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HomeMy WebLinkAboutPR 22976: EXCLUSTIVE CONCESSIONAIRE - LION HEARTED BOXING ACADEMY - THE SHOWDOWN IN PORT TOWN II - AMATEUR BOXING SHOWCASE �rt AAAAAArrHu 11��I www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 10, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation RE: P.R.22976—Exclusive Concessionaire - Lion Hearted Boxing Academy- The Showdown In Port Town II -Amateur Boxing Showcase Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22976 authorizing the City Manager to execute an agreement designating and establishing The Showdown In Port Town II Amateur Boxing Showcase entertainment area for 2023 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 Showdown In Port Town II,Amateur Boxing Showcase at the Amos J. Evans Multi-Purpose Building on Saturday, June 17, 2023. This event will showcase boxers from Texas and surrounding areas. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No.22976 authorizing the City Manager to execute an agreement designating and establishing the The Showdown In Port Town II Amateur Boxing Showcase entertainment area for 2023 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. 22976 01/10/23 jb RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE SHOWDOWN, PORT TOWN II AMATEUR BOXING SHOWCASE ENTERTAINMENT AREA FOR 2023, 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 President, Calvin 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 the City Council's approval of the utilization of the Amos J. Evans Multi-Purpose Building, located at 1308B 9th Avenue, Port Arthur, Texas for The Showdown In Port Town II, Amateur Boxing Showcase; and, WHEREAS,the City Council desires to promote The Showdown In Port Town II,Amateur Boxing 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 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. Section 3. That the Lion Hearted Boxing Academy is hereby designated as the exclusive concessionaire of The Showdown in Port Town II Amateur Boxing Showcase. Section 4. That the Lion Hearted Boxing Academy has provided a certificate of insurance coverage to the city as shown in Exhibit"B". Section 5. That the City Council designates and establishes the entertainment area for The Showdown In Port Town II, Amateur Boxing Showcase to be that certain area known as the Amos J. 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. P.R. No. 22976 01/10/23 jb 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 ,2023 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'OVED AS TO FORM: tia—ed 19 ,1. .41410 Valecia R. izeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager p P.R. No. 22976 O1/10/23 jb ci_. - - ----- ',A,, i 3-(a--- -2e-to e Timothy Duriso Police Chief y /L.------ Greg Benson, Fire Chief ti la._ 4,1( Chandra Alpough, Di ct of Parks and Recreation c, Dar e e mas q o e Compliance Manager li AA) j102(k J dith Smith, Director of Health Department 4", • e e ' • •erts, Directo I'ublic P.R. No. 22976 O1/10/23 jb Exhibit "A" 9 January 2023 Lion Hearted (Boxing Academy) E I N 30-0203845 P.O. Box 402 Port Arthur,TX 77641-0402 Dear Mr.Johnny Brown, Lion Hearted Boxing Academy is looking to Host an upcoming show at the Port Arthur Recreation Facility on the 17th of June 2023. We are requesting to utilize your facility from the 16th until the 18th for setting up ring/16th, Event Date/17th, and disassembling of the Boxing Ring/18th.This Event name will be titled "The Showdown in Port Town II" and will be a Sanctioned show under USA Boxing Olympic Training Center Colorado Springs, Colorado. It will be held during the Federal Holiday weekend of Juneteenth with majority participation of Texas LBC's (Local Boxing Clubs and neighboring states).The Show will include approximately 30 sanctioned bouts involving Boys, Girls,Women, and Men.The weigh-ins will be from 9am-11pm (access into building no later than 8am is being requested for Officials to set up weigh-scale, table, etc.) on Saturday the 17th.The First Bout will begin no later 2pm with a Final Bout before 10pm.Our last show at your facility was on the 18th of June 2022.This was a successful event with approximately 453 spectators. Which most in attendance travelling from outside the City of Port Arthur(furthest Ingleside,Texas).This event will bring revenue to the city with hundreds of people visiting within and out of The State of Texas. We are expecting more local attendance and that is why we moved the normal start time of the show from 12:00pm to 2:00pm to no overlap with the other Juneteenth activities(5th Annual Juneteenth Softball). Also due to the vast majority of attendees travelling more than 50 miles to the City of Port Arthur.This would offer more flexible and safer travel arrangements for travelers from the information we collected and notated at our Post-Show meeting. I Calvin Shepherd Jr Assistant Coach/ Lion Hearted President 337-424-7373 MOW- 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 President, Calvin Shepherd,Jr. ("Academy"). WITNESSETH: WHEREAS, the City and the Academy, by and though its President, Calvin Shepherd, Jr., are desirous of hosting The Showdown In Port Town II, Amateur Boxing Showcase 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 Showdown In Port Town II, Amateur Boxing Showcase 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, June 17, 2023. (d) 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. (e) The Academy shall provide trash barrels in the Showdown entertainment area. (t) The Academy shall be in charge of the cleanup of the entertainment area. (g) 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. (h) 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 June 17, 2023 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 the City Manager shall also be submitted to the City Manager for further review and approval. (i) 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 2 wilmor 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. (j) 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, (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 Showdown, 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 Showdown, 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. 3 NW (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. 4. Term. This agreement shall be in force and effect until June 30, 2023. 5. Termination. The City Manager, after consultation with the Chief of Police and Fire Chief can terminate this agreement and the Showdown's celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. The Academy agree to deliver a report of its receipts and expenditures within ninety (90) days after the conclusion of the Showdown 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 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. 4 SIGNED AND AGREED TO on this day of A.D., 2023. LION HEARTED BOXING ACADEMY: CITY OF PORT ARTHUR: By: By: Calvin Shepherd, Jr. President Ron Burton, City Manager APPROVED AS TO FORM: By: Valecia Tizeno, City Attorney 5 ACKNOWLEDGEMENT 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 , 2023. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Calvin Shepherd, Jr., 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 , 2023. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 7 P.R. No. 22976 O1/10/23 jb Exhibit "B" DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 1/12/2023 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: The Buckner Company PHONE FAX 6550 S Millrock, Suite#300 (A/C.No.Ext): (A/C,No): Salt Lake City UT 84121 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:92480 INSURER A:State National Insurance Company, Inc. 12831 INSURED USABOXI-01 INSURER B: USA Boxing, Inc. 1 Olympic Plaza INSURER C: Colorado Springs CO 80909 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1123847749 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY OVE000001301 1/1/2023 1/1/2024 EACH OCCURRENCE $3,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY PRO X LOC JECT PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Part Legal Liab $1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage applies as respects the operations of USA Boxing and is contingent upon adherence with all rules and guidelines set forth by USA Boxing.Refer to Additional Insured Endorsement CG-GL-CW-0133(12/20). Sanctioned Event?ID: 183056 Category:Club Event LBC Tracking No: Sanctioned Event No:23-25-183056 Sanctioned Event Sanction Name:Juneteenth Showdown In Port Town II Sanctioned Event Dates:Saturday,Jun. 17,2023(8:00 AM)-Sunday,Jun.18,2023(12:00 AM) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur Recreation and Senior Citizen Center 1308 9th Ave. AUTHORIZED REPRESENTATIVE Port Arthur TX 77642 n ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: USABOXI-01 LOC#: ACCORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED The Buckner Company USA Boxing,Inc. 1 Olympic Plaza POLICY NUMBER Colorado Springs CO 80909 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Sponsor Club/LBC:LION HEARTED BOXING ACADEMY LBC:GULF ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER OVE-0000013-01 01/01/2023 USA Boxing, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS OWNERS AND/OR LESSORS OF PREMISES, SPONSORS OR CO-PROMOTERS This insurance modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any per- son(s) or organization(s) of the types indicated by an "x" in any boxes shown below, but only with respect to liability for"bodily injury,""property damage"or"personal and advertising injury" caused, in whole, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to an additional insured owner and/or lessor of premises, this insurance does not apply to: a. An "occurrence"or offense which takes place while you are not a tenant in possession of the subject premises. b. "Bodily injury" or"property damage"arising out of: (1) Structural alterations, new construction or demolition operations performed by or on behalf of the owner and/or lessor of premises; (2) Any design defect or structural maintenance of the premises; or (3) Any premises defect. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III—LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. CG-GL-CW-0133(12/20) Includes material copyrighted by ISO Properties, Inc.,with its permission. Page 1 of 2 P.R. No. 22976 01/10/23 jb Exhibit "C" r0 l ss.>) U C 4J I ' QJ w E w CHAIRS Official co as ti) co te/ m w I Dn U = W - (.9 O . _ N O CC co a a CC H CO CO U - nQ g = w m -J CO (/') SHIVHD Boa) 1-1- IA- L Q) o O y v, a) } v } -a U .t..) Q 00 C 'r Z.: v ob L 2. woo.a.sa):1 woo.a}sab v v) tra w aleVJ aiewa� W Lo a N