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HomeMy WebLinkAboutPR 24362: CONCESSIONAIRE-MATTHEW'S WINGS FOUNDATION-TRILL CITY CAR SHOW =jrA ,thug" www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 18, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: George Davis, Director of Pleasure Island r)Q RE: P.R. 24362—Exclusive Concessionaire-Matthew's Wings Foundation-Trill City Car Show Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24362 authorizing the City Manager to execute an agreement designating and establishing the Trill City Car Show and designating Matthew's Wings Foundation as the exclusive concessionaire. Background: Matthew's Wings Foundation is a group of individuals who are focused on attracting visitors and encouraging tourism on Pleasure Island. This organization wants to host a car show at Lakefront Park on Saturday, September 20, 2025. This event will feature local vendors and will be open to the public, offering a chance to view a wide variety of vehicles being judged, including race cars,show trucks, custom cars,and multiple motorcycle categories. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No. 24362 authorizing the City Manager to execute an agreement designating and establishing the Trill City Car Show and designating Matthew's Wings Foundation 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. 24362 07/18/25 GD RESOLUTION NO. A RESOLUTION ESTABLISHING A SPECIAL EVENT KNOWN AS THE TRILL CITY CAR SHOW, DESIGNATING LAKEFRONT PARK AS THE ENTERTAINMENT AREA,NAMING MATTHEW'S WINGS FOUNDATION 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,the Matthew's Wings Foundation(The Foundation)is a nonprofit organization dedicated to supporting students living with sickle cell disease by providing scholarships, mentorship and educational resources within the Port Arthur community; and WHEREAS,the Foundation seeks to host an event on Pleasure Island that brings together car enthusiasts, families, and residents of Port Arthur and the surrounding areas for community fellowship,entertainment,and an appreciation of classic and custom automobiles,and serves as an advocate for the resurgence of family-friendly events on Pleasure Island; and WHEREAS, the Matthew's Wings Foundation is hereby requesting the City Council's approval for the use of Lakefront Park,located at 1520 West T.B.Ellison Pkwy,Port Arthur,Texas, to host the special event, Trill City Car Show, scheduled for September 20, 2025; and, WHEREAS,pursuant to Chapter 90(Special Events),Article I(In General),Section 90-1 of the Code of Ordinances, the City Council desires to promote this 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 the Trill City Car Show 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,TEXAS: Section 1. That the facts and recitals in the preamble are true and correct. Section 2. That the City Council hereby establish the special event known as the Trill City Car Show and designate Lakefront Park as the entertainment area. Section 3. That Matthew's Wings Foundation is hereby named the exclusive concessionaire for the Trill City Car Show 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 the Matthew's Wings Foundation, containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit"A". P.R.No. 24362 07/18/25 GD Section 5. That the Matthew's Wings Foundation has provided a certificate of insurance coverage to the City, as shown in Exhibit"B". Section 6. That the City Council designates and establishes the Trill City Car Show to be that certain area known as Lakefront Park, located at 1520 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. Section 7. 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 ,2025 AD,at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote:AYES: Mayor: • Councilmembers: NOES: . Charlotte M. Moses Mayor ATTEST: Sherri Bellard, City Secretary APPROVI + : Roxann Pais Cotroneo, City Attorney P.R. No. 24362 07/18/25 GD APPRO : ! OR ADMINISTRATION: IIRT 6U4 __ Ronald B . ' CityMa, : 1 • 'All A 7 i4-nT 123 I, Tim• by D, iso, Po ce Chief 4 Robert Havens, Fire Chief f<"--i Georg Dav s, , CPM Director of Plea ure Islan Ca.,kvi.• /,. / - 139 Darlene Thomas Pierre, Q filth 4 0J Code Compliance Manager ,U dolifk 2rYui*) Jlidith Smith, Director of Health Department //I / fl 0 oze a 7 •erts, Directo 'ublic • P.R. No. 24362 07/18/25 GD Exhibit "A" EXCLUSIVE CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND MATTHEW'S WINGS FOUNDATION THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Matthew's Wings Foundation, acting by and through David Marcel, herein referred to as "The Foundation". WITNESSETH: WHEREAS, the City and The Foundation, acting by and through David Marcel and Mark Bernard are requesting the City's support in hosting the Trill City Car Show at Lakefront Park on Pleasure Island; and, WHEREAS, the City and The Foundation desire 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 Trill City Car Show; and, NOW, THEREFORE, it is hereby agreed that the City and The Foundation enter into this Agreement regarding the Trill City Car Show scheduled for September 20, 2025: 1. General Provisions. During the Trill City Car Show, The Foundation shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule public the Trill City Car Show event and functions. 2. Duties of the Foundation. The Foundation does hereby agree to be responsible for the following activities in connection with the Trill City Car Show, at its expense and the City does hereby delegate said responsibilities to The Foundation along with certain income or revenues associated therewith: (a) The Foundation shall recommend the area for such the Trill City Car Show, subject to the approval and designation of the City Council. (b) The Foundation is hereby appointed to coordinate vendor activities conducted on public lands and streets within the car show area during the Trill City Car Show period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from The Foundation 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 Foundation before conducting any business within the car show area. 1 (c) The Foundation is authorized to charge the following, not to exceed fees for car show participants on Saturday, September 20, 2025. • $25.00 per vehicle (d) The Foundation, if applicable, is responsible for arranging the car show area for participants, registration for the event and obtaining clearances and approval from the City Council when required to accomplish particular tasks. The Foundation shall be entitled to all revenues except as otherwise herein expressly provided from the car show area. (e) The Foundation shall provide trash bags in the car show area. (f) The Foundation shall be in charge of the cleanup of the 2025 Trill City Car Show. (g) The Foundation shall coordinate and enforce contracts with all temporary concessions in the 2025 Trill City Car Show area, and the City shall have the right to approve or disapprove said concessions after The Foundation's approval. (h) The Foundation shall coordinate all 2025 Trill City Car Show activities and shall, when necessary, secure special approval of the City. The Foundation shall submit a master/site plan to the City on or before August 22, 2025 (30 days prior to the start of the 2025 Trill City Car Show) of all activities to be undertaken as a part of the 2025 Trill City Car Show, including the activities, concessions and location of the tentative 2025 Trill City Car Show 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 Foundation shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the 2025 Trill City 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 2025 Trill City Car Show. 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 2 policy shall additionally provide contractual liability coverage for The Foundation 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 Foundation. 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 2025 Trill City Car Show. The policy shall provide that it shall not be subject to cancellation by the insurers except upon deliveryof written notice to the CityManager at least fifteen(15) days p prior to the effective date of cancellation; and in such case The Foundation 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 Foundation's obligation under this section. (j) The Foundation 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 2025 Trill City Car Show, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the 2025 Trill City Car Show area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the 2025 Trill City Car Show, said expenses to be reimbursed by The Foundation. (a) Types and location of all temporary concession permits on public property within the Event's car show area shall be subject to the prior approval of The Foundation. 3 FiF (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 Foundation has first approved or proposed same. (c) The City shall have the right of approval over all 2025 Trill City Car Show activities occurring or taking place on City streets, alleys, and rights-of-way after The Foundation has approved or proposed same. 4. Term. This agreement shall be in force and effect from September 20 — September 21, 2025. 5. Termination. The City Manager, after consultation with the Chief of Police and Fire Chief can terminate this agreement and the 2025 Trill City Car Show for security concerns. 6. Financial Reporting and Settlement of Expenses. The Foundation and the City each agree to deliver to the other a report of its receipts and expenditures of the 2025 Trill City Car Show within ninety (90) days after the conclusion of the 2025 Trill City Car Show for each year subject to the Agreement. The Foundation 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 The Foundation used for the event. 7. Security. The Foundation 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 Foundation 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 Foundation will not be authorized to sell and/or consume alcohol in the car show area during the event. 9. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to the 2025 Trill City Car Show, 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 car show 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., 2025. MATTHEW'S WINGS FOUNDATION: By: By: David Marcel Mark Bernard SIGNED AND AGREED TO on this day of A.D., 2025. CITY OF PORT ARTHUR: By: Ron Burton, CPM City Manager 5 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2025,by David Marcel. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2025,by Mark Bernard. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2025,by Ronald Burton,CPM, City Manager. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 P.R. No. 24362 07/18/25 GD Exhibit "B" � l ® ^� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/29/2025 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 NAME:CONTACT Eventsured Customer Service Foresite Sports,Inc. (A/cc.No.Ext): 888 882-5902 FAX No): DBA:Eventsured ADDRESS: info@eventsured.com 3553 West Chester Pike#418 INSURER(S)AFFORDING COVERAGE NAIC# Newtown Square,PA 19073 INSURERA: Houston Casualty Company 42374 INSURED INSURER B: INSURER C: Mark Bernard INSURER D: 1712 Duff Dr INSURER E: Port Arthur,TX 77642 INSURER F: COVERAGES CERTIFICATE NUMBER: TM438907 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 TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MM/DD/YYYY).(MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 1,000 A X H24SE00172/TM438907 09/19/2025 09/21/2025 PERSONAL&ADV INJURY $ 1,000,000 12:01AM 2:01AM GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 X POLICY PROT LOC DEDUCTIBLE $ 0 JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS _AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 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(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Additional Insureds must be venue managers or municipalities and are added with respect to our insuredb 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 Auto Show(Static/Display Only)to be held on 09/19/2025-09/20/2025 with 250 attendees at Pleasure Pier 410 pleasure Pier Port Arthur,TX 77640. 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 St. ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur,TX 77642 AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P.R. No. 24362 07/18/25 GD Exhibit "C" Imo' Moto1C`ycie` F S11 ;,asho1s„ i ' lk Spt c.t(it 1Pd'k1nn i Ca- 1 railer P1ti Show CarSar,,, f_ ;r Spectator Parking ti 'Show Trucks.`., - ` pectator Parking Racecars i . 4 00 II umpster Veli ior`; fir" 0