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HomeMy WebLinkAboutPR 22824: EXCLUSIVE CONCESSIONAIRE-CLARK & COLEMAN MUSEUM CONSULTANCY - REUNION AND COMMUNITY GATHERING www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 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. 22824—Exclusive Concessionaire-Clark& Coleman Museum Consultancy—Reunion and Community Gathering Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22824, authorizing the City Manager to execute an agreement designating and establishing the 10th Anniversary UGK Day Celebration entertainment area,designating Clark&Coleman Museum Consultancy as exclusive concessionaire. Background: Clark& Coleman Museum Consultancy is an organization focusing on providing a community event to educate, celebrate and create memories that builds a foundation for the next music, arts and culture being fostered. They are requesting to host a 10th Anniversary UGK Day Celebration event on December 3, 2022 that will provide an old school drive-in film experience featuring a recorded performing art piece capturing UGK over a 10 year span of their career as recording artists. The organization will engage in a panel discussion with the community with respect to utilizing neighborhood space,the importance of healthy rituals,and gauge interests in leveraging public art as a means to beautify the City of Port Arthur. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No.22824,authorizing the City Manager to execute an agreement designating and establishing the loth Anniversary UGK Day Celebration entertainment area, designating Clark & Coleman Museum Consultancy 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. 22824 10/13/2022 DG RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE 10TH ANNIVERSARY UGK DAY CELEBRATION ENTERTAINMENT AREA, DESIGNATING CLARK & COLEMAN MUSEUM CONSULTANCY AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS,the Clark&Coleman Museum Consultancy,is an organization,acting by and through Charles Clark,III,focusing on providing a community event to educate,celebrate,and create memories that builds a foundation for the next music, arts and culture being fostered; and, WHEREAS,the 10th Anniversary UGK Celebration will provide an old school drive-in film experience featuring a recorded performing art piece capturing UGK over a 10 year span of their career as recording artists; and, WHEREAS, the organization will engage in a panel discussion with the community with respect to utilizing neighborhood space, the importance of healthy rituals, and gauge interests in leveraging public art as a means to beautify the City of Port Arthur; and, WHEREAS,the Clark&Coleman Museum Consultancy is hereby requesting City Council's approval to utilize the Downtown Pavilion, Peoples Park and the surrounding areas for the 10th Anniversary UGK Day Celebration; and, WHEREAS, the designation of the Clark & Coleman Museum Consultancy 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 Manager is hereby authorized to execute an Agreement with Clark & Coleman Museum Consultancy, with said Agreement containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit"A". Section 3. That Clark & Coleman Museum Consultancy is hereby designated as the exclusive concessionaire of the 10th Anniversary UGK Day Celebration. Section 4. That the 10th Anniversary UGK Day Celebration on December 3,2022,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 as shown in Exhibit"B". P.R. No. 22824 10/13/2022 DG Section 5. That the City Council hereby designates and establishes the entertainment area for the 10th Anniversary UGK Day Celebration to be that certain area known as the Downtown Pavilion, Peoples Park and surrounding areas as depicted and described in Exhibit "C" attached hereto and made a part hereof. 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 APP VED AS TO FORM: LJacP -71h ' alecia R. Tiz no, City Attorney P.R. No. 22824 10/13/2022 DG APPROVED FOR ADM ► TRATION: fv Ronald Burton, City Manager Timothy Du so, Police Chi ,.. <4,--071/ - I D I )` 1"7.7 Greg Benson, Fire Chief artaALCL Chandra Alpough, Director of Parks and Recreation lor / 1kAii i„.) ai4 . � 1 - ;, I�.'ne .mss �ier -,� i de Compliance Manager tor beth4461) Judi Smith, Dire or of Health Department ozelle bens, Direct o Public or s P.R. No. 22824 10/13/2022 DG Exhibit "A" as u E Ea, a) ( .0 o = \ > § ( - E \ a) 2 r 5 E 2 e 7 = 0 7 k ® V) e @ u E \ t .§ / c \ f \ 7 \ = 2 / / \ $ \ % \ ƒ o ƒ ƒ y V) = u 0 a ' 2 u $ _ = E .V) m / \ k E � •' 0 ' E 4 > C — co - E •2 f \ J > u \ ® / / - / / \ CD \ / - / { 2 ets 2 .J § s \ ) 7 = m k ) \ o E E .E \ CU°9 / o_ uiii, ± 2 - / / ( / C C o % / R u \ \ _ » o _ 2 \ a & E ? a- a 0 a E a t I a) a 3 k \ C ( C > R a 0 i a) 2 eC $ ~ U _ : C 4 . a, .0 m C '- E E E \ / fu U / 42-2 \ g . „CD E _ < e \ U ° ^ E E \ / / \ a) a / -0 \ E 0 c e E § - S I / '0 2 $ ~E \ 2 U a- v., u o_ IS -C2 ) � a 2 D = o_ \ B / 3 / / / CZ $ \ k \ \ 0 E / E # § O § \ .0 \ e E / o f 2 = 14. E \ o ° 2 f 0 0 Cl.) 2 0 a = U = (12 @ ° E o 3 0 ..... / / ± ® c © 0 & - 4 » u 2 u a) - $ ° \ ■ U - / } C \ a o G / t \ § _ . _ ƒ 2 B ° 0 k E % ) u / \ / \ \ K J - E ƒ _ w & o vi — % I / E % m t # / / 2 c , f •f k 0 £ o [ 0 -0 e a if .g ea S = _ > k § / f e \ / a) , \ = o 0 e ° 2 *.E., .. _ m a cc \ / \TD / k / ƒ / § \ / ƒ \ 0 o E 7 > u iv / t % = 7 7 7 7 k ® / % ƒ \ E t N $ \ \ ( k / / / 2 ¥ 2 % \ > \ � % \ § y a * a ® § f k 2 z = Q = / & a u ' cu \ a $ ° a) 0 a) 3 \ f $ . / \ 7 m E = ° i w e a 0 e = R £ I- Q 0_ z a s a 0 U / / 2 ± ! AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND CLARK & COLEMAN MUSEUM CONSULTANCY THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Clark& Coleman Museum Consultancy, acting by and through, Charles Clark,III, herein referred to as ("Consultancy"). WITNESSETH: WHEREAS, the City and the Consultancy, acting by and though, Charles Clark, III, is requesting for the City's support in hosting the 10th Anniversary UGK Day Celebration to focus on providing a community event to educate, celebrate, and create memories that builds a foundation for the next music, arts and culture being fostered; and, WHEREAS, the City and the Consultancy 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 loth Anniversary UGK Day Celebration referred to as "Celebration" activities; and, NOW, THEREFORE, it is hereby agreed that the City and the Consultancy enter into this Agreement regarding said Celebration activities: 1. General Provisions. During the Celebration, the Consultancy, shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public 10th Anniversary UGK Day Celebration events and functions. 2. Duties of the Consultancy. The Consultancy does hereby agree to be responsible for the following activities in connection with the Celebration at its expense and the City does hereby delegate said responsibilities to the Consultancy along with certain income or revenues associated therewith: (a) The Consultancy shall recommend the area for such Celebration, subject to the approval and designation of the City Council. (b) The Consultancy is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Celebration period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from the Consultancy 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 Consultancy before conducting any business within the entertainment area. (c) The Consultancy is authorized not to charge a fee for admission into the Celebration's entertainment area; fee shall not exceed $0.00 per person on Saturday, December 3, 2022. (d) The Consultancy, 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 Consultancy, if applicable, agrees to arrange for fencing the entertainment area, and the City shall approve the area in which the Consultancy intends to fence. The Consultancy 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 Consultancy agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) The Consultancy 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 Consultancy shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) The Consultancy 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 Consultancy shall provide trash barrels in the Celebration entertainment area. (i) The Consultancy shall be in charge of the cleanup of the entertainment area. (j) The Consultancy shall coordinate and enforce contracts with all temporary concessions in the Celebration's entertainment area, and the City shall have the right to approve or disapprove said concessions after Consultancy approval. (k) The Consultancy shall coordinate all Celebration activities, and shall, when necessary, secure special approval of the City. The Consultancy shall submit a master/site plan to the City of all activities to be undertaken as a 2 part of the Celebration'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 Consultancy shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Celebration, 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 Celebration. 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 Consultancy 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 Consultancy. 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 Consultancy 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 Consultancy's obligation under this section. (m) The Consultancy 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, 3 (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 Celebration, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Celebration's entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Celebration, said expenses to be reimbursed by the Consultancy. (a) Types and location of all temporary concession permits on public property within the Celebration's entertainment area shall be subject to the prior approval of the Consultancy. (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 Consultancy 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 Celebration activities occurring or taking place on City streets, alleys, and rights-of-way after the Consultancy has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after the Consultancy has first approved or proposed same. 4. Term. This agreement shall be in force and effect until December 31, 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 Consultancy and the City each agree to deliver to the other a report of its receipts and expenditures of the Celebration within ninety (90) days after the conclusion of the Celebration for each year subject to the Agreement. 4 7. Security. The Consultancy 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 Consultancy 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 Consultancy 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 Celebration, 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. CLARK& COLEMAN MUSEUM CITY OF PORT ARTHUR: CONSULTANCY By: By: Charles Clark, III, Organizer Ron Burton, City Manager APPROVED AS TO FORM: By: Valecia Tizeno, City Attorney 5 ACKNOWLEGEM ENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Charles, Clark, III, Clark & Consultancy 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. 22824 10/13/2022 DG Exhibit "B" The 10th Anniversary UGK Day Celebration on December 3, 2022, 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. No. 22824 10/13/2022 DG Exhibit "C" but cai:«�n + i •�- � d o g .Eeshore • 7,3 .r 4 ,, 4 3 3g '..:,.7, `� '; . tip : y ? 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