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HomeMy WebLinkAboutPR 22521: EXCLUSIVE CONCESSIOMAIRE - DIME NEIGHBORHOOD - REUNION AND COMMUNITY GATHERING h l �rt rtA�- T-r¢ www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 13, 2022 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation — RE: P.R. 22521 —Exclusive Concessionaire-Dime Neighborhood— Reunion and Community Gathering Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22521 authorizing the City Manager to execute an agreement designating and establishing the Dime Neighborhood Reunion and Community Gathering entertainment area designating Dime Neighborhood as exclusive concessionaire. Background: Dime Neighborhood is a group of individuals who are focused on supporting positive activities in the City of Port Arthur. This organization wants to host a neighborhood reunion and community gathering at Barbara Jacket Park on Saturday, June 11, 2022. This event will have vendors and will be open to the public. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No. 22521 authorizing the City Manager to execute an agreement designating and establishing the Dime Neighborhood Reunion and Community Gathering entertainment area designating Dime Neighborhood 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. 22521 04/13/22 ca RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING DIME NEIGHBORHOOD REUNION AND COMMUNITY GATHERING ENTERTAINMENT AREA, DESIGNATING DIME NEIGHBORHOOD AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS, the Dime Neighborhood, is an organization, acting by and through Reginald Trainer, that focuses on bringing the community together for a neighborhood celebration; and, WHEREAS,the organization is an advocate for community engagement and desires to host an event that will bring the community together and stimulate business in the City of Port Arthur; and, WHEREAS,the Dime Neighborhood is hereby requesting City Council's approval to utilize Barbara Jacket Park and the surrounding areas for the Dime Neighborhood Reunion and Community Gathering; and, WHEREAS, the City Council desires to promote the Dime Neighborhood Reunion and Community Gathering as a means to stimulate business and commercial activity within the City;and WHEREAS, the designation of the Dime Neighborhood 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 Dime Neighborhood Reunion and Community Gathering to be that certain area known as Barbara Jacket Park and surrounding areas as depicted and described in Exhibit "C" attached hereto and made a part hereof. Section 3. That Dime Neighborhood is hereby designated as the exclusive concessionaire of the Dime Neighborhood Reunion and Community Gathering. Section 4. That the City Manager is hereby authorized to execute an Agreement with the Dime Neighborhood,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. 22521 04/13/22 ca Section 5. That the Dime Neighborhood will provide a certificate of insurance coverage to the City thirty (30) days before the commencement of the event as specified in Section L of the agreement. 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 ,2022 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: h-t/c4/ de) Valecia R. izeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager P.R. No. 22521 04/13/22 ca Timothy Duriso,Police Chief ),SS Q Ai__ Greg Benson, Fire Chief f't 10)97WiL Chandra Alpough, Director of Parks and Recreation a , / , A I _, 3 \-9 r ene Thomas 'Terre, 'ode Compliance Manager ClkeibirgAiL Ju h Smith, Director of Heal art oz6eiieo232 rks P.R. No. 22521 04/13/22 ca Exhibit "A" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND DIME NEIGHBORHOOD THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Dime Neighborhood, acting by and through, Reginald Trainer, herein referred to as ("Dime"). WITNESSETH: WHEREAS, the City and the Dime, acting by and though, Reginald Trainer is requesting for the City's support in hosting Dime Neighborhood Reunion Community Gathering at Barbara Jacket Park; and, WHEREAS, the City and the Dime 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 Dime Neighborhood Reunion and Community Gathering referred to as "Gathering"activities; and, NOW, THEREFORE, it is hereby agreed that the City and the Dime enter into this Agreement regarding said Gathering activities: 1. General Provisions. During the Gathering, the Dime, shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public Reunion and Community Gathering events and functions. 2. Duties of the Dime. The Dime does hereby agree to be responsible for the following activities in connection with the Gathering at its expense and the City does hereby delegate said responsibilities to the Dime along with certain income or revenues associated therewith: (a) The Dime shall recommend the area for such Gathering, subject to the approval and designation of the City Council. (b) The Dime is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Gathering period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from the Dime before obtaining a vendor permit from the City, if one is required. If a City vendor permit is not required, then 1 vendors must obtain permission from the Dime before conducting any business within the entertainment area. (c) The Dime is authorized not to charge a fee for admission into the Gathering's entertainment area; fee shall not exceed $0.00 per person on Saturday, June 11, 2022. (d) The Dime, if applicable, shall obtain City Council approval for the temporary street closure for the gathering, as outlined in the City of Port Arthur's Code of Ordinances. (e) The Dime, if applicable, agrees to arrange for fencing the entertainment area, and the City shall approve the area in which the Dime intends to fence. The Dime 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 Dime agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) The Dime 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 Dime shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) The Dime 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 Dime shall provide trash barrels in the Gathering entertainment area. (i) The Dime shall be in charge of the cleanup of the entertainment area. (j) The Dime shall coordinate and enforce contracts with all temporary concessions in the Gathering's entertainment area, and the City shall have the right to approve or disapprove said concessions after Dime approval. (k) The Dime shall coordinate all Gathering activities, and shall, when necessary, secure special approval of the City. The Dime shall submit a master/site plan to the City of all activities to be undertaken as a part of the Gathering'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. 2 (1) The Dime shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Gathering, 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 Gathering. 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 Dime 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 Dime. 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 Gathering. 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 Dime 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 Dime's obligation under this section. (m) The Dime 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 3 whatsoever may arise out of or will be attributable, directly or indirectly, to the occurrence of the Gathering, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Gathering'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 Dime. (a) Types and location of all temporary concession permits on public property within the Gathering's entertainment area shall be subject to the prior approval of the Dime. (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 Dime 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 Gathering activities occurring or taking place on City streets, alleys, and rights-of-way after the Dime has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after the Dime has first approved or proposed same. 4. Term. This agreement shall be in force and effect until June 30, 2022. 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 Dime and the City each agree to deliver to the other a report of its receipts and expenditures of the Gathering within ninety (90) days after the conclusion of the Gathering for each year subject to the Agreement. 7. Security. The Dime 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. The Dime shall reimburse the City for the overtime costs (hours 4 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 Dime 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 Gathering, 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., 2022. DIME NEIGHBORHOOD: CITY OF PORT ARTHUR: By: By: Reginald Trainer Ron Burton, City Manager APPROVED AS TO FORM: By: Valecia Tizeno, City Attorney 5 ACKNOWLEDEMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Reginald Trainer, Dime Neighborhood 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 , 2022. 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 , 2022. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 P.R. No. 22521 04/13/22 ca Exhibit "B" (Insurance will be provided by May 10, 2022) P.R. No. 22521 04/13/22 ca Exhibit "C" r City of Port Arthur ,;�: Special Event Permit Application Event Name: k it;w1i= ) IV N.1Lair<V)©Ka[Xk Event Start Date:J u kJ e 1 l`a.naa Event End Date:3'uv t 1 k I Annual Event: LJ Yes LJ No 1st Time Event: Alcohol Served: ❑ Yes LJ No Event Category Community Festival: ❑ Concert: LJ Athletic Event: u (Check all that apply) Carnival/Fair: Li Zydeco: I_! Bike/Race Tour: Fishing Tournament: LJ Reunion: ✓ Birthday Party: _ Parade: a Other: L t,(00aila Jack t Pa( K,. Event Organizer: f..,giu&Lot. T 2as tie rk_ Organization Name: (b1Me) k.)e We0a l-4aOct Street Address: 3 51 a{-h 51, City:ate AQtiu-te State:[eXAS Zip: to Primary Contact:F a3raa.d i ri a Ai e-A. Email:li.0 cud:Er'a IA)eil yehcv. Co Al Phone#:440 5L(a-i3bp Cell #:0405S 54 w -13C i Secondary Contact: R O k 1 rJ k A n1 t 1—T II Phone#: (4bc0 5 y q-a3 zf 1 Cell#:�40q)5q 1;2341 Description 0 Ev nt: (Provide thorough details of event activities,programs and schedule) Ne1ghba2 adrit l' euw&oV - (u-, t�c�+[ter c,i, t,O -Ike It)ei h / (-O cdet tn°\ 4p�.�hI 1t c^ ti.Di ms rr- gvC�50,a ttint,„ r,n►al-i g ost,4e, jirloal OCkil I'C+dS l l vc.J i c�et ALb5 A-ub aloe 0-1,enls cJck-us Dbumi• --"Ti Me 1Oa.►t—tc ern 'W6442014 6/10,24 Event Venue/Site(s): ( x lain what sites will tie used and the activities at each) \Ale t9c by LAStk% "c (F P�III I( (g,t,K$ 6aL- c)4111 j Elee(g-kt,,*1 1v2 NJ 3 Ntsvk,—u(o( —,-.._art set'-(,.e, coo . Tn,.,ck. / 2EA. Overall Attendance Estimate: 36—5 D 11.) v tt-c_ Is this a private event(invite only)or o 8 eato the public? Will admission/entry fees be charged? LJ Yes LV'No Cost in Advance: Cost Day of: Event Merchant&Vendors I formation Will fees be charged is vendors to particpate in this event: Yes No If Yes,how much? Food Served or {X Yes LJ No #Vendors: #Non-Profit Vendors: #For-Profit Venders: Sold At Event: #Food Vendors Needing Electricity: #Food Vendors Needin Water: Cooking Method: (Check all that apply) Charcoal: tt4r Gas/Propane: V Electric: Other: LJ Has the permit from the Health Department been obtained? LJ Yes kJiNo Merchandise ❑ Yes iNo #Vendors: #Non-Profit Vendors: #For-Profit Venders: Sold at Event #Vendors Needing Electricity: #Vendors Needing Water: Other Items or Describe Items/Services: Services Sold: Li Yes Lt.4(o #Vendors: #Non-Profit Vendors: #For-Profit Venders: #Vendors Needing Electricity: #Vendors Needing Water: Will your event involve the use of alcoholic beverages? LJ Yes '�No If yes,which kind? Has the TABC permit been obtainined? LJ Yes _I No Please describe your security plan to ensure the safe sale or distribution of alcohol and prevent underaged drinking. it>(C`4 lq Q.J&.(.R Pb Lto€. WI (I b e vo i bLe A" Q ets,t I4 0 N 5 1 Event Schedule Event Start Date: Event Setup Time: 0 d 3 L) Actual Event End Time: 18av Music/Sound Start/Setup Time:Dgvd Music/Sound End Time: 1SOU 61111.2 Actual Event Start Time:Dib00 Alcohol Service End Time: Alcohol Service Start Time:VI)r ,fre-- Event Cleanup Time: I q D0 2nd Event Date: Event Setup Time: Actual Event End Time: Music/Sound Start/Setup Time: Music/Sound End Time: Actual Event Start Time: Alcohol Service End Time: Alcohol Service Start Time: Event Cleanup Time: 3rd Event Date: Event Setup Time: Actual Event End Time: Music/Sound Start/Setup Time: Music/Sound End Time: Actual Event Start Time: Alcohol Service End Time: Alcohol Service Start Time: Event Cleanup Time: 4th Event Date: Event Setup Time: Actual Event End Time: Music/Sound Start/Setup Time: Music/Sound End Time: Actual Event Start Time: Alcohol Service End Time: Alcohol Service Start Time: Event Cleanup Time: Event Venue Set-up&Break-down Information Event Venue Set-up Date(s): Set-up Start Time: Set-up Finish Time: Venue Break-down Date(s): Break-down Start Time: Break-down Finish Time: Additional Venue(s)or Site(s)required for Event: Set-up or Staging of Equipment: Street Closures Requested Street(s)to be Closed: I usa,t Likvi h 04 CvV'l, colt . Proposed Date(s) &Times of Street Closures: Event Equipment/Elements You Will Be Supplying (Check&complete all that apply) Dumpsters: Yes U No Quantity: Portable Toilets: U Yes Li No Quantity: Recycling Containers: U Yes a No Quantity: Banners or Signs: U Yes LI No Quantity: Fencing,Barricades: U Yes Li No Type: Special Lighting: ❑ Yes U No Describe: Site Decorations: ❑ Yes L No Describe: Catered Food: Yes U No Describe: Live Entertainment: Li Yes Li No Describe: Security: LI Yes LJ No Describe: Traffic Control: U Yes U No Describe: Stage: ❑ Yes L1 No Quantity: Describe: Bleachers: Li Yes ❑ No Quantity: Describe: Other Structures: LI Yes LI No Quantity: Describe: Event Web site: LI Yes LI No URL: Booths,exhibits or displays: LI Yes LJ No Quantity: Describe: Tents or canopies: ❑ Yes ! No Quantity: Size-Sq. Ft.: Vehicles/Trailers: LJ Yes L No Quantity: Describe: VIP Area: LI Yes No Describe: Amplified Music/Sound: LJ Yes No Describe: Rides, inflatables other amusement items: LI Yes No Quantity: Insurance requirements must be met in order to offer these activir�. Event Equipment/Elements Needed from the City of Port Arthur (Check and complete all that apply.Fees will vary) Electrical Service: ✓$es No Describe: L 'v_ v\r 51 C Water Service: VYes LJ No Describe: Crowd-control Barricades: Yes [J No Describe: Traffic Control: Yes LJ No Describe: Security: Yes LJ No Duties: -41 Ab k 1(_e. Other City Services: Yes No Describe: Describe your anticipated needs for crowd control,Police,Event Security and Handicap Parking. v0 ct 1„u, un /71 Outline in detail the duties your event staff will perform during the event, include such items as staffing entry and exit points, beer/wine area(s),stage area(s), cleanup of debris and litter during and post-event, supervision of parking areas,etc. How many event staff members will you have on site during the event and how ill you obtain these event staff? Outline your plans for marketing and promoting your Special Event, include information on all media and other sources of promotion. Y Liability Insurance Information A Certificate of Insurance for this Event must be presented to the City of Port Arthur Parks and Recreation Deaprtment naming the City of Port Arthur as an additional insured no later than 15 calendar days prior to the Start Date of the Event. I have read and agree to follow City of Port Arthur rules and regulations.In additional,I agree to abide by 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 liablity,claims, suits,damages levies,costs,losses and fees, including attorney fees,arising out of or relating to my actitivites at this event. ic App c t Signature Date Thlk-- Staff Signature Date For Office Use Only Date Application Received: Location of Event: -3cL,rbC.r 6t,J C..:1Lt+ 'Qt7 L Deposit Paid: Alcohol Beverages: 0 Or TABC Permit: Health Department Permit Obtained: Yes No Not Required Site Plan Included:GI No Not Required Security Plan Included: Yes No Not Required Certificate of Insurance: Yes No Not Required Certifiicate of Insureance for rides,bounce houses,inflatables,etc: Yes No Not required City Council Presentation:0 No Not Required If Yes Date of Council Meeting: r 3 u,v�b)-at,) Ap royals: ` qairliv a, Parks and Recreation Date Public Works Date Police Department Date Fire Department Date Development Services Date a _ 11 �. • a a S i } kin `aY' "� �,; w i:.+ � x �" 1, M IP IAAt 1!, - iiejk . 1 ''." .,.' 5, . t 6 . ,5- * s r 9►/ 8 I l',, I ' viii, Xi r '- i 1 y t k s y ; -''# am - - _ m �Y _ i7lf 1 • e a. _ 7 • iy i , „,' r - fz - ,. , . .., „, . ,... ,... • .._...... .,,, , A . ,, ... 1 ... . . , y i i . t '� .,' ''''' ''''''‘‘''''''''' ' f° n / H. 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