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HomeMy WebLinkAboutPR 24532: CONCESSIONAIRE WINNERS FOR THE LIFE BREAST CANCER ORGANIZATION PINK PARTY AT THE PAVILION www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 14, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Chandra Alpough, CPM, CPRP, Director of Parks and Recreation RE: P.R. 24532—Exclusive Concessionaire-Winners for Life Breast Cancer Organization—Pink Party at the Pavilion Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24532 authorizing the City Manager to execute an agreement establishing a special event known as the Pink Party at the Pavilion, designating the Downtown Pavilion as the entertainment area, naming the Winners for Life Breast Cancer Organization as exclusive concessionaire. Background: The Winners for Life Breast Cancer Organization is an organization that focuses on educating women in matters related to breast health,supporting thousands of survivors and has raised funds earmarked for the provision of mammograms for the locally underserved population. This organization wants to host an event at the Downtown Pavilion on Saturday, October 18, 2025, in order to raise funds to be donated to the Gift of Life, to sponsor mammograms for women in the community. 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. 24532 authorizing the City Manager to execute an agreement establishing a special event known as the Pink Party at the Pavilion, designating the Downtown Pavilion as the entertainment area, naming the Winners for Life Breast Cancer Organization 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.24532 09/14/2025 CA RESOLUTION NO. A RESOLUTION ESTABLISHING A SPECIAL EVENT KNOWN AS THE PINK PARTY AT THE PAVILION, DESIGNATING THE DOWNTOWN PAVILION AS THE ENTERTAINMENT AREA,NAMING THE WINNERS FOR LIFE BREAST CANCER ORGANIZATION AS 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 Winners for Life Breast Cancer Organization,is an organization,acting by and through Tracey R. Young,that focuses on educating women in matters related to breast health, supporting thousands of survivors and has raised funds earmarked for the provision of mammograms for the locally underserved population; and, WHEREAS, the Winners for Life Breast Cancer Organization desires to host an event to raise funds to be donated to the Gift of Life,to sponsor mammograms for women in the community; and, WHEREAS, the Winners for Life Breast Cancer Organization is hereby requesting City Council's approval to utilize the Downtown Pavilion and the surrounding areas for Pink Party at the Pavilion on Saturday, October 18, 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 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 the Winners for Life Breast Cancer Organization 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,TEXAS: 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 Pink Party at the Pavilion and designates the Downtown Pavilion as the entertainment area. Section 3. That the Winners for Life Breast Cancer Organization is hereby named the exclusive concessionaire for the Pink Party at the Pavilion as provided in Section 90-10 of the Code of Ordinances. IF P.R. No. 24532 09/14/2025 CA Section 4. That the City Manager is hereby authorized to execute an Agreement with the Winners for Life Breast Cancer Organization containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit"A". Section 5. That the Winners for Life Breast Cancer Organization 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 entertainment area for the Pink Party at the Pavilion to be that certain area known as the Downtown Pavilion 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 ter._ Pr P.R.No.24532 09/14/2025 CA APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPR E FOR ADMINISTRATION: Ronal , CPM City Ma ger Z `9-/lc'�-z-, c, / 5/44 Timothy iso Police hief ert Havens Interim Fire Chief dra/(61/1a— Chandra Alpough, CPM Director of Parks and Recreation Philip ilardi, CBO, CFM Chief Building Official UU/U 1 Judith Smith Director of Health Deeppartme i ozelle •be ., CP Direct dro P,b '• orks P.R. No. 24532 09/14/2025 CA Exhibit "A" EXCLUSIVE CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND WINNERS FOR LIFE BREAST CANCER ORGANIZATION THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Winners for Life Breast Cancer Organization, acting by and through, Tracey R.Young, herein referred to as "Winners". WITNESSETH: WHEREAS, the City and the Winners, acting by and though, Tracey R. Young, is requesting for the City's support in hosting the Pink Party at the Pavilion at the Downtown Pavilion; and, WHEREAS, the City and the Winners 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 Pink Party at the Pavilion; and, NOW, THEREFORE, it is hereby agreed that the City and the Winners enter into this Agreement regarding the Pink Party at the Pavilion scheduled for October 18, 2025: 1. General Provisions. During the Pink Party at the Pavilion, the Winners shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule public Pink Party at the Pavilion event and functions. 2. Duties of the Winners. The Winners does hereby agree to be responsible for the following activities in connection with the Pink Party at the Pavilion, at its expense and the City does hereby delegate said responsibilities to the Winners along with certain income or revenues associated therewith: (a) The Winners shall recommend the area for such Pink Party at the Pavilion, subject to the approval and designation of the City Council. (b) The Winners is hereby appointed to coordinate vendor activities conducted on public lands and streets within the entertainment area during the Pink Party 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 the Winners 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 Winners before conducting any business within the entertainment area. 1 (c) The Winners is authorized not to charge a fee for admission into the Pink Party at the Pavilion entertainment area; fee shall not exceed $0.00 per day on Saturday, October 18, 2025. (d) The Winners shall obtain City Council approval for the temporary street closure for the Pink Party at the Pavilion, as outlined in the City of Port Arthur's Code of Ordinances. (e) The Winners agree to arrange for fencing the entertainment area, and the City shall approve the area in which the Winners intends to fence. The Winners 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 Winners agree to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) The Winners are 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 Winners 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 entertainment area, including putting up the stage and taking it down after the Pink Party at the Pavilion. The Winners will not move or unduly interfere with the setup of the stage by the City. (h) The Winners 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) The City shall provide trash barrels in the Pink Party at the Pavilion entertainment area. (j) The Winners shall be in charge of the cleanup of the Pink Party at the Pavilion entertainment area. (k) The Winners shall coordinate and enforce contracts with all temporary concessions in the Pink Party at the Pavilion entertainment area, and the City shall have the right to approve or disapprove said concessions after The Winners approval. (1) The Winners shall coordinate all Pink Party at the Pavilion activities, and shall, when necessary, secure special approval of the City. The Winners 2 shall submit a master/site plan to the City on or before September 15, 2025 (30 days prior to the start of the Pink Party at the Pavilion) of all activities to be undertaken as a part of the Pink Party at the Pavilion, including the activities, concessions and location of the tentative Pink Party 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) The Winners shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Pink Party at the Pavilion, 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 Pink Party at the Pavilion. 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 Winners 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 Winners. 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 Pink Party 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 the Winners 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 Winners' obligation under this section. (n) The Winners 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: 3 (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 Pink Party at the Pavilion, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Pink Party 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 Pink Party at the Pavilion, said expenses to be reimbursed by the Winners. (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 Winners. (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 Winners 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 Pink Party at the Pavilion activities occurring or taking place on City streets, alleys, and rights-of-way after the Winners has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after the Winners has first approved or proposed same. 4. Term. This agreement shall be in force and effect from October 18 — October 19, 2025. 5. Termination. The City Manager, after consultation with the Chief of Police and Fire Chief can terminate this agreement and the Pink Party at the Pavilion for security concerns. 4 6. Financial Reporting and Settlement of Expenses. The Winners and the City each agree to deliver to the other a report of its receipts and expenditures of the Pink Party at the Pavilion within ninety (90) days after the conclusion of the Pink Party at the Pavilion for each year subject to the Agreement. The Winners 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 Winners used for the event. 7. Security. The Winners 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 Winners 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 the Pink Party 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 Pink Party 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 event 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., 2025. WINNERS FOR LIFE BREAST CITY OF PORT ARTHUR: CANCER ORGANIZATION By: By: Tracey R. Young Ron Burton, City Manager 5 ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of 2025, by Tracey R. Young, Winners for Life Breast Cancer Organization. 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 , 2025, by Ronald Burton, CPM, City Manager. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 P.R.No. 24532 09/14/2025 CA Exhibit "B" / 1 ® DATE(MWDD/YYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 09/17/2025 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 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 Event Helper Customer Service NAME: P r Gaslamp Insurance Services a/c No,Ext): (855)493-8368 FAX No): DBA Event Helper Insurance Services E-MAIL info theeventhel er.COm P ADDRESS: @ P PO Box 1549 INSURER(S)AFFORDING COVERAGE NAIC# Grass Valley CA 95945 INSURER A: Lloyds Syndicate 2623 82% AA-1128623 INSURED INSURER B: Lloyds Syndicate 623 18% AA-1126623 Winners for Life INSURER C: Tracey Young INSURER D: P.O.Box 12569 INSURER E: Beaumont TX 77726 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 TYPE OF INSURANCE ADDLISUBRI POLICY EFF POLICY EXPM/ LIMITS LTR INSD WVD POLICY NUMBER (MDD/YYYY) (MM/DD/YYYY) ✓ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO ✓ CLAIMS-MADE OCCUR PREMISES RENTED $ 100,000 ✓ Host Liquor Liability MED EXP(Any one person) $ 5,000 A Retail Liquor Liability Y N EH-771325-L4458326 10/18/2025 10/19/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 12:01 AM 12:01 AM GENERAL AGGREGATE $ 2,000,000 ✓ POLICY PE� 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 CG 20 26 04 13.Attendance: 100,Event Type:Picnic-No Pools or Lakes.Policy includes a 36 month Extended Reporting Period.Damage to Premises Rented(Other than Fire)included in the Each Occurrence Limit shown above. 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 444 4th Street /�/Gy��`�✓L`� Port Arthur TX 77642 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: EH-771325-L4458326 CG 20 26 (Ed. 04/13) 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 PART Schedule Name of Additional Insured Person(s)or Organization(s): City of Port Arthur 444 4th Street Port Arthur, TX 77642 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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, but only with respect to liability for"bodily injury," "property damage" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 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. 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. © Insurance Services Office, Inc., 2012 CG 20 26 (Ed. 04/13) (Page 1 of 1) P.R. No. 24532 09/14/2025 CA Exhibit "C" T