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HomeMy WebLinkAboutPR 23181: PROFESSIONAL DISC GOLF ASSOCIATION - FLEX SHOT TOURNAMENT rthur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 21, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: George Davis, Director of Pleasure Island RE: P.R. 23181 —Exclusive Concessionaire-Professional Disc Golf Association- Flex Shot Island Warm-Up Tournament Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 23181 authorizing the City Manager to execute an agreement designating and establishing the Flex Shot Island Warm-Up Tournament area and designating the Professional Disc Golf Association as exclusive concessionaire. Background: The Professional Disc Golf Association is a group of individuals who are focused on attracting visitors and encouraging tourism on Pleasure Island. This organization wants to host a disc golf tournament at The Island Disc Golf Course on Saturday, September 9, 2023. This event will have vendors and will be open tp those who have registered. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R. No. 230181 authorizing the City Manager to execute an agreement designating and establishing the Flex Shot Island Warm-Up Tournament area and designating the Professional Disc Golf Association 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. 23181 08/21/23 GD RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE FLEX SHOT ISLAND WARM-UP TOURNAMENT AREA, DESIGNATING THE PROFESSIONAL DISG GOLF ASSOCIATION AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS,the Professional Disc Golf Association is an organization,acting by and through its Tournament Director,Marc Reed,that focuses on providing upper and lower body conditioning, aerobic exercise and mental stimulation; and, WHEREAS, the organization is an advocate for the resurgence of the disc golf course on Pleasure Island; and, WHEREAS,the Professional Disc Golf Association is hereby requesting the City Council's approval of the utilization of the Island Disc Golf Course, located at 700 West T.B. Ellison Pkwy, Port Arthur, Texas, for the Flex Shot Island Warm-Up Tournament; and, WHEREAS,the City Council desires to promote the Flex Shot Island Warm-Up Tournament as a means to attract visitors and encourage tourism on Pleasure Island; and, WHEREAS, the designation of the Professional Disc Golf Association as an 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 Professional Disc Golf Association,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 Professional Disc Golf Association is hereby designated as the exclusive concessionaire of the Flex Shot Island Warm-Up Tournament. Section 4. That the Professional Disc Golf Association 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 tournament area for the Flex Shot Island Warm-Up Tournament to be that certain area known as the Island Disc Golf Course, located at 700 West T.B. Ellison Pkwy, Port Arthur, Texas and surrounding areas as depicted and described in Exhibit "C" attached hereto and made a part hereof. P.R. No. 23181 08/21/23 GD 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 APPROV D AS TO • Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager i P.R. No. 23181 • 08/21/23 GD Timothy Dui' o, Police Chief s..."(d) Greg Benson, Fire Ch. f George Davis (( Director of Pleasure Island ) / /1411dc Darlene Thomas Pierre, Ion be j,a/P crill) Code Compliance Manager 041.u d.Ctiv 312,114) Jficlith Smith, Director of Health Department P h 411 (._ ; e e ' i berts, Direct; Public o P.R. No. 23181 08/21/23 GD Exhibit "A" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE PROFESSIONAL DISC GOLF ASSOCIATION THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and the Professional Disc Golf Association, by and through its Tournament Director, Marc Reed ("Association"). WITNESSETH: WHEREAS, the City and the Association, by and through its Tournament Director, Marc Reed, are requesting the City's support in hosting the Flex Shot Island Warm-Up at The Island Disc Golf Course on Pleasure Island; and, WHEREAS, it is necessary for the City and the Association 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 Flex Shot Island Warm-Up herein referred to as "Tournament" activities; and, NOW, THEREFORE, it is hereby agreed that the City and the Association enter into this Agreement regarding said Tournament activities: 1. General Provisions. During the Tournament, the Association, shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public Disc Golf events and functions. 2. Duties of the Association. The Association 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 Association along with certain income or revenues associated therewith: (a) The Association shall recommend the area for such Tournament, subject to the approval and designation of the City Council. (b) The Association is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the tournament area during the Tournament period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from the Association before obtaining a vendor permit from the City if one is required. If a City vendor permit is not 1 required, then vendors must obtain permission from the Association before conducting any business within the tournament area. (c) The Association is authorized to charge the following not to exceed fees for registration into the Tournament's area on Saturday, September 9, 2023: • $40.00 per person that is a professional; • $25.00 per person for those that are amateurs; and • $25.00 per person for those that are juniors. (d) The Association, if applicable, is responsible for arranging the tournament area for participants, registration for the event, and obtaining clearances and approval from the City Council when required to accomplish particular tasks. The Association shall be entitled to all revenues except as otherwise herein expressly provided from the tournament area. (e) The Association shall provide trash bags in the tournament area. (f) The Association shall be in charge of the cleanup of the tournament area. (g) The Association shall coordinate and enforce contracts with all temporary concessions in the tournament area, and the City shall have the right to approve or disapprove said concessions after Association approval. (h) The Association shall coordinate all Tournament activities, and shall, when necessary, secure special approval of the City. The Association shall submit a master/site plan to the City for all activities to be undertaken as a part of the Tournament's festivities, including the activities, concessions and location of the tentative tournament 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 Association shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the 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 Tournament. 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 the death of or injury to 2 person and/or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for the Association 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 Association. 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 Association 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 Association's obligations under this section. 0) The Association 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, basket, pavilion or other type of structure on the Tournament's area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Tournament, said expenses are to be reimbursed by the Association. (a) Types and location of all temporary concession permits on public property within the Tournament's area shall be subject to the prior approval of the Association. 3 (b) The City shall be responsible for approving or disapproving all banners, signage and advertisements to be installed on and/or around the City's property and right-of-way(s) after the Association has first approved or proposed same. 4. Term. This agreement shall be in force and effect until September 12, 2023. 5. Termination. The City Manager, after consultation with the Chief of Police and Fire Chief, can terminate this agreement and the Tournament's celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. The Association agrees to deliver a report of its receipts and expenditures within ninety (90) days after the conclusion of the Tournament subject to the Agreement. 7. Security. The Association 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 Association 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 Association will not be authorized to sell and/or consume alcohol in the tournament 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 Tournament's 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. PROFESSIONAL DISC GOLF CITY OF PORT ARTHUR: ASSOCIATION: By: By: Marc Reed, Tournament Director Ron Burton, City Manager APPROVED AS TO FORM: By: Valecia Tizeno, City Attorney 5 ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Marc Reed, Tournament Director of the Professional Disc Golf Association 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 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 7 P.R. No. 23181 08/21/23 GD Exhibit "B" A ORO® DATE CERTIFICATE OF LIABILITY INSURANCE C 01/05/2023 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 Kimberly Kennedy,CIC,CISR NAME: Montgomery Insurance Services Inc. PHONEN Extl: (610)565-8280 FAX No): (610)565-9685 330 West State Street E-MAIL kkennedy@montgomeryinsurance.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Media PA 19063 INSURER A: Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B: Property&Casualty Insurance Company of Hartford 34690 Professional Disc Golf Association INSURER C: United States Fire Insurance Company 21113 3828 Dogwood Lane INSURER D: INSURER E: Appling GA 30802 INSURER F: COVERAGES CERTIFICATE NUMBER: '23 Master 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000.000 DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Includes Athletic Participants MED EXP(Any one person) $ 0 A PHPK2498659 01/01/2023 01/01/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY OTHER: $ 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) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4'000'000 A EXCESS LIAB CLAIMS-MADE PHUB844249 01/01/2023 01/01/2024 AGGREGATE $ 4,000,000 DED X RETENTION$ 10'000 $ WORKERS COMPENSATION X STATUTE EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 B OFFICER MEMBER EXCLUDED? N/A 39WECAO1126 09/06/2022 09/06/2023 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , Accident Coverage C US1674456 01/01/2023 01/01/2024 Accidental Death S10,000 Max Medical Benefit S25,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Evidence of Coverage ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /_ ,k,r 1 , ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD P.R. No. 23181 08/21/23 GD Exhibit "C" 0 CC) _ all M • Ca + t-i- 13 (./) 13 ii), (5• E--) (D < (i) 0 . sv - E w fi ..-+.. fi; 2. ,, t iz fl 'n _ • ,,,, • ii • . )4 , )111. i • ..f..., * , . . 0 1,1 It. .A A e , , 4it Pr 71.