, subject to the
approval and designation of the City Council.
(b) Yacht Club is hereby appointed to coordinate all vendor activities
conducted on public lands and streets within the entertainment area during
the Picnic period, giving special attention to the hours of operation, location,
products, costuming, booth design and vendor permit fees. Vendors must
obtain endorsement from Yacht Club before obtaining a vendor permit
from the City, if one is required. If a City vendor permit is not required,
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then vendors must obtain permission from Yacht Club before conduction
any business within the entertainment area.
(c) Yacht Club is authorized to charge $0.00 for admission into the Picnic's
entertainment area; fee shall not exceed $0.00 per person on Sunday, July 4,
2021.
(d) Yacht Club shall obtain City Council approval for the temporary street
closure for the picnic, as outlined in the City of Port Arthur's Code of
Ordinances.
(e) Yacht Club agrees to arrange for fencing the entertainment area, and the
City shall approve the area in which Yacht Club intends to fence. Yacht
Club 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. Yacht
Club agrees to contact the Fire Chief/Fire Marshal to determine which areas
will be suitable for emergency gates.
(f) Yacht Club 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. Yacht Club shall be entitled to all revenues
except as otherwise herein expressly provided from the entertainment area.
(g) Yacht Club 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.
(h) Yacht Club shall provide trash barrels in the Picnic entertainment area.
(i) Yacht Club shall be in charge of the cleanup of the entertainment area.
(j) Yacht Club shall coordinate and enforce contracts with all temporary
concessions in the Picnic's entertainment area, and the City shall have the
right to approve or disapprove said concessions after Yacht Club approval.
(k) Yacht Club shall coordinate all Picnic activities, and shall, when necessary,
secure special approval of the City. Yacht Club shall submit a master/site
plan to the City on or before July 1, 2021 of all activities to be undertaken
as a part of the Picnic's 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.
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(1) Yacht Club shall obtain at its sole cost and expense, and cause to be kept in
full force and effect at all times during the Picnic, 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 Picnic. 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 Yacht Club 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 Yacht Club. 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 Picnic. 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 Yacht Club 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 Yacht
Club's obligation under this section.
(m) Yacht Club 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
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whatsoever may arise out of or will be attributable, directly or
indirectly, to the occurrence of the Picnic, or the construction,
maintenance, existence, operation, repair or removal of any bench,
stage, shelter or other type of structure on the Picnic's
entertainment area.
3. Duties of the City. The City does hereby agree to be responsible for the following
activities in connection with the Picnic, said expenses to be reimbursed by Yacht
Club.
(a) Types and location of all temporary concession permits on public property
within the Picnic's entertainment area shall be subject to the prior approval
of the Yacht Club.
(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 Yacht Club 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 Picnic activities occurring
or taking place on City streets, alleys, and rights-of-way after Yacht Club
has approved or proposed same.
(e) The City must approve any and all firework displays or laser light shows
being planned, after Yacht Club has first approved or proposed same.
4. Term. This agreement shall be in force and effect until July 31, 2021.
5. Termination. The City Manager, after consultation with the Chief of Police can
terminate this agreement and the Picnic's celebration for security concerns.
6. Financial Reporting and Settlement of Expenses. Yacht Club and the City each
agree to deliver to the other a report of its receipts and expenditures of the Picnic
within ninety (90) days after the conclusion of the Picnic for each year subject to
the Agreement.
7. Security. Yacht Club 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 Yacht Club shall reimburse the City for the overtime costs (hours
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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. Yacht Club will not be authorized to sell and/or consume alcohol in the
entertainment area during the event.
9. Compliance with Laws. Both parties agree to mutually cooperate to enforce all
laws and regulations relating to the Picnic, 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 Picnic'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.
YACHT CLUB: CITY OF PORT ARTHUR:
By: By:
Paul Vera, Commodore Ron Burton, City Manager
By: APPROVED AS TO FORM:
Judy Walters, Secretary
By:
Valecia Tizeno, City Attorney
5
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
Paul Vera, Commodore of the Yacht Club 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
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
Judy Walters, Secretary of the Yacht Club 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
6
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 , 2020.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
7
P.R. No. 21994
06/09/21 ca
Exhibit "B"
PORTART-01 SPADUCI-(
'4cdRv CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYY)
e•.— 5/20/2021
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: It the certificate holder Is an ADDITIONAL INSURED,the policy()es)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 endorsemant(s).
PRODUCER ACT
Sara Diaz
Gown*Group,inc. PHONE FAX
C
70 Essex Road (om.No,Ext) 880)399-2809 (M ,No)(880)399-3898
Westbrook,CT 06496 Wass;sarad@gowrle.com
INSURERIS}AFFORDING COVERAGE ?LAIC t
INSURER A Federal Insurance Company 20281
INSURED INSURER B:
Port Arthur Yacht Club INSURER C:
440 Pleasure Island Blvd. INSURER D•
Port Arthur,TX T7840
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REV(4ION NUMBER:
THIS 1S 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 POUCHES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INTSRR ADM TYPE OF INSURANCE �VV POUCY NUMBER UBR PIXXMJ40/YYYFYI t� LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ! 1,000,000
CLAIMS-MADE X OCCUR 35898454 611412020 6/14/2021 DAMAGE TO RENrEO 1,000,000
X PREMISES iFa aawrerloe) s
MED EXP(Any one person) $ 14,000
PERSONAL a INJ
URY JURY S 1,000,000
GERI.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY jNT- LOC PRODUCTS-COUPOP AGO s Included
OTHER
AUTOMOBILE UABEITY EICC b entjED LE LMNtT
ANY AUTO BODILY INJURY Par
OWNED SCHEDULED ( } $
AURTOS ONLY AUTOSU� pBRODILY INJUpRAY�((Per acceNV} S _
ALTOS ONLY AUTOS (Pee n) GE S >....
S
UMBRELLA UAB OCCUR EACH OCCURRENCE S
EXCESSUAB CLAIMS.MADE AGGREGATE >:
DED RETENTIONS $
WORKERS PER ERADD EMOYERS'LIABILITY ION ATUTE
YIN
ANY PROPRIETORIPARTNERlEXECUTNE E L EACH ACCIDENT
FFp_ ICERfMEMBER EXCLUDED? NIA
lwndINocY MIN E.L.DISEASE-EA EMPLOYEE S
It yes.deacnee under ..
DESCRIPTION OF OPERATIONS LWow E.L.DISEASE-POLICY LIMIT $
A Marine GL 7323287 8/14/2020 6/14/2021 1,000,000
A P&I Regatta 7323268 6/14/2020 6/1412021 1,000,000
DESCRIPTION Of OPERATIONS 1 LOCATIONS 1 VEHICLES(AGGRO 101,Additional Remarks Schedule,may in attached If more space is
The City of Port Arthur Parks and Recreation Department Is included as an additional insured for General Llartrlitur,rhen required by contact or agreement.
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 Parks and Recreation Department AUTHORIZED REPRESENTATIVE
Attn: Chandra Alpo
1308 9th Street Iega -
P.R. No. 21994
06/09/21 ca
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