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HomeMy WebLinkAboutPR 24895: EXCLUSIVE CONCESSIONAIRE - SOUTHEAST TEXAS FISHING CLASSIC LLC. www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 4, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: George Davis, Director of Pleasure Island RE: P.R. 24895 —Exclusive Concessionaire-Southeast Texas Fishing Classic LLC- Southeast Texas Fishing Classic Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No.24895, authorizing the City Manager to execute an agreement designating and establishing the Southeast Texas Fishing Classic and designating Southeast Texas Fishing Classic LLC as the exclusive concessionaire. Background: Southeast Texas Fishing Classic LLC ("Organizer") has proposed hosting a one-day fishing tournament and related activities on September 12, 2026, at Pleasure Island. The event is expected to include organized fishing activities, vendor participation, and limited on-site concessions. Chapter 90 of the Code of Ordinances authorizes the City Council to approve and regulate special events, including the designation of event areas and concession arrangements. The proposed resolution satisfies this standard based on the following: • Tourism Promotion: The Event is designed to attract regional visitors to Pleasure Island, a City asset intended for recreational and tourism use. • Economic Activity: The Event is expected to generate direct economic activity through visitor spending on lodging, food, fuel, and related services within the City. • Support of Local Vendors: The Event provides structured opportunities for local vendors and small businesses to participate in a controlled,permitted environment. • Activation of Public Assets: The temporary use of Pleasure Island for a managed event increases utilization of public infrastructure consistent with its intended purpose. Budget Impact: None Recommendation: Staff recommends approval of the proposed resolution authorizing the establishment of the Southeast Texas Fishing Classic,designation of the event site,and execution of a Special Event Agreement with Southeast Texas Fishing Classic LLC. "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. 24895 5/4/26 GD RESOLUTION NO. A RESOLUTION ESTABLISHING A SPECIAL EVENT KNOWN AS THE SOUTHEAST TEXAS FISHING CLASSIC, DESIGNATING THE PLEASURE ISLAND BOAT RAMP 2 AS THE ENTERTAINMENT AREA, NAMING SOUTHEAST TEXAS FISHING CLASSIC LLC 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 Southeast Texas Fishing Classic LLC (The Classic) is an association dedicated to enhancing the development of the tourist industry in Port Arthur and improving the economic conditions of the City; and, WHEREAS,The Classic is hereby requesting the City Council's approval for the use of the Pleasure Island Boat Ramp 2, located at 800 Lakefront Dr, Port Arthur, Texas, to host the special event, the Southeast Texas Fishing Classic, scheduled for September 12, 2026; and, WHEREAS, the proposed Event is anticipated to attract visitors, promote outdoor recreation, support local vendors, and contribute to the economic vitality of the City; and WHEREAS,pursuant to Chapter 90(Special Events),Article I(In General),Section 90-1 of the Code of Ordinances, the City Council is authorized to approve and regulate special events conducted within the City and to designate event areas and concession arrangements; and WHEREAS, the Organizer has agreed to comply with all applicable City ordinances, including permitting, insurance, indemnification, and operational requirements as set forth in Chapter 90 and the proposed Special Event Agreement; and WHEREAS,the City Council further finds that authorizing an agreement with the Organizer serves a valid public purpose consistent with Section 380.001 of the Texas Local Government Code, including the promotion of economic development and tourism, and that the City will receive sufficient consideration and public benefit therefrom. 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. The City Council hereby establishes the special event known as the Southeast Texas Fishing Classic scheduled for September 12, 2026, and designates the Pleasure Island Boat Ramp 2 as the entertainment area. Section 3. That the Southeast Texas Fishing Classic LLC is hereby named the exclusive concessionaire for the Southeast Texas Fishing Classic as provided in Section 90-10 of the Code of Ordinances. P.R. No. 24895 5/4/26 GD Section 4. That the City Manager is hereby authorized to execute an Agreement with the Southeast Texas Fishing Classic LLC, containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit"A". Section 5. That the Southeast Texas Fishing Classic LLC 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 Southeast Texas Fishing Classic to be that certain area known as the Pleasure Island Boat Ramp 2,located at 800 Lakefront Dr,Port Arthur,Texas,and the 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 ,2026 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 APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney P.R. No. 24895 5/4/26 GD APPROVED FOR ADMINISTRATION: Ronald Bu on, City Mana Tim y Duriso, Police Chief o'''' -- Robert L. Havens, Interim Fire Chief 2((„4„... ez/(2—...--- George D is, MA, CPM Director of Pleasure Island z/------- Phillip lardi, CBO, CFM Chief Building Official tud �0iV dith Smith, irector of Health Department -.t.c L^mot +.-e /- i,v—y Suhail Kanwar, MS, PE, CFM Director of Public Services/City Engineer P.R. No. 24895 5/4/26 GD Exhibit "A" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND SOUTHEAST TEXAS FISHING CLASSIC LLC THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Southeast Texas Fishing Classic LLC ("Classic"). WITNESSETH: WHEREAS, the City and the Classic,by and through its governing members Nicholas Rolling and Christian Franks, are desirous of hosting the Southeast Texas Fishing Classic ("Tournament") to enhance the development of the tourist industry in Port Arthur and improve the economic conditions of the City in general. WHEREAS, the City and the Classic 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 Southeast Texas Fishing Classic LLC, herein referred to as "The Tournament" activities. NOW, THEREFORE, it is hereby agreed that the City and the Classic enter into this Agreement regarding said Tournament activities: RECITALS: 1. General Provisions. During the Tournament, the Classic shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public tournament events and functions. 2. Duties of the Classic. The Classic 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 Classic along with certain income or revenues associated therewith: (a) The Classic shall recommend the area for such Tournament, subject to the approval and designation of the City Council. (b) The Classic is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment 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 the Classic's endorsement before obtaining a vendor permit from the City,if required. If a City vendor permit is not required, then vendors must obtain permission from the Classic before conducting any business within the entertainment area. 1 (c) The Classic is authorized to charge the following, not to exceed fees for admission into the Tournament's area on Saturday, September 12, 2026: • $125.00 per angler ages 18 and over; • $10.00 per person for spectators 18 and over; • $ 0.00 per person/angler for ages 17 and under. (d) The Classic is responsible for arranging the weigh-in area for anglers and spectators, registration and check-in, and obtaining clearances and approval from the City Council when required to accomplish particular tasks. The Classic shall be entitled to all revenues except as otherwise herein expressly provided from the registration area. (e) The Classic shall provide trash barrels in the grounds area. (f) The Classic shall be in charge of the cleanup of the grounds area. (g) The Classic shall coordinate and enforce contracts with all temporary concessions in the Tournament Grounds area, and the City shall have the right to approve or disapprove said concessions after Classic approval. (h) The Classic shall coordinate all Tournament activities, and shall, when necessary, secure special approval of the City. The Classic shall submit a master/site plan to the City to be undertaken as part of the Tournament, including the activities, concessions, and the tentative location of the Grounds 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 Classic 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 arising out of any such matters arising out of the Tournament. The policies must be endorsed to state that the coverage extended to the City's 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 a person and/or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for the Classic 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 Classic. 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 2 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 Classic 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 Classic's obligations under this section. (j) The Classic 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, stage, shelter or other type of structure on the Tournament's Ground 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 to be reimbursed by the Classic. (a) Types and location of all temporary concession permits on public property within the Tournament's entertainment area shall be subject to the prior approval of the Classic. (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 Classic has first approved or proposed same. 4. Term. This agreement shall be in force and effect from September 12 to September 13, 2026. 5. Termination. The City Manager, after consultation with the Chief of Police and Fire Chief, can terminate this agreement and the Tournament's award ceremony for security concerns. 6. Financial Reporting and Settlement of Expenses. The Classic agrees to deliver a report of its receipts and expenditures within ninety (90) days after the conclusion of the Tournament, subject to the Agreement. 3 7. Security.The Classic 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, as well as other information he is cognizant of The Classic shall reimburse the City for the overtime costs (hours worked outside normal shifts) of police, firefighters, and other City personnel resulting from the additional security required by the Chief of Police. 8. Alcohol. The Classic will not be authorized to sell and/or consume alcohol in the entertainment 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 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 , 2026. SOUTHEAST TEXAS CITY OF PORT ARTHUR: FISHING CLASSIC: By: By: Nicholas Rolling, Founding Member Ronald Burton CPM, City Manager By: Christian Franks, Founding Member 4 AC KNOWLE GEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Nicholas Rolling. Founding Member. Southeast Texas Fishing Classic LLC, 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 , 2026. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 5 AC KNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald Burton, CPM, 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 , 2026. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 P.R. No. 24895 5/4/26 GD Exhibit "B" 1 ® DATE(MM/DD/YYYY) AR D CERTIFICATE OF LIABILITY INSURANCE 04/10/2026 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 NAME: Next First Insurance Agency,Inc. PHONE (855)222-5919 FAX No); PO Box 60787 (A/C,No,Ext): Palo Alto,CA 94306 ADDRlESS: support@nextinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Next Insurance US Company 16285 INSURED INSURER B: Southeast Texas Fishing Classic LLC 9802 FM 1960 Rd W Ste 180 INSURER C: Humble,TX 77338 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:369700817 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. I EFF POLICY EXP NSR ADDLTYPE OF INSURANCE INSO WVDSUBR POLICY NUMBER (MM/DDPOLICY/YYYY) (MM/DD/YYYY) LIMITS LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000.00 MED EXP(Any one person) $15,000.00 A X NXTYQRRKRJ-00-GL 04/10/2026 04/10/2027 PERSONAL&ADV INJURY $1,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000.00 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000.00 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) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability(Errors&Omissions) Per Claim Limit: $1,000,000.00 A CLAIMS-MADE NXTXK4TFKQ-00-PL 04/10/2026 04/10/2027 Aggregate Limit: $1,000,000.00 Per Claim Deductible: $2,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder is City Of Port Arthur.This Certificate Holder is an Additional Insured on the General Liability policy per the Additional Insured Automatic Status Endorsement.All Additional Insured privileges apply only if required by written agreement between the Certificate Holder and the insured,and are subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City Of Port Arthur LIVE CERTIFICATE 5860 9th Ave y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Port Arthur,TX77642 •La*„� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN r •+• ., ACCORDANCE WITH THE POLICY PROVISIONS. O 0. 0• AUTHORIZED REPRESENTATIVE -6:2,,c47,.....____ I Click or scan to v:ew_ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD P.R. No. 24895 5/4/26 GD Exhibit "C" -1`�1 ANNUA1. ,, N � ��T T ��✓ SOUTHEAST TEXAS o -- �s' • �- FISHING CLASSIC Est. (--pg--. ` �,,-� ) * 2o2G• .`.., •� - — EVENT SITE DIAGRAM — • FlS 55s� <"k, LEGEND ti III \ `7 jNG Ctip, 3 o7 4rtha.Texas-ScP,ecc �. ,:— - - _ STAGE -4 .� € ",, ' 1, --- . .r:. w VENDOR AREA ,fir f't . g --- "` ill P PARKING AREA VIP/STAFF "y �' PARKING x imi TRASH STATIONS ,III: ; , { ' ' ' Sr ■ OPERATIONS AREA �' Ira •- 1 ' i€ .'` - — Ss IIII PIER AC _SS STAGE AREAft — r WEIGH-INS AWARDS, 4 _ _. ENDOR AREA , a ANNOUNCEMENTS � v p PARKING AREA l .3 (GENERAL) FOOD,GEAR, • • LOCAL BUSINESSES 4 I ' - r OP' ,■ 3 i . { (STAFF/FlR , ! ' }, ' .' ' Vt. .. « J^.'�a-•+w Anatttri' .4 ` ad -1 DATE v LOCATION EVENT INFO • September 12,2026 Port Arthur,Texas Pleasure Island Park southeastte.asfi shingclassic.corn • a .1 "1 29.867754,-93.921726 f Southeast Texas Fishing Classic •