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HomeMy WebLinkAboutPR 24922: EXCLUSIVE CONCESSIONAIRE JUNETEENTH COMMITTEE FOR THE JUNETEENTH FESTIVITIES *121 www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 1, 2026 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Chandra Alpough, CPM, CPRP, Director of Parks and Recreationl,rc/`---- RE: P.R. 24922—Exclusive Concessionaire-Juneteenth Committee - Juneteenth Festivities Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24922 authorizing the City Manager to execute an agreement establishing a special event known as the 2026 Juneteenth Festivities, designating the Downtown Pavilion as the entertainment area, naming the Juneteenth Committee as exclusive concessionaire for this event only. Background: The Juneteenth Committee is group of individuals who are focused on supporting positive activities and bringing the community together for the celebration of Juneteenth in the City of Port Arthur. This organization wants to host a day of festivities at the Downtown Pavilion on Friday, June 19, 2026. 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. 24922 authorizing the City Manager to execute an agreement establishing a special event known as the 2026 Juneteenth Festivities, designating the Downtown Pavilion as the entertainment area, naming the Juneteenth Committee as exclusive concessionaire for this event only. "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. 24922 05/01/2026 CA RESOLUTION NO. A RESOLUTION ESTABLISHING A SPECIAL EVENT KNOWN AS THE 2026 JUNETEENTH FESTIVITIES, DESIGNATING THE DOWNTOWN PAVILION AS THE ENTERTAINMENT AREA, NAMING THE JUNETEENTH COMMITTEE 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 Juneteenth Committee,is an organization,acting by and through Ashford Gamer, that focuses on bringing the community together for the celebration of Juneteenth; and, WHEREAS, .the Juneteenth Committee advocates for community engagement and desires to host an event to stimulate business and bring awareness to Juneteenth in the City of Port Arthur; and, WHEREAS, the Juneteenth Committee is hereby requesting City Council's approval to utilize the Downtown Pavilion and the surrounding areas for Juneteenth Festivities on Friday,June 19, 2026; 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 Juneteenth Festivities 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 Juneteenth Committee as exclusive concessionaire only at the Downtown Pavilion 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 2026 Juneteenth Festivities and designate the Downtown Pavilion as the entertainment area. Section 3. That the Juneteenth Committee is hereby named the exclusive concessionaire only at the Downtown Pavilion for the 2026 Juneteenth Festivities as provided in Section 90-10 of the Code of Ordinances. P.R. No. 24922 05/01/2026 CA Section 4. That the City Manager is hereby authorized to execute an Agreement with the Juneteenth Committee containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit"A". Section 5. That the Juneteenth Committee 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 2026 Juneteenth Festivities 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 ,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 P.R. No. 24922 05/01/2026 CA APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVED FOR ADMINISTRATION: Ronald B , C City Manage Timot Duriso Polic Chief Robert Havens Fire Chief 6L4) Chandra Alpough, CPM Director of Parks and Recreation Philip ilardi, CBO, CFM Chief Building Official UdthiKg rettli Jud' 1 Smith Director of Health Department Suhail Kanwar, MS, PE, CFM Director of Public Works P.R. No. 24922 05/01/2026 CA Exhibit "A" EXCLUSIVE CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE JUNETEENTH COMMITTEE THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and The Juneteenth Committee, acting by and through, Ashford Garner, herein referred to as ("The Outreach"). WITNESSETH: WHEREAS, the City and The Outreach, acting by and though, Ashford Garner, is requesting for the City's support in hosting the 2026 Juneteenth Festivities at the Downtown Pavilion; and, WHEREAS, it is necessary for the City and The Outreach to enter into an exclusive concessionaire agreement for this event only at the Downtown Pavilion, to define and coordinate the duties and responsibilities of the parties to facilitate the expeditious and efficient organization of the 2026 Juneteenth Festivities, hereinafter referred to as the "Event"; and, NOW, THEREFORE, it is hereby agreed that the City and The Outreach enter into this Agreement regarding the 2026 Juneteenth Festivities scheduled for June 19, 2026: 1. General Provisions. During this Event only, The Outreach shall, as the exclusive concessionaire only at the Downtown Pavilion, on behalf of the City, coordinate and schedule public 2026 Juneteenth Festivities event and functions. 2. Duties of the Outreach. The Outreach does hereby agree to be responsible for the following activities in connection with the 2026 Juneteenth Festivities, at its expense and the City does hereby delegate said responsibilities to The Outreach along with certain income or revenues associated therewith: (a) The Outreach shall recommend the area for such 2026 Juneteenth Festivities, subject to the approval and designation of the City Council. (b) The Outreach is hereby appointed to coordinate vendor activities conducted on public lands and streets within the entertainment area during the June 19, 2026 Juneteenth Festivities period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from The Outreach before obtaining a vendor permit from the City, if one is required. If a City 1 vendor permit is not required, then vendors must obtain permission from The Outreach before conducting any business within the entertainment area. (c) The Outreach is authorized not to charge a fee for admission into the 2026 Juneteenth Festivities entertainment area; fee shall not exceed $0.00 per day on Friday, June 19, 2026. (d) The Outreach shall obtain City Council approval for the temporary street closure for the 2026 Juneteenth Festivities, as outlined in the City of Port Arthur's Code of Ordinances. (e) The Outreach agrees to arrange for fencing the entertainment area, and the City shall approve the area in which The Outreach intends to fence. The Outreach 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 Outreach agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) The Outreach 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. The Outreach 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 2026 Juneteenth Festivities. The Outreach will not move or unduly interfere with the setup of the stage by the City. (h) The City 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 2026 Juneteenth Festivities entertainment area. (j) The Outreach shall be in charge of the cleanup of the 2026 Juneteenth Festivities entertainment area. (k) The Outreach shall coordinate and enforce contracts with all temporary concessions in the 2026 Juneteenth Festivities entertainment area, and the City shall have the right to approve or disapprove said concessions after The Outreach approval. 2 (1) The Outreach shall coordinate all 2026 Juneteenth Festivities activities, and shall, when necessary, secure special approval of the City. The Outreach shall submit a master/site plan to the City on or before May 15, 2026 (30 days prior to the start of the 2026 Juneteenth Festivities) of all activities to be undertaken as a part of the 2026 Juneteenth Festivities, including the activities, concessions and location of the tentative 2026 Juneteenth Festivities 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 Outreach shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the 2026 Juneteenth Festivities, 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 2026 Juneteenth Festivities. 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 Outreach 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 Outreach. 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 2026 Juneteenth Festivities. 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 Outreach 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 Outreach's obligation under this section. 3 (n) The Outreach 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 2026 Juneteenth Festivities, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the 2026 Juneteenth Festivities entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the 2026 Juneteenth Festivities, said expenses to be reimbursed by The Outreach. (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 Outreach. (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 Outreach 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 2026 Juneteenth Festivities activities occurring or taking place on City streets, alleys, and rights-of-way after The Outreach has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after The Outreach has first approved or proposed same. 4. Term. This agreement shall be in force and effect from June 19—June 20, 2026. 4 5. Termination. The City Manager, after consultation with the Chief of Police and Fire Chief can terminate this agreement and the 2026 Juneteenth Festivities for security concerns. 6. Financial Reporting and Settlement of Expenses. The Outreach and the City each agree to deliver to the other a report of its receipts and expenditures of the 2026 Juneteenth Festivities within ninety (90) days after the conclusion of the 2026 Juneteenth Festivities for each year subject to the Agreement. The Outreach 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 Outreach used for the event. 7. Security. The Outreach 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 Outreach 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 2026 Juneteenth Festivities 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 2026 Juneteenth Festivities, 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., 2026. JUNETEENTH COMMITTEE CITY OF PORT ARTHUR: By: By: Ashford Garner Ron Burton, CPM City Manager 5 ACKNOWLEGEMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2026, by Ashford Garner,Juneteenth Committee. 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 , 2026,by Ronald Burton, CPM, City Manager. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 P.R. No. 24922 05/01/2026 CA Exhibit "B" Acc•R 0® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/01/2026 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 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: Eventsured Customer Service PHONE FAX Foresite Sports LLC (A/C.No.Ext): 888-882-5902 (A/C,No): DBA:Eventsured ADDRESS: info@eventsured.com 3553 West Chester Pike#418 INSURER(S)AFFORDING COVERAGE NAIL Newtown Square,PA 19073 INSURER A: Houston Casualty Company 42374 INSURED INSURER B: Juneteenth Committee INSURER C: Ashford Garner INSURER D: 23903 Mesia Meadow In INSURER E: Katy,TX 77493 INSURER F: COVERAGES CERTIFICATE NUMBER: TM523575 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 1,000 A X Host Liquor Liability H25SE00172/TM523575 06/19/2026 06/20/2026 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 PRO- JECT LOC DEDUCTIBLE $ 0 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 insuredt 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 Parade without Floats to be held on 06/19/2026-06/19/2026 with 500 attendees at City of Port Arthur 444 4th st. Port Arthur, 77493. 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,77493 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. 24922 05/01/2026 CA Exhibit "C" <- 500 Procter St Seem Port Arthur,Texas A I L 1 .... A - A limit „0„„, , 'lf. - , 1 it s'••-" It. •I'' 1 , • , .ri ' ''‘ • , '-7-7 i , +Ng• - r, • ...... r VIII .41,0111111.". ti r I s 1 ' • µ . . ........ . ., *t I ..„, .. IGoogle •°. ---,...„ ,,, . , •,' • , Google 100% Data attribution Nov 2024 CITY OF PORT ARTHUR71)) nrl rlhr, DEPARTMENT OF PARKS AND RECREATION nrl Aber PARK RESERVATION FORM 1308 9th Avenue • Port Arthur, Texas • (409) 983-8152 • Person making reservation must be onsite for duration of event. • Office hours are Monday- Friday, 8 am-5 pm Person making application 1 5\l-ror d 641,r r r- Date 51 I I a O 10 Contact Person (if different) Address al) Cl 0`3) Mesia Meticlovtity I-G State TX Zip 77 yG 3 Day Phone g3a-5(.00---/Ota Evening Phone Email q„r het c,S�t ar�S, it Group (if applicable Date of Event 0/ 1 q Time/Hours (including setup&cleanup) /Q,,,rvt - m Event Description JrP -1-een+11 Pat'ctde-/\i tyAa,D r Prat f Estimate number of people attending event /j 50C) Park/Facility Requested: [Adams Park [El Vista Park Dviontgomery Park [Babe Zaharias Park [Grado Field DMontrose Park [Barbara Jacket Park [Griffing Park [Peoples Park [Boardwalk [Herman Park Lioneer Park [Bryan Park [Hughen Park [Roosevelt Park [Carver Terrace Park [Immigrant Park [Rose Hill Park [Cecil Reynolds Park [Lakeside Park [St. Mary's Park Civic Park [Lincoln Park [Texaco Mini Park [County Park [London Bridge Park [ The Pavilion [Eagles Park [Lyons Park [Washington Park [Other Pro c4 r 5+. Is anyone selling concessions, equipment, novelties, etc.? [}'Yes❑ No Will there be any type of music or live entertainment? ['Yes[ No Electricity? [Yes[No I have read and agree to follow the park rules and regulations and agree to abide by them as well as all laws codes and regulations. I agree to indemnify and hold harmless the City of Port Arthur and any officers employees, representatives, directors of agents or either from and against all liability, claims, suits, damages levies,costs, losses and fees, including attorney fees, arising out of or relating to my activities at the park. • ��- S if aaa// 1 GI/ JG Signature of Responsible Party Date City of Port Arthur Representative DJi/)(e o Port Arthur Juneteenth Committee A program of Mastering Manliness Juneteenth community event proposal The Juneteenth Committee, under Mastering Manliness,would like to host a series of community events in Port Arthur in honor of Juneteenth. On Friday, June 19, we plan to host a Juneteenth Parade along Proctor Street, beginning near Lamar University and ending at the Pavilion. Following the parade, we will host a community celebration at the Pavilion featuring live entertainment, food vendors, beverages, and family-friendly activities, including games for children. This event will take place from 3:30 PM to 8:00 PM. On Saturday, June 20, we plan to host a Juneteenth Softball Tournament and Community Festival at Lucian Adams Park. We are requesting access to four softball fields to accommodate participating teams. This event will also include vendors, live entertainment, and activities for children, and will run from 8:00 AM to 9:00 PM. These events aim to celebrate culture, bring the community together, and support local businesses in a safe, family-friendly environment. We appreciate your consideration and look forward to working with the City of Port Arthur to make this year's celebration a success. Sincerely, Ashford Garner