HomeMy WebLinkAboutPR 23169: EXCLUSTIVE CONCESSIONAIRE-PORT ARTHUR ALUMNI SOFTBALL GROUP-JUNETEENTH SOFT BALL TOURNAMENT www.Po rtA rth u rTx.gov
INTEROFFICE MEMORANDUM
Date: May 11, 2023
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Chandra Alpough, Director of Parks and Recreation W _
RE: P.R. 23169—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. 23169
authorizing the City Manager to execute an agreement designating and establishing the 2023
Juneteenth Alumni Event Activities entertainment area and designating the 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 17, 2023. 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. 23169 authorizing the City Manager
to execute an agreement designating and establishing the 2023 Juneteenth Alumni Event
Activities entertainment area and designating the 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. 23169
05/11/2023 ca
RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE 2023
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 Joseph Smith, 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 Port Arthur Alumni Softball Group is hereby designated as the exclusive
concessionaire of the Juneteenth Alumni Softball Tournament.
Section 3. 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 4. That the Port Arthur Alumni Softball Group 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
Juneteenth Alumni Softball Tournament to be that certain area known as the softball fields at SSgt.
P.R. No. 23169
05/11/2023 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 ,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
APPROVED A TO FORM:
Valecia R. e o,
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
P.R. No. 23169
05/11/2023 ca
------- - lif
ij C-)41-2ifne
Timo y D iso, V
Police Chi
Greg Benson, 4- -...--
Fire Chief
Chandra Alpough,
Director of Parks and Recreation
e Thomas Pi rre,
de Compliance Manager
cLidatbjnviki
Judah Smith,
Director of Health Department
4W7/ I
e '• ' ,erts,
Director Public , ks
P.R. No. 23169
05/11/2023 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, Joseph
Smith,herein referred to as "The Alumni".
WITNESSETH:
WHEREAS, the City and The Alumni, acting by and though, Joseph Smith is
requesting for the City's support in hosting the 2023 Juneteenth Softball Tournament and
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
2023 Juneteenth Festivities 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 all public Juneteenth
Festivities event and functions.
2. Duties of the Alumni. 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 along with certain income or
revenues associated therewith:
(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 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 Alumni before obtaining a vendor permit
from the City, if one is required. If a City vendor permit is not required,
1
Pr
then vendors must obtain permission from The Alumni before conducting
any business within the entertainment area.
(c) The Alumni 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, June
17, 2023.
(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 all Event activities, and shall, when necessary,
secure special approval of the City. The Alumni 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 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
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
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 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—20, 2023.
5. Termination. The City Manager, after consultation with the Chief of Police and
Fire Chief can terminate this agreement and the Event's celebration for security
concerns or other logistical.
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
4
PP-
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. 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 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.
THE ALUMNI: CITY OF PORT ARTHUR:
By: By:
Joseph Smith 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
Joseph Smith, 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 , 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. 23169
05/11/2023 ca
Exhibit "B"
AC_Y)IKt) CERTIFICATE OF LIABILITY INSURANCE DATE(MMOMYYYYj
05.'01,2023
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 cONIACT Eventsured Customer Service
NAME
PHNE Foresite Sports, Inc ,Ac Na�tf_ 888-882-5902 �FAX
lira:
DBA:Eventsured E MAIL no evensure .com
ADDRESS if t d
� .
24 S.Newtown Street Road INSURERS)AFFORDING COVERAGE NAIC
Newtown Square,PA 19073 INSURER A: Houston Casualty Company 42374
INSURED INSURER B
INSURER C
Joseph Smith INSURER 0•
4001 memorial Blvd INSURER E
Port Arthur.TX 77642 INSURER F
COVERAGES CERTIFICATE NUMBER: TM282029 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 ADDLBU POLICY EFF POLICY EXP LIMITS
LTt [nice
wve POLICY NUMBER ( IDOIYYYYI IMM(ODlYYYYf
GENERAL LIABILITY EACH OCCURRENCE S 1.000.000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
.__ TBENI €SJEa ocwrrertal _S 100,000
1 CLAIMS-MADE (X]OCCUR MED EXP iAn?r one person) S 1,000
A XI H22SE00130fTM282029 06/1712023 06/18/2023 PERSONAL&AOV INJURY S 1,000,000
-... 12.01AM 10'AM _�...
_..- .._. -_... GENERAL AGGRLGAIL S 2,000,000
GENE AGGREGATE LIMIT APPLIES PER: PRODUC15.COMP+OP AGO. S 1,000,000
X;POLICY I. ..�PERO �LOC DEDUCTIBLE S0
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO BODILY INJURY(Per per;.uny $
ALL OWNED SCHEDULED BODILY INJURY(Per accadarlp S
--,AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE S
HIRED AUTOS AUTOS JPniSrsaderlU.
S
UMBRELLA LIAB OCCUR i!i EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE s AGGREGATE S
LIL_ RETENTIONS S
WORKERS COMPENSATION i TORY T BITS OTTH
AND EMPLOYERS'LIABILITY YIN ER
-`
ANY PROPRIE TOR'PARINEIGEXECUTIVE EL.EACH ACCIDENT S
OFFICERIMEMBEREXCLUDED? N+A
I(Mandatoty in NII) E.L.DISEASE-EA EMPLOYEE $
It yes,describe under
DESCRIPTION OF OPERATIONS bele* Et DISEASE-POLICY LIMIT_$
DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more apace is required)
Additional Insureds must be venue managers or municipalities and are added with respect to our insureds 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 Softball Tournament/Event to be held on 06/17/2023-06/17/2023 with 200 attendees at City of port Arthur 444 4th street Port
Arthur.TX 77642.
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
444 4th Street ACCORDANCE WITH THE POLICY PROVISIONS.
Port Arthur TX,77642 AUTHORIZED REPRESENTATIVE
I
ACORD 25(2010/05) )1988-2010 ACORD CORPORATION. Ail rights reserved.
The ACORD name and logo are registered marks of ACORD
P.R. No. 23169
05/11/2023 ca
Exhibit "C"
•
•
az
�.; d
tf 5 +
y * f p Q U-
t 2
Fie
•
fO�j
ts
t
• , ,,
4 ,