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HomeMy WebLinkAboutPR 22575: EXCLUSIVE CONCESSIONAIRE-PORT ARTHUR ALUMNI SOFTBALL GROUP-JENETEENTH SOFTBALL TOURNAMENT T a www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 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. 22575 —Exclusive Concessionaire-Port Arthur Alumni Softball Group— Juneteenth Softball Tournament Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22575 authorizing the City Manager to execute an agreement designating and establishing the 2022 Juneteenth Alumni Event Activities entertainment area and designating Port Arthur Alumni Softball Group as exclusive concessionaire. Background: The Port Arthur Alumni Softball Group is a group of individuals who are focused on supporting positive activities and bringing the community together for the celebration of Juneteenth in the City of Port Arthur.This organization wants to host a softball tournament at SSgt.Lucian Adams Park on Saturday, June 18, 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. 22575 authorizing the City Manager to execute an agreement designating and establishing the 2022 Juneteenth Alumni Softball Tournament entertainment area and designating Port Arthur Alumni Softball Group 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. 22575 05/13/2022 ca RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE 2022 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 Port Arthur Alumni Softball Group 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 Event activities; 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. Section 5. That the Port Arthur Alumni Softball Group shall provide a certificate of insurance coverage to the City as described in Exhibit"B". P.R. No. 22575 05/13/2022 ca 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 Bailie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED 0 FORM: V.1, is R. izenotill YAJ2/61 Ci , Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager P.R. No. 22575 05/13/2022 ca � J Timothy riso, Police Chief /t, Greg Benson, Fire Chief Ufuk /t . Chandra Alpough, Director of Parks and Recreation r ne o ode Compliance Manager udL J Jrb �ith Smith, Director of Health D partment ozel Roberts, Dire t of Publi orks P.R. No. 22575 05/13/2022 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 though, Kalan Gardner is requesting for the City's support in hosting the 2022 Juneteenth Bash Softball Tournament &Vendor Fair at SSgt. Lucian Adams Park; and, WHEREAS, it is necessary for the 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 2022 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 public Juneteenth Bash events and functions. 2. Duties of the Dime. 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. (a) The Alumni shall recommend the area for such Event, subject to the approval and designation of the City Council. (b) The Alumni is hereby appointed to coordinate 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, then vendors must obtain permission from The Alumni before conducting any business within the entertainment area. 1 (c) The Alumni is not authorized to charge a fee for admission into the Event's entertainment area; fee shall not exceed $0.00 per person on Saturday, June 18, 2022. (d) The Alumni, 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 Alumni, if 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 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 City shall provide trash barrels in the Event entertainment area. (i) The Alumni shall be in charge of the cleanup of the entertainment area. (j) 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. (k) The Alumni shall coordinate Event activities, and shall, when necessary, secure special approval of the City. The Alumni shall submit a master/site plan to the City of activities to be undertaken as a part of the Event'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. (1) 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 Gathering, a legally binding 2 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's obligation under this section. (m) 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, (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, 3 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 from June 17—June 20, 2022. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Event's celebration for security concerns or other logistical reasons. 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 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. 4 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 is the entire Agreement of the parties and it 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. THE ALUMNI: CITY OF PORT ARTHUR: By: By: Kalan Gardner 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 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 , 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. 22575 05/13/2022 ca Exhibit "B" ACO ,} DATE(MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 05/18/2022 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 Jeewanjee Insurance Agency NAME: 2aln Jeewanjee 1494 Hamilton Ave Suite 103 PHONE ((NC No.Ext):(408)217-6787 FAX No);408-997-7890 San Jose CA 95125 E-MAIL su ort oneda event.com ADDRESS: PP @ Y INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Arch Insurance Company 11150 INSURED Kalan Gardner INSURER B: 1020 6th St INSURERC: _ Port Arthur TX 77640 INSURERD: INSURER E: INSURER F: . COVERAGES CERTIFICATE NUMBER: 1001980780 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR �.� POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A • COMMERCIAL GENERAL LIABILITY CQ7 `., 06/18/2022 06119/2022 EACH OCCURRENCE $1,000,000 SBCGL3146900 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 1,000,000 Host ligour MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY , $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 ii51POLICY : 7r7r, JEC PROT- ® LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: Deductible $0 AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ 101101 (Ea accident) O ANY AUTO BODILY INJURY(Per person) $ 2 AUTOSONLY co SCHEDULED BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY • AUTOS ONLY (Per accident) $ $ .§_UMBRELLA LIAB OCCUR IC311Q1 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ uu MI on- - - 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 JUNETEENTH SOFTBALL TOURNAMENT from June 18,2022 through June 19,2022. CERTIFICATE HOLDER CANCELLATION City of Port Arthur SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 444 4th st ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur TX 77640 ! ( ©1988-2015 ACORD CORPORATION. All rights reserved. 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