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HomeMy WebLinkAboutPR 23171: EXCLUSIVE CONCESSIONAIRE-WILLIE CARTER OUTREACH CENTER-JUNETEENTH FESTIVITIES 7r. www.Po rtA rt h u rTx.gov INTEROFFICE MEMORANDUM Date: May 12, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation O!/l� RE: P.R. 23171 —Exclusive Concessionaire-Willie Carter Outreach Center - Juneteenth Festivities Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 23171 authorizing the City Manager to execute an agreement designating and establishing the 2023 Juneteenth Festivities entertainment area and designating the Willie Carter Outreach Center as exclusive concessionaire. Background: The Willie Carter Outreach Center 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 day of festivities at Barbara Jacket Park on Monday, June 19, 2023. This event will have vendors and be open to the public. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No. 23171 authorizing the City Manager to execute an agreement designating and establishing the 2023 Juneteenth Festivities entertainment area and designating the Willie Carter Outreach Center 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.23171 05/12/2023 ca RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE 2023 JUNETEENTH FESTIVITIES, DESIGNATING THE WILLIE CARTER OUTREACH CENTER AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS,the Willie Carter Outreach Center, is an organization, acting by and through Johnny Hulin, 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 an event to stimulate business and bring awareness to Juneteenth in the City of Port Arthur; and, WHEREAS,the Willie Carter Outreach Center is hereby requesting City Council's approval to utilize Barbara Jacket Park and the surrounding areas for Juneteenth Festivities; and, WHEREAS,the City Council desires to promote the Juneteenth Festivities as a means to stimulate business and commercial activity within the City; and, WHEREAS, the designation of the Willie Carter Outreach Center 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 Willie Carter Outreach Center is hereby designated as the exclusive concessionaire of the Juneteenth Festivities. Section 3. That the City Manager is hereby authorized to execute an Agreement with the Willie Carter Outreach Center, 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 Willie Carter Outreach Center 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 Festivities to be that certain area known as Barbara Jacket 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. P.R. No. 23171 05/12/2023 ca 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 • TO FORM: alecia R. Tize-o, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager P.R.No. 23171 05/12/2023 ca Q `� - � Timothy D riso, 1 -J� -sic + iOW Police Ch f G eg Benso , Fire Chief Olt.6VndtaC COPVIL Chandra Alpough, Director of Parks and Recreation I i f . _`l. i/A III . I II tIh>7''ene homas Pierre, e i de Compliance Manager U �ll J th Smith, Director of Health Department !/ IAI ozel e ' • ,,erts, Director i 'ublic or P.R. No. 23171 05/12/2023 ca Exhibit "A" EXCLUSIVE CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE WILLIE CARTER OUTREACH CENTER THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and The Willie Carter Outreach Center, acting by and through, Johnny Hulin, herein referred to as "The Outreach". WITNESSETH: WHEREAS, the City and The Outreach, acting by and though, Johnny Hulin is requesting for the City's support in hosting the 2023 Juneteenth Festivities at Barbara Jacket Park; and, WHEREAS, it is necessary for the City and The Outreach 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 Outreach enter into this Agreement regarding said Event activities: 1. General Provisions. During the Event, The Outreach shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule public Juneteenth Festivities event and functions. 2. Duties of the Outreach. The Outreach 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 Outreach. (a) The Outreach shall recommend the area for such Event, subject to the approval and designation of the City Council. (b) The Outreach is hereby appointed to coordinate 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 Outreach 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 Outreach before conducting any business within the entertainment area. 1 (c) The Outreach is not authorized to charge a fee for admission into the Event's entertainment area; fee shall not exceed $0.00 per person on Monday, June 19, 2023. (d) The Outreach, 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 Outreach, if applicable, agrees to arrange for fencing the entertainment area, and the City shall approve the area in which The Outreach intends to fence. The Outreach 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 Outreach agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) The Outreach 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 Outreach 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 Outreach shall be in charge of the cleanup of the entertainment area. (j) The Outreach 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 Outreach approval. (k) The Outreach shall coordinate all Event activities, and shall, when necessary, secure special approval of the City. The Outreach 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 Outreach shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Event, 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 Outreach 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 Outreach. 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 Outreach 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 Outreach's obligation under this section. (m) The Outreach 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 Outreach. (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 Outreach. (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 Outreach 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 Outreach has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after The Outreach has first approved or proposed same. 4. Term. This agreement shall be in force and effect from June 19—June 21, 2023. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Event's celebration for security concerns or other logistical. 6. Financial Reporting and Settlement of Expenses. The Outreach 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 Outreach 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 Outreach 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. If approved and permitted by Texas Alcohol and Beverage Commission (TABC), the City may authorize The Outreach 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 WILLIE CARTER OUTREACH CENTER CITY OF PORT ARTHUR: By: By: Johnny Hulin 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 Johnny Hulin, Willie Carter Outreach Center 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. 23171 05/12/2023 ca Exhibit "B" DATE(MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE 05/16/2023 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 Will Maddux NAME: East Main Street Insurance Services,Inc. PHONE(A/C,No.Ext): ( 305 477-6521 FAX ) (A/C,No): Will Maddux ADDRESS: info@theeventhelper.com PO Box 1298 INSURER(S)AFFORDING COVERAGE NAIC# Grass Valley CA 95945 INSURER A: Evanston Insurance Company 35378 INSURED INSURER B: Willie Carter Outreach Center INSURER C: do Johnny Hulin INSURER D: 548 W 11 th St INSURER E: Port Arthur TX 77640 INSURER F: COVERAGES CERTIFICATE NUMBER: 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. IN SR R TYPE OF INSURANCE ADDL SUER POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS LTR INSD WVD XCOMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISESO(EaEoccurrrrence) $ 100,000 Host Liquor Liability MED EXP(Any one person) $ 5,000 A Retail Liquor Liability Y N 3DS5474-M3655403 06/19/2023 06/20/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 12:01 AM 12:01 AM GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Deductible $ 1,000 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 Y/N 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) Certificate holder listed below is named as additional insured per attached MEGL 2217 01 19.Attendance:400,Event Type: Festival&Cultural Event-Indoor and/or Outdoor.Event Location:Barbara Jacket Park,Port Arthur,TX 77640 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. City of Port Arthur AUTHORIZED REPRESENTATIVE l , t'r 444 4th St �� //6 Port Arthur TX 77640 �' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3DS5474-M3655403 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Port Arthur 444 4th St Port Arthur, TX 77640 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the acts or omissions of any insured listed under Paragraph 1. or 2. of Section II — Who Is An Insured: 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. MEGL 2217 01 19 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 with its permission. 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. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 2217 01 19 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission. P.R. No. 23171 05/12/2023 ca Exhibit "C" z �� o N� re c Gi/ha . ti 44, co Barhao m jacket Pik9 `' 9 Fat7t+1` .‹.. .- -is .„).,,,_ .,... %.„... ,,,., ,... Ir 3 .£ rl''''� ' M Water Park , ,, to o ,':,•-•S „. _ s c SGf �i co C