Loading...
HomeMy WebLinkAboutPR 23016: EXCLUSIVE CONCESSIONAIRE-LAKESHORE LODGE #256 F&AM, EASTER EGG HUNT AND TOY GIVEAWAY www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 3, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation RE: P.R. 23016—Exclusive Concessionaire-Lakeshore Lodge#256 F&AM— Lakeshore Lodge Easter Egg Hunt and Toy Giveaway Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 23016 authorizing the City Manager to execute an agreement designating and establishing the Lakeshore Lodge Easter Egg Hunt and Toy Giveaway entertainment area designating Lakeshore Lodge#256 F&AM as exclusive concessionaire. Background: Lakeshore Lodge #256 F&AM is an organization who are focused on supporting positive activities in the City of Port Arthur. This organization wants to host an Easter Egg Hunt and Toy Giveaway at Barbara Jacket Park on Saturday, April 8, 2023. This event will have food vendors and will be open to the public. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R. No23016 authorizing the City Manager to execute an agreement designating and establishing the Lakeshore Lodge Easter Egg Hunt and Toy Giveaway entertainment area designating Lakeshore Lodge#256 F&AM 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. 23016 03/03/23 ca RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE LAKESHORE LODGE EASTER EGG HUNT AND TOY GIVEAWAY, DESIGNATING LAKESHORE LODGE #256 F&AM AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS,the Lakeshore Lodge#256 F&AM,is an organization,acting by and through Martin Charles,Jr.,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 Lakeshore Lodge #256 F&AM is hereby requesting City Council's approval to utilize Barbara Jacket Park and the surrounding areas for the Lakeshore Lodge Easter Egg Hunt and Toy Giveaway; and, WHEREAS, the City Council desires to promote the Lakeshore Lodge #256 Easter Egg Hunt and Toy Giveaway as a means to stimulate business and commercial activity within the City; and, WHEREAS, the designation of the Lakeshore Lodge #256 F&AM 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 Lakeshore Lodge#26 F&AM,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 Lakeshore Lodge #256 F&AM is hereby designated as the exclusive concessionaire of the Lakeshore Lodge Easter Egg Hunt and Toy Drive. Section 4. That the Lakeshore Lodge#256 F&AM has provided a certificate of insurance coverage to the City as attached hereto as Exhibit "B". Section 5. That the City Council designates and establishes the entertainment area for the Lakeshore Lodge Easter Egg Hunt and Toy Drive to be that certain area known as Barbara Jacket P.R. No. 23016 03/03/23 ca Park and surrounding areas as depicted and described as 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 ,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: ()did Av‘i /0L4146f alecia R. i zeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager P.R. No. 23016 L.---"/ -- )3- 1_ )42 03/03/23 ca Timothy Duris el S iP ri Police Chief Greg Benson, fr- Fire Chief JAW/16W_ Chandra Alpough, Director of Parks and Recreation Darlene Thomas Pierre, Code Compliance Manager UCH ,LVYUdt) Juth Smith, Director of Health Department zelle R erts, Director f ublic Wo P.R. No. 23016 03/03/23 ca Exhibit "A" February 28, 2023 On April 8, 2023 from 3:oo pm to Too pm the Lakeshore Lodge #256, Free and Accepted Mason will be hosting an Easter Egg Hunt, Fundraiser Drive for scholarship program and a toy giveaway. The event is free to the public. Food will be sold and will benefit the youth of Port Arthur. Sincerely, Martin Charles, Jr. Event Organizer EXCLUSIVE CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND LAKESHORE LODGE #256 F&AM THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Lakeshore Lodge #256 F&AM, acting by and through, Martin Charles, Jr. "The Lodge". WITNESSETH: WHEREAS, the City and The Lodge, acting by and though, Martin Charles, Jr. is requesting for the City's support in hosting the Lakeshore Lodge Easter Egg Hunt and Toy Giveaway at Barbara Jacket Park; and, WHEREAS, it is necessary for the City and The Lodge 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 Lakeshore Lodge Easter Egg Hunt and Toy Drive referred to as "Hunt" activities; and, NOW, THEREFORE, it is hereby agreed that the City and The Lodge enter into this Agreement regarding said Event activities: 1. General Provisions. During the Hunt, The Lodge shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public Lakeshore Lodge Easter Egg Hunt and Toy Drive events and functions. 2. Duties of the Lodge. The Lodge does hereby agree to be responsible for the following activities in connection with the Hunt at its expense and the City does hereby delegate said responsibilities to The Lodge along with certain income or revenues associated therewith: (a) The Lodge shall recommend the area for such Hunt, subject to the approval and designation of the City Council. (b) The Lodge is hereby appointed to coordinate all 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 Lodge before obtaining a vendor permit from the City, if one is required. If a City vendor permit is not required, then vendors 1 must obtain permission from The Lodge before conducting any business within the entertainment area. (c) The Lodge is authorized not to charge a fee for admission into the Event's entertainment area; fee shall not exceed $0.00 per person on Saturday, April 8, 2023. (d) The Lodge, 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 Lodge, if applicable, agrees to arrange for fencing the entertainment area, and the City shall approve the area in which The Lodge intends to fence. The Lodge 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 Lodge agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) The Lodge 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 Lodge shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) The Lodge 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 Lodge shall provide trash barrels in the Event entertainment area. (i) The Lodge shall be in charge of the cleanup of the entertainment area. (j) The Lodge 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 Lodge approval. (k) The Lodge shall coordinate all Event activities, and shall, when necessary, secure special approval of the City. The Lodge shall submit a master/site plan to the City of all 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. 2 (1) The Lodge shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Hunt, 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 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 Lodge 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 Lodge. 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 Lodge, 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 Lodge's obligation under this section. (m) The Lodge 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 Event, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Hunt'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 Lodge. (a) Types and location of all temporary concession permits on public property within the Hunt's entertainment area shall be subject to the prior approval of The Lodge. (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 Lodge 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 Hunt activities occurring or taking place on City streets, alleys, and rights-of-way after The Lodge has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after The Lodge has first approved or proposed same. 4. Term. This agreement shall be in force and effect until April 30, 2023. 5. Termination. The City Manager, after consultation with the Chief of Police and Fire Chief can terminate this agreement and the Hunt's celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. The Lodge agree to deliver to a report of its receipts and expenditures of the Hunt within ninety (90) days after the conclusion of the Lakeshore Lodge Easter Egg Hunt and Toy Giveaway subject to the Agreement. 7. Security. The Lodge 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 Lodge 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 Lodge 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 Hunt, 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 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., 2023. LAKESHORE LODGE#256 F&AM: CITY OF PORT ARTHUR: By: By: Martin Charles, Jr. 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 Martin Charles, Jr., Lakeshore Lodge #256 F&AM 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 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 , 2023. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 P.R. No. 23016 03/03/23 ca Exhibit "B" CERTIFICATE OF LIABILITY INSURANCE ISSUE DATE(MM/DD/YYYY) 03/06/2023 PRODUCER 800-236-4252 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MARKEL SERVICE INCORPORATED HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR P 0 BOX 906 NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF PEWAUKEE, WI 53072-0906 INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. INSURED Event Date: 04/08/2023 INSURERS AFFORDING COVERAGE LAKESHORE LODGE #256 INSURER A: Markel American Insurance Company MARTIN CHARLES 3222 14TH STREET HONOREE(S) Port Arthur, TX 77642 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ABOVE NAMED INSURED FOR THE POLICY PERIOC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OF 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. POLICY POLICY INSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR DATE DATE (MM/DD/YYYY)(MM/DD/YYYY) A GENERAL LIABILITY MEL00000707995 04/08/2023 04/08/2023 EACH OCCURRENCE $1,000,000 • GENERAL LIABILITY FIRE DAMAGE (Any one fire) $1,000,000 ❑ CLAIMS MADE ® OCCUR MED EXP (Any one person) Excluded ❑ HOST LIQUOR INCL. PERSONAL INJURY $1,000,000 I TPPD GENERAL AGGREGATE $1,000.000 GENERAL AGGREGATE LIMIT DAMAGE TO RNTD PROP $1,000,000 APPLIES PER: • POLICY ❑PROJECT ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ❑ ANY AUTO (Each Accident) ❑ ALL OWNED AUTOS BODILY INJURY ❑ SCHEDULED AUTOS (Per Person) El HIRED AUTOS BODILY INJURY (Per Accident ❑ NON-OWNED AUTOS PROPERTY DAMAGE ❑ (Per Accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ❑ ANY AUTO OTHER THAN EA ACC ❑ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE ❑ OCCUR CLAIMS MADE AGGREGATE ❑ DEDUCTIBLE ❑ RETENTION $ WORKERS COMPENSATION AND WC STATU OTHER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMT OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The Certificate Holder is included as an insured under the Hosting Facility Liability Coverage, but only in respects to claims arising out of the negligence of the Named Insured. If the event continues past 12:00 a.m., at the location named on Declarations Page, such continuation shall be considered as the event date. Event includes set up and break down and the scheduled rehearsal or rehearsal dinner scheduled within 48 hours of the event if the event is a wedding. Set up and break down means decoration and removal of decoration at the event location that occurs no more than 24 hours prior to the event and 24 hours after the event. CERTIFICATE HOLDER CANCELLATION CITY OF PORT ARTHUR SHOULD ANY OF THE ABOVE DESCRIBED BARBARA JACKET PARK POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL 200 GILLIAM CIRCLE BE DELIVERED NEACCORDANCEE WITH THE POLICY PROVISIONS. Port Arthur TX 77642 AUTHORIZED REPRESENTATIVE E V 500-0810 <� P.R. No. 23016 03/03/23 ca Exhibit "C" u ' , a. -.-) \ /- \ 7-1 i ./ --n l'A3 - ,, fi- , , 0 ,„ \ \c