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HomeMy WebLinkAboutPR 22989: EXCLUSIVE CONCESSIONAIRE - BLACK HISTORY ALUMNI BASKETBALL TOURNAMENT et vg. AAAAAArrh�- 11� www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 30, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation RE: P.R. 22989—Exclusive Concessionaire-Black History Alumni Basketball Tournament Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22989 authorizing the City Manager to execute an agreement designating and establishing the 2023 Black History Month Alumni Basketball Tournament entertainment area and designating the Little Titans and Port Arthur Alumni Softball Group as exclusive concessionaire. Background: The Little Titans is an organization that focuses on teaching youth self-control, discipline and building confidence through football. The Port Arthur Alumni Softball Group's goal is to bring enjoyable events to the community and offer a platform for local businesses, where they can showcase their products and services. The two organizations desire to host a Black History Month Alumni Basketball Tournament on Saturday, February 19, 2023. This event will go towards league fees and equipment for the Little Titans. Remaining funds will go towards the 2023 Juneteenth Alumni week events. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No.22989 authorizing the City Manager to execute an agreement designating and establishing the 2023 Black History Month Alumni Basketball Tournament entertainment area and designating the Little Titans and 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. 22989 01/19/23 jb RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE BLACK HISTORY MONTH ALUMNI BASKETBALL TOURNAMENT ENTERTAINMENT AREA FOR 2023, DESIGNATING THE LITTLE TITANS AND THE PORT ARTHUR ALUMNI SOFTBALL GROUP AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS, the Little Titans and Port Arthur Alumni Softball Group are organizations, acting by and through Demond Fisher and Joseph Smith, that focuses on educating youth of the importance of maintaining self-control, discipline, exercise and competition; and, WHEREAS,the organizations are advocates for teaching the youth to believe in themselves and build confidence through various sports; and, WHEREAS,the Little Titans and Port Arthur Alumni Softball Group are 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 a Black History Month Alumni Basketball Tournament; and, WHEREAS, the City Council desires to promote The Black History Month Alumni Basketball Tournament as a means to stimulate business and commercial activity within the City; and, WHEREAS,the designation of the Little Titans and 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 Black History Month Alumni Basketball Tournament 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. Section 3. That the Little Titans and Port Arthur Alumni Softball Group is hereby designated as the exclusive concessionaire of The Black History Month Alumni Basketball Tournament. Section 4. That the City Manager is hereby authorized to execute an Agreement with the Little Titans and Port Arthur Alumni Softball Group,with said Agreement containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit"A". Pr P.R. No. 22989 O1/19/23 jb Section 5. That the Little Titans and Port Arthur Alumni Softball Group has provided a certificate of insurance coverage to the City as shown in Exhibit"B". 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 AP ROVED AS TO FORM: l Valecia R. T zeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager P.R. No. 22989 01/19/23 jb <----------C-- dA )--70074‘4cif Timothy D Ile, Police Chi4 ' /9-2,_____,------ Greg Benson, Fire Chief CL/vd1aLtTi ,U Chandra Alpough, Director of Parks and Recreation I i lik 04ni /4--e go a Compliance Manager U OJtiC7(') _..411,4 iiu Ju h Smith, Director of Health Department e erts, Director f ublic W t P.R. No. 22989 01/19/23 jb Exhibit "A" Fir AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE LITTLE TITANS AND PORT ARTHUR ALUMNI SOFTBALL GROUP THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Little Titans and Port Arthur Alumni Softball Group, by and through, Demond Fisher and Joseph Smith ("Titans/Alumni"). WITNESSETH: WHEREAS, the City and the Titans/Alumni, acting by and though, Demond Fisher and Joseph Smith, are requesting for the City's support in hosting the Black History Month Alumni Basketball Tournament at the Amos J. Evans Multi-Purpose Building; and, WHEREAS, the City and the Titans/Alumni 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 Black History Month Alumni Basketball Tournament herein referred to as "Tournament"activities; and, NOW, THEREFORE, it is hereby agreed that the City and the Titans/Alumni enter into this Agreement regarding said Tournament activities: 1. General Provisions. During the Tournament, the Titans/Alumni, shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public Basketball Tournament event and functions. 2. Duties of the Alumni. The Titans/Alumni does hereby agree to be responsible for the following activities in connection with the Tournament at its expense and the City does hereby delegate said responsibilities to the Titans/Alumni along with certain income or revenues associated therewith: (a) The Titans/Alumni shall recommend the area for such Tournament, subject to the approval and designation of the City Council. (b) The Titans/Alumni is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Tournament period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. 1 Vendors must obtain endorsement from the Titans/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 Titans/Alumni before conduction any business within the entertainment area. (c) The Titans/Alumni is authorized to charge the following fees for admission into the Basketball Tournament entertainment area; fee shall not exceed $5.00 per person on Saturday, February 19, 2023. (d) The Titans/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 Titans/Alumni shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (e) The Titans/Alumni shall provide trash barrels in the Basketball Tournament entertainment area. (f) The Titans/Alumni shall be in charge of the cleanup of the entertainment area. (g) The Titans/Alumni shall coordinate and enforce contracts with all temporary concessions in the Basketball Tournament's entertainment area, and the City shall have the right to approve or disapprove said concessions after Titans/Alumni approval. (h) The Titans/Alumni shall coordinate all Basketball Tournament activities, and shall, when necessary, secure special approval of the City. The Titans/Alumni shall submit a master/site plan to the City on or before February 18, 2023 of all activities to be undertaken as a part of the Basketball Tournament 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 Titans/Alumni shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Basketball Tournament, 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 Basketball Tournament. The policies must be endorsed to state that the coverage extended to the 2 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 injurytoperson and/or property damage per occurrence. The insurance p p Y g policy shall additionally provide contractual liability coverage for the Titans/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 Titans/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 Tournament. 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 Titans/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 Titans/Alumni obligation under this section. (j) The Titans/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 tournament, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Basketball Tournament entertainment area. 3 r 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Basketball Tournament, said expenses to be reimbursed by the Titans/Alumni. (a) Types and location of all temporary concession permits on public property within the Basketball Tournament's entertainment area shall be subject to the prior approval of the Titans/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 Titans/Alumni has first approved or proposed same. 4. Term. This agreement shall be in force and effect until February 28, 2023. 5. Termination. The City Manager, after consultation with the Chief of Police and Fire Chief can terminate this agreement and the Tournament for security concerns. 6. Financial Reporting and Settlement of Expenses. The Titans/Alumni agree to deliver a report of its receipts and expenditures within ninety (90) days after the conclusion of the Basketball Tournament subject to the Agreement. 7. Security. The Titans/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 Titans/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. 8. Alcohol. The Titans/Alumni 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 Tournament, 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 Basketball Tournament 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. LITTLE TITANS: CITY OF PORT ARTHUR: By: By: Demond Fisher Ron Burton, City Manager PORT ARTHUR ALUMNI SOFTBALL GROUP: By: Joseph Smith APPROVED AS TO FORM: By: Valecia Tizeno, City Attorney 5 • ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Demond Fisher, Little Titans 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 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Joseph Smith, Port Arthur Alumni Softball Group 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 6 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 7 110 Event Proposal BLACK HISTORY MONTH ALUMNI BASKETBALL TOURNAMENT Event Overview This event will be held on Feb. 19, 2023, in Port Arthur Tx. Our goal is to bring enjoyable events to the community and offer a platform to local businesses, where they can showcase their products and services. The event will be an opportunity for individuals to connect and communicate. This opens doors for future collaborations that will benefit the city. The Little Titans and Team Alumni will be hosting this event. All money raised will go towards the league fees and equipment for The Little Titans. Any extra funds or donations received will go towards the 2023 Juneteenth Alumni week events. The entry fee for this event is $5 per adult and free for kids. We will allow local food and retail vendors an opportunity to be a part of this event. All local non-profit Organizations are welcomed to volunteer and help this event be a huge success. Contacts: Demond Fisher Joseph Smith Ash Garner 409-498-0916 409-351-7427 832-560-7048 P.R. No. 22989 01/19/23 jb Exhibit "B" ® DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 01/24/2023 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 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: Eventsured Customer Service ONE Foresite Sports,Inc. (A/CC.No,Ext): 888-882-5902 FAX No): DBA:Eventsured ADDRESS: info@eventsured.com 24 S.Newtown Street Road INSURER(S)AFFORDING COVERAGE NAIC# Newtown Square,PA 19073 INSURER A: Houston Casualty Company 42374 INSURED INSURER B: Alumni exc INSURER C: Joseph Smith INSURER D: 4001 memorial Blvd INSURER E: Port Arthur,TX 77642 INSURER F: COVERAGES CERTIFICATE NUMBER: TM268559 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 ADDLTYPE OF INSURANCE SUER POLICY NUMBER (MM/DDPOLICY/Y POLICY EFF LTR INSR YYY) (MM INSR WVD DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 1,000 A X Y H22SE00130/TM268559 02/19/2023 02/20/2023 PERSONAL&ADVINJURY $ 1,000,000 12:01AM 2:01AM GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 51 POLICY PRO- JECT LOC DEDUCTIBLE $ 0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 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 (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insureds must be venue managers or municipalities and are added with respect to our insuredt operations only.Waiver of Subrogation(WOS)and Primary&Non-Contributory(PNC)wording applies only when coverage is purchased by the insured,required by written contract and as indicated below.This coverage is with respect to the Basketball Tournament/Event to be held on 02/19/2023-02/19/2023 with 40 attendees at Port Arthur Rec 1308 9th ave Port Arthur,TX 77642.Additional Insureds include:Port Arthur Rec 1308 9th ave Port Arthur,TX 77642;Johnny brown. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Port Arthur THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1308 9th Ave. Port Arthur,TX 77642 AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P.R. No. 22989 O1/19/23 jb Exhibit "C" A a 0 , c -� roc► m cr co A c 0 fD 3 w o 0 c � ig F c W r. rr r 0 A A t tD Q tD d fD C. 01 A 0 C , N cr 0 Q tD CD � � 0 A A CD fD 0 _