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HomeMy WebLinkAboutPR 22060: EXCLUSIVE CONCESSIONAIR-BADGES/CITY WIDE EVENING OF PRAISE & WORSHIP www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 26, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreatiorf j. — RE: P.R. 22060—Exclusive Concessionaire-BADGES/City Wide Evening of Praise & Worship Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22060 authorizing the City Manager to execute an agreement designating and establishing the BADGES/City Wide Evening of Praise & Worship entertainment area for 2021 and designating Chosen Generation Evangelistic Ministries, Inc. as exclusive concessionaire. Background: The Chosen Generation Evangelistic Ministries, Inc. is an organization that wants to host an event to show appreciation to the City of Port Arthur Police and Fire Departments. They also want to have a City Wide Evening of Praise & Worship that is free for the public. This event will have entertainment and vendors. Budtet Impact: None Recommendation: It is recommended that the City Council approve P.R.No. 22060 authorizing the City Manager to execute an agreement designating and establishing the BADGES/City Wide Evening of Praise&Worship entertainment area for 2021 and designating Chosen Generation Evangelistic Ministries, Inc. as exclusive concessionaire. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P.R. No. 22060 07/26/2021 ca RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE BADGES/CITY WIDE EVENING OF PRAISE & WORSHIP ENTERTAINMENT AREA, DESIGNATING CHOSEN GENERATION EVANGELISTIC MINISTRIES,INC.AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS,the Chosen Generation Evangelistic Ministries,Inc.is an organization,acting by and through its founder,James Reed,who wants to show appreciation to the City of Port Arthur Police and Fire Departments; and, WHEREAS, the organization also wants to have an evening of praise and worship that is open to the public; and, WHEREAS,the Chosen Generation Evangelistic Ministries,Inc. is hereby requesting City Council's approval to utilize the Downtown Pavilion located at 500 Procter Street for said event; and, WHEREAS,the City Council desires to promote the BADGES/City Wide Evening of Praise &Worship as a means to show appreciation to the City of Port Arthur Police and Fire Departments, stimulate business and entertainment activities within the City; and, WHEREAS,the designation of Chosen Generation Evangelistic Ministries,Inc.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 BADGES/City Wide Evening of Praise&Worship 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 the Chosen Generation Evangelistic Ministries,Inc.is hereby designated as the exclusive concessionaire of the BADGES/City Wide Praise Evening of Praise & Worship. Section 4. That the City Manager is hereby authorized to execute an Agreement with the Chosen Generation Evangelistic Ministries, Inc., 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. 22060 07/26/2021 ca Section 5. That the Chosen Generation Evangelistic Ministries, Inc. 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: Kt" Valecia R. izeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager P.R. No. 22060 07/26/2021 ca Timothy Duriso, Police Chief Robert Havens, Interim Fire Chief Chandra Alpough, Director of Parks and Recreation Darlene Thomas Pierre, Code Compliance Manager Judith Smith, Director of Health Department Alberto Elefano, Director of Public Works P.R. No. 22060 07/26/2021 ca Exhibit "A" pvost 6Et4Fp °, a+ r� t� ,ve' Chosen Generation Evangelistic Ministries, Inc. i, o� Apostle James Reed, Sr. Pastor �� \ 1 ` `6 July 26, 2021 City of Port Arthur, CHOSEN GENERATION EVANGELISTIC RE: BADGES/City Wide Evening of Hope Praise& Worship— MINISTRIES, INC September 25,2021 CHURCH BADGES Program 10a-2p ADMINISTRATION Chosen Generation Evangelistic Ministries, Inc. will be staging Apostle James Reed barbeque pit,tents,tables and hand wash stations, using hand Senior Pastor/Founder sanitizer, wipes and mas as needed. Our purpose is to serve the City of Port Arthur Police Department and Fire Department Pastor Kellie Reed barbeque links, chips and drinks. We desire to utilize the westside Pastor/Executive of the Downtown Pavilion on Austin Street for better traffic control Administrator and safety measures. The barbeque pit for food giveaway will be staged on the southwest side of the alleyway at 9am and we will Evangelist Nia Jacobs start serving at loam, ending at 2pm or until we have completely Church Administrator run out of food. Housekeeping and clean-up will be done during time of giveaway, as well as, dispose of trash afterward. Trash will Minister Stephana Green be hauled off either in dumpster or truck. Minister LaTasha Amos Minister Lance White Evening of Praise&Worship 5p-8p Ministers Board We are asking for usage of pavilion platform,bleachers and electrical outlets for sound equipment such as PA system, speakers, Deacon Darrick Prater keyboards and mics for each group that will be singing or Deacon Darnell Moore performing from different churches or local artist that want to Deacons Board support this event. There will be a team of individuals dressed in a particular color of shirts guarding the site with radio sets. We hope Hours it is possible to use a dummy patrol car on site for additional Sundays support. Sunday School— 10:00am Worship Service— 11:30am We ask for the city to barricade the areas of the pavilion that expose the construction area. Wednesdays Prayer Meeting—6:00pm Humbly Sent, Fridays p ® Jo Ruh 54. Bible Study—7:30pm Chosen Generation Evangelistic Ministries,Inc Port Arthur,Texas Office: 409-351-5535 ChosenGEM.portarthur@gmail.com 1601 DeQueen Blvd., Port Arthur, TX 77642 Love is what love does! AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND CHOSEN GENERATION EVANGELISTIC MINISTRIES, INC. THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Chosen Generation Evangelistic Ministries, Inc., by and though its Founder,James Reed ("Chosen"). WITNESSETH: WHEREAS, the City and Chosen, by and though its Founder James Reed, are desirous of celebrating BADGES/City Wide Evening of Praise & Worship by hosting an event to show appreciation to the City of Port Arthur Police and Fire Departments and 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 Chosen 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 BADGES/City Wide Evening of Praise & Worship herein referred to as "BADGES" activities; and, NOW, THEREFORE, it is hereby agreed that the City and Chosen enter into this Agreement regarding said Picnic activities: 1. General Provisions. During the BADGES, Chosen, shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public BADGES event and functions. 2. Duties of Chosen. Chosen does hereby agree to be responsible for the following activities in connection with the BADGES at its expense and the City does hereby delegate said responsibilities to Chosen along with certain income or revenues associated therewith: (a) Chosen shall recommend the area for such Picnic, subject to the approval and designation of the City Council. (b) Chosen is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the BADGES period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from Chosen before obtaining a vendor permit from the City, 1 if one is required. If a City vendor permit is not required, then vendors must obtain permission from Chosen before conduction any business within the entertainment area. (c) Chosen is authorized to charge $0.00 for admission into the BADGES' entertainment area; fee shall not exceed $0.00 per person on Saturday, September 25, 2021. (d) Chosen shall obtain City Council approval for the temporary street closure for the BADGES, as outlined in the City of Port Arthur's Code of Ordinances. (e) Chosen agrees to arrange for fencing the entertainment area, and the City shall approve the area in which Chosen intends to fence. Chosen 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. Chosen agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) Chosen 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. Chosen shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) Chosen 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) Chosen shall provide trash barrels in the BADGES entertainment area. (i) Chosen shall be in charge of the cleanup of the entertainment area. (j) Chosen shall coordinate and enforce contracts with all temporary concessions in the BADGES entertainment area, and the City shall have the right to approve or disapprove said concessions after Chosen approval. (k) Chosen shall coordinate all BADGES activities, and shall, when necessary, secure special approval of the City. Chosen shall submit a master/site plan to the City on or before September 20, 2021 of all activities to be undertaken as a part of the BADGES' 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 2 Manager shall also be submitted to the City Manager for further review and approval. (1) Chosen shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the BADGES, 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 BADGES. 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 Chosen 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 Chosen. 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 BADGES. 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 Chosen 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 Chosen's obligation under this section. (m) Chosen 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, 3 (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 Picnic, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the BADGES'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 Chosen. (a) Types and location of all temporary concession permits on public property within the BADGES' entertainment area shall be subject to the prior approval of the Chosen. (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 Chosen 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 BADGES activities occurring or taking place on City streets, alleys, and rights-of-way after Chosen has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after Chosen has first approved or proposed same. 4. Term. This agreement shall be in force and effect until September 30, 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. Chosen 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 BADGES for each year subject to the Agreement. 7. Security. Chosen 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. Chosen 4 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. Chosen 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 BADGES, 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 BADGES' 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. CHOSEN GENERATION CITY OF PORT ARTHUR: EVANGELISTIC MINISTRIES, INC. By: By: James Reed, Founder Ron Burton, City Manager APPROVED AS TO FORM: By: Valecia Tizeno, City Attorney 5 ACKNOWLEGEMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared James Reed, Founder of Chosen Generation Evangelistic Ministries, Inc. 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. 22060 07/26/2021 ca Exhibit "B" '���RD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 07/26/2021 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 CONTACT NAME: Mass Merchandising Underwriting K&K Insurance Group, Inc. PHONE 1-800-328-2317 FAX 1-260-459-5502 1712 Magnavox Way b-MAIL A/C,No): M info@eventinsurance-kk.com Wayne IN 46804 ADDRESS: in C PRODUCER CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Nationwide Mutual Insurance Company 23787 Chosen Generation Evangelistic Ministry, Inc. INSURER B: 6945 Sierra Circle - Beaumont,TX 77708 INSURER C: A Member of the Sports, Leisure&Entertainment RPG INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W01990851 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 LTR TYPE OF INSURANCE ADDL NSD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000007441800 09/25/2021 09/26/2021 EACH OCCURRENCE $1,000,000 MADECLA IS- X OCCUR 12:01 AM EDT 12:01 AM PREM SESAMAGE O(Ca Occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 Host Liquor Liability Included GENERAL AGGREGATE $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGG $1,000,000 POLICYri PRO- LOC PROFESSIONAL LIABILITY JECT OTHER. LEGAL LIAB TO PARTICIPANTS AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) NOT PROVIDED WHILE IN HAWAII UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB -CLAIMS-MADE AGGREGATE DED n RETENTIO-N • WORKERS COMPENSATION AND N/A PER OTHER EMPLOYERS'LIABILITY _STATUTE I I ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH) E.L.DISEASE—EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT MEDICAL PAYMENTS FOR PARTICIPANTS PRIMARY MEDICAL EXCESS MEDICAL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Event Name:BADGES;Event Date:09/25/2021 to 09/25/2021;#of attendees: 100 Event Location:600 Proctor Street,Port Arthur,Texas 77640 The certificate holder is added as an additional insured,but only for liability caused,in whole or in part,by the acts or omissions of the named insured. CERTIFICATE HOLDER CANCELLATION City of Port Arthur,Texas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 444 4th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Port Arthur,TX 77640 ACCORDANCE WITH THE POLICY PROVISIONS. (Owner/Lessor of Premises) AUTHORIZED REPRESENTATIVE w Coverage is only extended to U.S.events and activities. "NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6BRPG0000007441800 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Port Arthur, Texas 444 4th Street Port Arthur,TX 77640 Named Insured: Chosen Generation Evangelistic Ministry, Inc. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include B. With respect to the insurance afforded to these as an additional insured the person(s) or organization(s) additional insureds, the following is added to Section III shown in the Schedule, but only with respect to liability —Limits Of Insurance: for "bodily injury", "property damage" or "personal and If coverage provided to the additional insured is required advertising injury" caused, in whole or in part, by your by a contract or agreement, the most we will pay on acts or omissions or the acts or omissions of those behalf of the additional insured is the amount of acting on your behalf: insurance: 1. In the performance of your ongoing operations; or 1. Required by the contract or agreement; or 2. In connection with your premises owned by or 2. Available under the applicable Limits of Insurance rented to you. shown in the Declarations; However: whichever is less. 1. 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