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HomeMy WebLinkAboutPR 23689: EXCLUSIVE CONCESSIONAIRE - 2ND ANNUAL CLASSICS AT THE PAVILION Furl' rn 0, rth 7"; www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 24, 2024 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation MIL. RE: P.R. 23689—Exclusive Concessionaire-2"d Annual Classics at the Pavilion Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 23689 authorizing the City Manager to execute an agreement establishing a special event known as the 2"d Annual Classics at the Pavilion, designating the Downtown Pavilion as the entertainment area, naming JaMarcus Davis as the exclusive concessionaire. Background: JaMarcus Davis is wanting to host a car show known as the 2"d Annual Classics at the Pavilion scheduled for May 4, 2024. This event is designed to stimulate businesses and the economy in the city through entertainment activities and vendors. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No. 23689 authorizing the City Manager to execute an agreement establishing a special event known as the 2"d Annual Classics at the Pavilion, designating the Downtown Pavilion as the entertainment area, naming JaMarcus Davis as the 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.23629 2/15/2024 jb/ht RESOLUTION NO. A RESOLUTION ESTABLISHING A SPECIAL EVENT KNOWN AS THE 2ND ANNUAL CLASSICS AT THE PAVILION, DESIGNATING THE DOWNTOWN PAVILION AS THE ENTERTAINMENT AREA, NAMING JAMARCUS DAVIS AS THE EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE ESTABLISHED EVENT AS PROVIDED IN CHAPTER 90 (SPECIAL EVENTS) OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES WHEREAS,JaMarcus Davis,organizer of the 2nd Annual Classics at Pavilion,acting by and has expressed intentions of hosting Car Show in the community as delineated in Exhibit"A"; and, WHEREAS,JaMarcus Davis is hereby requesting the City Council's approval to utilize and designate the Downtown Pavilion located at 500 Procter Street as the entertainment area for the 2nd Annual Classics at the Pavilion special Event; and, WHEREAS,pursuant to Chapter 90(Special Events),Article I(In General),Section 90-lof the Code of Ordinances, the City Council desires to promote the special event as a means to encourage activities that benefit the City,stimulate economic growth,and provide a vibrant,active community for all citizens; and, WHEREAS,the designation of JaMarcus Davis 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 hereby establish the special event known as the 2nd Annual Classics at the Pavilion and designate the Downtown Pavilion as the entertainment area. Section 3. That JaMarcus Davis is hereby named the exclusive concessionaire for the 2nd Annual Classics at the Pavilion as provided in Section 90-10 of the Code of Ordinances. Section 4. That the City Manager is hereby authorized to execute an Agreement with JaMarcus Davis containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit"B". Section 5. That has provided a certificate of insurance coverage to the City as shown in Exhibit"C". P.R. No. 23689 3/26/2024 jb 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 ,2024 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 AS TO FO • M. Black t im City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, CPM City Manager P.R. No. 23689 3/26/2024 jb Timothy uriso Police ief Greg Benson Fire Chief Chandra Alpough, CPM Director of Parks and Recreation ar ne Thomas Pie , CPM o e Compliance Manager d.4ly JudMa Smith Director of Health De artment ozelle oberts, Direct r f Publi orks P.R. No. 23689 3/26/2024 jb Exhibit "A" Proposal Letter for Car Show Title of Event: 2nd Annual Classics at the Pavilion Type of Event: Car Show for Vintage/ Classic Vehicles Date and Time: May 4th, 2024 at 5:00 pm to 9:00 pm Location: 522 Procter St., Port Arthur, TX at Downtown Pavilion Dear Port Arthur City council, I'm writing this proposal letter in reference to getting approval for a Car Show. The car show is being held to bring entertainment to the community. Also it will encourage socializing for our Port Arthur citizens within our community. This will be our second car show at the Pavilion. Last year show was successful with a great turnout from the citizens without any incident. We plan to start having an annually car show for the city each year. The show is FREE to the public. This is a family orientated event with several free activities for the children. No alcoholic beverages will be allowed on the premises. There will be off duty security by the Port Arthur Police Department (2 officers). There will be 2 food vendors that will be charged a small fee of $100 to reserve their spots. The vendors will all have to get permits and inspections through the Port Arthur Health Department the day of the event. Event insurance will also be purchased. There is a registration fee of $20 for the vehicle that wish to enter into the Car Show Competition this fee is to cover the expense for the prizes that's awarded to the winners. Car shows are a cost-effective way to network with influencers who can bring attention to our city and small businesses. The car show is being hosted by our Truck Group "C/10 Syndicates" which is a non-profit organization/ social club. All the members are Port Arthur Natives with classic trucks between the years on 1967-1989. Thanks for the consideration of our event. If any questions or information is needed I can be contacted at 409-543-6085 or jdavis1449@yahoo.com. Sincerely, JaMarcus Davis P.R. No. 23689 3/26/2024 jb Exhibit "B" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND JAMARCUS DAVIS THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and JaMarcus Davis,Event Organizer("JaMarcus Davis"). WITNESSETH: WHEREAS, the City and JaMarcus Davis, are desirous in hosting the 2nd Annual Classics at the Pavilion in downtown Port Arthur to enhance the development of the tourist industry in Port Arthur and improve the economic conditions of the City in general; and, WHEREAS, the City and JaMarcus Davis 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 2'd Annual Classics at the Pavilion activities; and, NOW, THEREFORE, it is hereby agreed that the City and JaMarcus Davis enter into this Agreement regarding said 2nd Annual Classics at the Pavilion activities scheduled for 05-04-2024: 1. General Provisions. During the 2nd Annual Classics at the Pavilion, JaMarcus Davis, shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public 2nd Annual Classics at the Pavilion and functions. 2. Duties of JaMarcus Davis. JaMarcus Davis does hereby agree to be responsible for the following activities in connection with the 2nd Annual Classics at the Pavilion 2024 at its expense, and the City does hereby delegate said responsibilities to JaMarcus Davis along with certain income or revenues associated therewith: (a) JaMarcus Davis shall recommend the area for such 2"d Annual Classics at the Pavilion, subject to the approval and designation of the City Council. (b) JaMarcus Davis is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the 2nd Annual Classics at the Pavilion period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from JaMarcus Davis 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 1 JaMarcus Davis before conducting any business within the entertainment area. (c) JaMarcus Davis is authorized not to charge a fee for admission into the 2nd Annual Classics at the Pavilion entertainment area; fee shall not exceed $0.00 per day on Saturday, May 04, 2024. (d) JaMarcus Davis shall obtain City Council approval for the temporary street closure for the 2nd Annual Classics at the Pavilion festivities, as outlined in the City of Port Arthur's Code of Ordinances. (e) JaMarcus Davis agrees to arrange for fencing the entertainment area, and the City shall approve the area in which JaMarcus Davis intends to fence. JaMarcus Davis 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. JaMarcus Davis agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) JaMarcus Davis 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. JaMarcus Davis shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) The City will provide the platform stage in the entrainment area, including pitting up the stage and taking then down after the 2nd Annual Classics at the Pavilion Event JaMarcus Davis will not move or unduly interfere with the setup of the stages by the City. (h) JaMarcus Davis 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. (i) JaMarcus Davis shall provide trash barrels in the 2nd Annual Classics at the Pavilion entertainment area. (j) JaMarcus Davis shall be in charge of the cleanup of the 2nd Annual Classics at the Pavilion entertainment area. (k) JaMarcus Davis shall coordinate and enforce contracts with all temporary concessions in the 2nd Annual Classics at the Pavilion entertainment area, and the City shall have the right to approve or disapprove said concessions after JaMarcus Davis approval. 2 (1) JaMarcus Davis shall coordinate all 2"d Annual Classics at the Pavilion activities, and shall, when necessary, secure special approval of the City. JaMarcus Davis shall submit a master plan to the City on or before April 1, 2024 (30 days prior to the start of 2"d Annual Classics at the Pavilion) of all activities to be undertaken as a part of the 2"d Annual Classics at the Pavilion including the activities, concessions and location of the tentative 2"d Annual Classics at the Pavilion 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. (m) JaMarcus Davis shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the car show, 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 festival. The policies must be endorsed to state that the coverage extended to the City of Port Arthur 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 JaMarcus Davis 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 JaMarcus Davis. 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 2"d Annual Classics at the Pavilion. 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 JaMarcus Davis 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 JaMarcus Davis' obligation under this section. 3 (n) JaMarcus Davis 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 2nd Annual Classics at the Pavilion, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the 2nd Annual Classics at the Pavilion entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the 2nd Annual Classics at the Pavilion, said expenses to be reimbursed by JaMarcus Davis. (a) Types and location of all temporary concession permits on public property within the 2nd Annual Classics at the Pavilion entertainment area shall be subject to the prior approval of the JaMarcus Davis. (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 JaMarcus Davis 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 2nd Annual Classics at the Pavilion activities occurring or taking place on City streets, alleys, and rights-of-way after JaMarcus Davis has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after 2nd Annual Classics at the Pavilion has first approved same. 4 4. Term. This agreement shall be in force and effect from May 04, 2024 until May 05, 2024. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the 2"d Annual Classics at the Pavilion for security concerns. 6. Financial Reporting and Settlement of Expenses. JaMarcus Davis and the City each agree to deliver to the other a report of its receipts and expenditures of the 2nd Annual Classics at the Pavilion within ninety (90) days after the conclusion of the 2nd Annual Classics at the Pavilion car show for each year subject to the Agreement. JaMarcus Davis shall reimburse the City overtime cost (hours worked outside normal shifts) of police. firefighters and other City personnel, as well as supplies and equipment that are requested by JaMarcus Davis used for the event. 7. Security. JaMarcus Davis 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. JaMarcus Davis 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. Contingent upon the approval and permitted by Texas Alcohol and Beverage Commission (TABC), the City may authorize 2"d Annual Classics at the Pavilion 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, 2nd Annual Classics at the Pavilion, 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 festival 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., 2024. 5 2nd ANNUAL CLASSICS AT CITY OF PORT ARTHUR: THE PAVILION By: By: JaMarcus Davis Ronald Burton, CPM Organizer City Manager ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledge before me on the day of , 2024, by JaMarcus Davis. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of ,2024, by Ron Burton, City Manager. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 _ '-.' • r t tr .+ i. I i 4 k., $; .. y,... Exhibit "B" 8 CO® DATE(MWDD/YYYY) A CC CERTIFICATE OF LIABILITY INSURANCE 03/28/2024 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.Ext): (530)477-6521 FAX No): Will Maddux E-MAIL info theeventhel er.com ADDRESS: p PO Box 1298 INSURER(S)AFFORDING COVERAGE NAIC# Grass Valley CA 95945 INSURER A: Evanston Insurance Company 35378 INSURED INSURER B INSURER C: Jamarcus Davis INSURER D 2236 Fredrich 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER M/ LIMITS (MDD/YYYY) (MM/DD/VYYY) XCOMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE E PREMISES(TO(RENTED 100 000 Ea occurrence) $ Host Liquor Liability MED EXP(Any one person) $ 5,000 A Retail Liquor Liability Y N 3DS5475-M3012919 05/04/2024 05/05/2024 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:50, Event Type:Car Show-Static(Parked)Only. 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 J 500 Procter St `Ijd I Port Arthur TX 77640 J ! Y•J ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Sar ! 1 11 v-) L C -3 1 4 0 s Ii' t'tiSnb