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HomeMy WebLinkAboutPR 22091: EXCLUSIVE CONCESSIONAIRE-LION HEARTED BOXING ACADEMY - 2ND ANNUAL EDDIE RAY BROWN SHOWDOWN www.Po rtArt h u rTx.gov INTEROFFICE MEMORANDUM Date: August 10, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough. Director of Parks and Recreation CA, RE: P.R. 22091 —Exclusive Concessionaire-Lion Hearted Boxing Academy- 2nd Annual Eddie Ray Brown Showdown Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22091 authorizing the City Manager to execute an agreement designating and establishing the 2nd Annual Eddie Ray Brown Showdown entertainment area for 2021 and designating Lion Hearted Boxing Academy as exclusive concessionaire. Background: The Lion Hearted Boxing Academy is an organization that focuses on teaching youth self- control, discipline and building confidence through boxing. The Lion Hearted Boxing Academy wants to host the 2"d Annual Eddie Ray Brown Showdown, Texas vs. Louisiana at the Amos Evans Multi-Purpose Building on September 18, 2021. This event will showcase boxers from the Texas and Louisiana area. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No. 22091 authorizing the City Manager to execute an agreement designating and establishing the 2"d Annual Eddie Ray Brown Showdown entertainment area for 2021 and designating Lion Hearted Boxing Academy 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. 22091 08/10/21 ca RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE 2ND ANNUAL EDDIE RAY BROWN SHOWDOWN, TEXAS VS LOUISIANA AMATEUR BOXING ENTERTAINMENT AREA FOR 2021, DESIGNATING LION HEARTED BOXING ACADEMY AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS,the Lion Hearted Boxing Academy is an organization,acting by and through its Vice President, Kenneth Shepherd, Jr., that focuses on educating youth of the importance of maintaining self-control, discipline and exercise; and, WHEREAS,the organization is an advocate for teaching the youth to believe in themselves and build confidence through boxing; and, WHEREAS,the Lion Hearted Boxing Academy is hereby requesting that the City Council's approve the utilization of the Amos Evans Multi-Purpose Building, located at 1308B 9th Avenue, Port Arthur,Texas,for the 2nd Annual Eddie Ray Brown Showdown,Texas vs.Louisiana Showcase; and, WHEREAS, the City Council desires to promote the 2nd Annual Eddie Ray Brown Showdown,Texas vs.Louisiana Showcase as a means to stimulate business and commercial activity within the City; and, WHEREAS, the designation of the Lion Hearted Boxing Academy 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 2nd Annual Eddie Ray Brown Showdown, Texas vs. Louisiana Showcase to be that certain area known as the Amos Evans Multi-Purpose Building,located at 1308B 9th Avenue,Port Arthur,Texas and surrounding areas as depicted and described in Exhibit "C" attached hereto and made a part hereof Section 3. That the Lion Hearted Boxing Academy is hereby designated as the exclusive concessionaire of the 2nd Annual Eddie Ray Brown Showdown, Texas vs. Louisiana Showcase. Section 4. That the City Manager is hereby authorized to execute an Agreement with the Lion Hearted Boxing Academy, 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. 22091 08/10/21 ca Section 5. That the proposed 2°' Annual Eddie Ray Brown Showdown Event on September 18, 2021, will be contingent upon the proof of a legally binding insurance policy with a minimum coverage of S1,000,000.00 indicating the City of Port Arthur as the insured. 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: DONALD FRANK, SR. MAYOR PRO TEM ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 4rt° Valecia R. izen City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager P.R. No. 22091 08/10/21 ca Timothy Duriso, Police Chief Greg Benson, Fire Chief C64)61— Chandra Alpough, Director of Parks and Recreation Darlene Thomas Pierre, Code Compliance Manager Judith Smith, Director of Health Department Flozelle Roberts, Director of Public Works P.R. No. 22091 08/10/21 ca Exhibit "A" 16 July 2021 Lion Hearted Boxing Academy EIN 30-0203845 P.O. Box 402 Port Arthur, TX 77641-0402 Dear Mr. Johnny Brown, Lion Hearted Boxing Academy is partnering with Titan Boxing Gym for an upcoming show on the 18' of September 2021. We are requesting to utilize your facility from the 17' until the 19`h for setup, competition, and disassembling of the Boxing ring. This show will be The State of Texas Vs The State of Louisiana in 30-45 bouts involving boys, girls, women, and men. The plan is for an all-day show on Saturday the 18' with the morning session starting at 12pm and evening session at 7pm. We have given this showcase at your facility before on the 5" of August 2017. It was complimented by our Gulf Boxing Organization, Southern Association (Louisiana, Mississippi) of USA Boxing and your Event Staff as a successful event. This event will bring revenue to the city with hundreds of people visiting within and out of The State of Texas. We are looking forward to continuing what we started in 2017. This will be our 2nd Annual "Eddie Ray Brown Showdown, Texas VS Louisiana" in Memory of our late Founder, Coach, and Mentor Mr. Eddie Ray Brown. Kenneth Shepherd Jr Head CoachlVice President 409-543-4170 AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND LION HEARTED BOXING ACADEMY THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Lion Hearted Boxing Academy, by and through its Vice President, Kenneth Shepherd,Jr. ("Academy"). WITNESSETH: WHEREAS, the City and the Academy, by and though its Vice President, Kenneth Shepherd, Jr., are desirous of hosting the 2nd Annual Eddie Ray Brown Showdown, Texas vs. Louisiana 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 the Academy 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 2nd Annual Eddie Ray Brown Showdown, Texas vs. Louisiana herein referred to as "Showdown" activities; and, NOW, THEREFORE, it is hereby agreed that the City and the Academy enter into this Agreement regarding said Showdown activities: 1. General Provisions. During the Showdown, the Academy, shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public showdown event and functions. 2. Duties of the Academy. The Academy does hereby agree to be responsible for the following activities in connection with the Showdown at its expense, and the City does hereby delegate said responsibilities to the Academy along with certain income or revenues associated therewith: (a) The Academy shall recommend the area for such Showdown, subject to the approval and designation of the City Council. (b) The Academy is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Showdown period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from the Academy before obtaining a vendor permit from the City, if one is required. If a City vendor permit is 1 not required, then vendors must obtain permission from the Academy before conduction any business within the entertainment area. (c) The Academy is authorized to charge the following fees for admission into the Showdown's entertainment area; fee shall not exceed $20.00 per person on Saturday, September 18, 2021. (d) The Academy shall obtain City Council approval for the temporary street closure for the showdown, as outlined in the City of Port Arthur's Code of Ordinances. (e) The Academy agrees to arrange for fencing the entertainment area, and the City shall approve the area in which the Academy intends to fence. The Academy 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 Academy agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) The Academy 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 Academy shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) The Academy 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) The Academy shall provide trash barrels in the Showdown entertainment area. (i) The Academy shall be in charge of the cleanup of the entertainment area. (j) The Academy shall coordinate and enforce contracts with all temporary concessions in the Showdown's entertainment area, and the City shall have the right to approve or disapprove said concessions after Academy approval. (k) The Academy shall coordinate all Showdown activities, and shall, when necessary, secure special approval of the City. The Academy shall submit a master/site plan to the City on or before September 18, 2021 of all activities to be undertaken as a part of the Showdown'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 2 the City Manager shall also be submitted to the City Manager for further review and approval. (1) The Academy shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Showdown, 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 Showdown. 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 Academy 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 Academy. 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 Showdown. 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 Academy 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 Academy's obligation under this section. (m) The Academy 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 Showdown'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 the Academy. (a) Types and location of all temporary concession permits on public property within the Showdown's entertainment area shall be subject to the prior approval of the Academy. (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 Academy 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 Showdown activities occurring or taking place on City streets, alleys, and rights-of-way after the Academy has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after the Academy 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 Showdown's celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. The Academy 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 Showdown for each year subject to the Agreement. 7. Security. The Academy 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 4 crowd control and security plans provided and other information that he is cognizant of. The Academy 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. The Academy 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 Showdown, 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 Showdown'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. LION HEARTED BOXING ACADEMY: CITY OF PORT ARTHUR: By: By: Kenneth Shepherd, Jr., Vice President Ron Burton, City Manager APPROVED AS TO FORM: By: Valecia Tizeno, City Attorney 5 ACKNOWLE GEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Kenneth Shepherd, Jr., Vice President of Lion Hearted Boxing Academy 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. 22091 08/10/21 ca Exhibit "B" The 2nd Annual Eddie Ray Brown Showdown Event on September 18, 2021, will be contingent upon the proof of a legally binding insurance policy with a minimum coverage of $1,000,000.00 indicating the City of Port Arthur as the insured. P.R. 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