meeting. each person shall be limited to three (3) minutes

NOTICE OF REGULAR MEETINGPark Board of Trustees of the City of Galveston

Tuesday, June 26, 2018 at 1:30 p.m.Park Board Plaza, Board Room - First Floor 601 Tremont Street, Galveston, Texas 77550

Call Meeting To Order

Pledge Of Allegiance

Roll Call And Declaration Of A Quorum

Conflict Of Interest Declarations

Requests To Address The Board

The public shall be allowed to address the Board regarding one or more agenda or non-agenda items. All requests to address the Board must be submitted in writing to the Board Reporter the day of the Board meeting. Each person shall be limited to three (3) minutes regardless of the number of items addressed.

Recognition Of Sarah Alexander, CVB (Meg Winchester)

Consent

Discuss And Consider Approval Of Meeting Minutes

BOARD OF TRUSTEES REGULAR MEETING MINUTES 05-22-2018.PDF

Discuss And Consider Renewal Of Agreement With Swagit Productions For Video Streaming Services Of Board Of Trustee Meetings (Schel Heydenburg)

SWAGIT AGREEMENT.PDF

Discuss And Consider Award Of Contract Renewal To Scott Johnson Dba Island Ice Area #17-#20 (61st Street To 69th Street) For Frozen Novelties (Chris Saddler)

SCOTT JOHNSON ISLAND ICE.PDF

Discuss And Consider Amending Agreement With Randall Bowers, DBA Beach Service Area #13 (46th And 47th Street) For Umbrella And Chairs (Chris Saddler)

RANDALL BOWERS AREA 13 DOUBLE BLOCK UPDATE.PDF

Discuss And Consider Purchase Of Public Litter Receptacles For Seawall From TOTER (Jesse Ojeda)

PUBLIC LITTER RECEPTACLES OVERVIEW.PDFTOTER RECEPTACLE QUOTE.PDF

Discuss And Consider Approval Of Compensation Study In Conjunction With The City And Port Of Galveston (Kelly De Schaun)

COMPENSATION STUDY OVERVIEW.PDF

Discuss And Consider Approval Of Park Board Resolution For The Gulf Of Mexico Energy Security Act (GOMESA) Funding (Kelly De Schaun)

GOMESA OVERVIEW.PDFRESOLUTION GOMESA.PDF

Discuss And Consider Approval Of Tourism Development Expenditures (Meg Winchester)

TOURISM DEVELOPMENT CONSENT FORM JUNE 26.PDF

Discuss And Consider Sponsorship Of "A Fishing Story" (Bryan Kunz)

A FISHING STORY OVERVIEW.PDFPROPOSAL FOR GALVESTON CVB FROM A FISHING STORY.COMPRESSED (1).PDF

Discuss And Consider The Award Of Bid To Fermata, Inc. For Interpretive Panel Design For The Trail At East End Lagoon (Sheryl Rozier)

2018-06-26 -- CMP CYCLE 21 EEL TRAIL INTERPRETIVE PANEL DESIGN.PDF

Administration

Discuss And Consider 2018-2019 Hotel Occupancy Tax (HOT) Budget (Kelly De Schaun, Mike Moser)

2018-2019 HOT BUDGET.PDFHOTEL TAX 2018.PDF

Discuss And Consider Approval Of Second Reading Of Addition To The Park Board Of Trustees By-Laws For Reserve Fund Policy (Carla Cotropia)

RESERVE FUND BY-LAW ADDITION.PDF

Coastal Zone Management

Discuss And Consider Cost Structure For Services Associated With Sargassum Relocation (Kelly De Schaun)

COST OF SERVICES CS.PDF

Discuss And Consider Third Party Operation Under The U.S. Army Corps Of Engineers Beach Maintenance Permit #SWG-2014-00448 (Kelly De Schaun)

THIRD PARTY BEACH MAINTENANCE PERMIT OVERVIEW.PDF2017-03-21 DRAFT COASTAL ZONE STEWARDSHIP COORD ESTIMATED PROGRAM COSTS.PDF2018-06-19 WM PROGRAM.PDF

Executive Director Update (Kelly De Schaun, 10 Minutes)

EXECUTIVE DIRECTOR UPDATE.PDF

Discuss Recommendations And Comments From Outgoing Chair (Joyce McLean, 10 Minutes)

Future Agenda Items

Announcements

JUNE ANNOUNCEMENTS.PDF

Adjournment

I certify that the above Notice of Meeting was posted in a place convenient to the public, in accordance with

Chapter 551 of the Texas government Code, on or before June 22, 2018, 5:00 p.m.

Approved Approved as to Format

Via Email Via EmailJoyce Calver McLean, Chair Carla Cotropia, Legal

Counsel

Please Note Members of the City Council may be attending and participating in the discussion.

In accordance with the provisions of the Americans with Disabilities Act (ADA), persons in need of a special accommodation

to participate in this proceeding shall, within three (3) days prior to any proceeding, contact the Park Board Administration

Office, 601 Tremont, Galveston Texas 77550 (409 -797-5147)

I.

II.

III.

IV.

V.

VI.

VII.

A.

Documents:

B.

Documents:

C.

Documents:

D.

Documents:

E.

Documents:

F.

Documents:

G.

Documents:

H.

Documents:

I.

Documents:

J.

Documents:

VIII.

A.

Documents:

B.

Documents:

IX.

A.

Documents:

B.

Documents:

X.

Documents:

XI.

XII.

XIII.

Documents:

XIV.

NOTICE OF REGULAR MEETINGPark Board of Trustees of the City of Galveston

Tuesday, June 26, 2018 at 1:30 p.m.Park Board Plaza, Board Room - First Floor 601 Tremont Street, Galveston, Texas 77550

Call Meeting To Order

Pledge Of Allegiance

Roll Call And Declaration Of A Quorum

Conflict Of Interest Declarations

Requests To Address The Board

The public shall be allowed to address the Board regarding one or more agenda or non-agenda items. All requests to address the Board must be submitted in writing to the Board Reporter the day of the Board meeting. Each person shall be limited to three (3) minutes regardless of the number of items addressed.

Recognition Of Sarah Alexander, CVB (Meg Winchester)

Consent

Discuss And Consider Approval Of Meeting Minutes

BOARD OF TRUSTEES REGULAR MEETING MINUTES 05-22-2018.PDF

Discuss And Consider Renewal Of Agreement With Swagit Productions For Video Streaming Services Of Board Of Trustee Meetings (Schel Heydenburg)

SWAGIT AGREEMENT.PDF

Discuss And Consider Award Of Contract Renewal To Scott Johnson Dba Island Ice Area #17-#20 (61st Street To 69th Street) For Frozen Novelties (Chris Saddler)

SCOTT JOHNSON ISLAND ICE.PDF

Discuss And Consider Amending Agreement With Randall Bowers, DBA Beach Service Area #13 (46th And 47th Street) For Umbrella And Chairs (Chris Saddler)

RANDALL BOWERS AREA 13 DOUBLE BLOCK UPDATE.PDF

Discuss And Consider Purchase Of Public Litter Receptacles For Seawall From TOTER (Jesse Ojeda)

PUBLIC LITTER RECEPTACLES OVERVIEW.PDFTOTER RECEPTACLE QUOTE.PDF

Discuss And Consider Approval Of Compensation Study In Conjunction With The City And Port Of Galveston (Kelly De Schaun)

COMPENSATION STUDY OVERVIEW.PDF

Discuss And Consider Approval Of Park Board Resolution For The Gulf Of Mexico Energy Security Act (GOMESA) Funding (Kelly De Schaun)

GOMESA OVERVIEW.PDFRESOLUTION GOMESA.PDF

Discuss And Consider Approval Of Tourism Development Expenditures (Meg Winchester)

TOURISM DEVELOPMENT CONSENT FORM JUNE 26.PDF

Discuss And Consider Sponsorship Of "A Fishing Story" (Bryan Kunz)

A FISHING STORY OVERVIEW.PDFPROPOSAL FOR GALVESTON CVB FROM A FISHING STORY.COMPRESSED (1).PDF

Discuss And Consider The Award Of Bid To Fermata, Inc. For Interpretive Panel Design For The Trail At East End Lagoon (Sheryl Rozier)

2018-06-26 -- CMP CYCLE 21 EEL TRAIL INTERPRETIVE PANEL DESIGN.PDF

Administration

Discuss And Consider 2018-2019 Hotel Occupancy Tax (HOT) Budget (Kelly De Schaun, Mike Moser)

2018-2019 HOT BUDGET.PDFHOTEL TAX 2018.PDF

Discuss And Consider Approval Of Second Reading Of Addition To The Park Board Of Trustees By-Laws For Reserve Fund Policy (Carla Cotropia)

RESERVE FUND BY-LAW ADDITION.PDF

Coastal Zone Management

Discuss And Consider Cost Structure For Services Associated With Sargassum Relocation (Kelly De Schaun)

COST OF SERVICES CS.PDF

Discuss And Consider Third Party Operation Under The U.S. Army Corps Of Engineers Beach Maintenance Permit #SWG-2014-00448 (Kelly De Schaun)

THIRD PARTY BEACH MAINTENANCE PERMIT OVERVIEW.PDF2017-03-21 DRAFT COASTAL ZONE STEWARDSHIP COORD ESTIMATED PROGRAM COSTS.PDF2018-06-19 WM PROGRAM.PDF

Executive Director Update (Kelly De Schaun, 10 Minutes)

EXECUTIVE DIRECTOR UPDATE.PDF

Discuss Recommendations And Comments From Outgoing Chair (Joyce McLean, 10 Minutes)

Future Agenda Items

Announcements

JUNE ANNOUNCEMENTS.PDF

Adjournment

I certify that the above Notice of Meeting was posted in a place convenient to the public, in accordance with

Chapter 551 of the Texas government Code, on or before June 22, 2018, 5:00 p.m.

Approved Approved as to Format

Via Email Via EmailJoyce Calver McLean, Chair Carla Cotropia, Legal

Counsel

Please Note Members of the City Council may be attending and participating in the discussion.

In accordance with the provisions of the Americans with Disabilities Act (ADA), persons in need of a special accommodation

to participate in this proceeding shall, within three (3) days prior to any proceeding, contact the Park Board Administration

Office, 601 Tremont, Galveston Texas 77550 (409 -797-5147)

I.

II.

III.

IV.

V.

VI.

VII.

A.

Documents:

B.

Documents:

C.

Documents:

D.

Documents:

E.

Documents:

F.

Documents:

G.

Documents:

H.

Documents:

I.

Documents:

J.

Documents:

VIII.

A.

Documents:

B.

Documents:

IX.

A.

Documents:

B.

Documents:

X.

Documents:

XI.

XII.

XIII.

Documents:

XIV.

https://www.galvestonparkboard.org/a74aae63-5d56-4534-b636-ee249bb77860

Agenda Item: Discuss and Consider Renewal of Agreement with Swagit Productions for Video

Streaming Services of Board of Trustee Meetings

Background: On November 8, 2016 the Board of Trustees approved the contract with Swagit

Productions to video stream and index the Board of Trustee meetings on the Park Board website. The

video streaming services began with the April 24, 2017 Board meeting.

The contract term was for one year, with a one year option. The cost to renew the contract will not

increase from the current price of $895.00 per month, $10,740.00 annually.

Staff Recommendation: Staff recommends renewal of this contract to continue the video streaming and

indexing of the Board of Trustee meetings.

Funding Source (if applicable): GF50-5135 - $10,740.00

1

AGREEMENT FOR VIDEO STREAMING SERVICES

PARK BOARD OF TRUSTEES OF THE CITY OF GALVESTON

and SWAGIT PRODUCTIONS, LLC

_________________________________ This Agreement for Video Streaming Services (“Agreement”) is made by and between the Park Board of Trustees of the City of Galveston, Texas (“Client”), a political subdivision of the City of Galveston, Texas, with offices at 601 Tremont Street, Galveston, Texas 77550, and Swagit Productions, LLC, (“Provider”) a Texas Limited Liability Company, with offices at 12801 N. Central Expressway, Suite 900, Dallas, Texas 75243 effective as of the date written below.

RECITALS A. The Client desires to enter into this Agreement in order to obtain video streaming

services for scheduled board meetings as outlined in the Scope of Services attached as Exhibit “A”; and

B. Provider has available and offers to provide the personnel necessary to provide said services in accordance with the Scope of Services included in this Agreement (see Exhibit A attached hereto and incorporated herein); and

C. Provider is in the business of providing video streaming services for businesses and governmental entities, and represents and warrants that it has the skills, qualifications, expertise and experience necessary to perform the work and services to provide and implement video streaming services as described herein in an efficient, cost-effective manner with a high degree of quality and responsiveness and has performed and continues to perform the same and similar services for other buyers; and

D. On the basis of and in reliance upon such representations by Provider and others made herein and in Provider’s proposal, the Client desires to engage Provider to provide the work and services described herein under the terms and conditions of this Agreement.

For the reasons recited above, and in consideration of the mutual covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Client and Provider agree as follows:

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1. SERVICES TO BE PERFORMED BY PROVIDER Provider agrees to perform the following work and services for the Client: 1.1 Provider agrees to provide the work and services as set forth in the Scope of

Services.

1.2 Without limiting the foregoing provisions of Section 1.1, the services to be provided by the Provider include the installation (“Installation”) by Provider of all hardware, software, cameras, wiring, and related equipment and materials identified and described in the Scope of Services (collectively, the “Equipment”) within the Park Board of Trustees of the City of Galveston’s meeting room located at 601 Tremont Street, Galveston, Texas 77550 (the “Site”). Before installing the same, Provider shall deliver to the Client, for review and consideration of approval, drawings or plans and specifications for such Installation. The Client’s approval of any Installation or related plans does not and shall not constitute a representation or warranty by the Client that the Installation or related plans comply with any specifications therefor or with any applicable governmental laws, rules, codes, standards, or regulations.

2. COMPENSATION OF PROVIDER 2.1 Provider agrees to provide all of the services and Equipment set forth in the Scope

of Services and as described herein for the following amounts:

(a) A one-time charge not to exceed:

(i) Seven Thousand Five Hundred and No/100 Dollars ($7,500.00) for Swagit EASE hardware/software and other related (including, without limitation, Installation) costs (as identified and detailed on the attached Exhibit “A”, page 3, “Streaming Video Hardware”); and

(ii) Eleven Thousand Sixty and No/100 Dollars ($11,060.00) for broadcast system hardware/software and other related (including, without limitation, Installation) costs (as identified and detailed on the attached Exhibit “A”, page 5, “Cosmos Broadcast System”); and

(b) Following the Installation at the Site of all Equipment by Provider and the acceptance thereof by the Client, the Client shall pay to provider a monthly fee in the amount of Eight Hundred Ninety-Five and No/100 Dollars ($895.00) for on-demand streaming, live video streaming and remote switching (as identified and described on the attached Exhibit “A”, page 3, “Streaming Video Monthly Managed Services”).

2.2 Except as set forth herein, payments will be processed on a monthly basis (the Client may elect annual basis) with payment available within 30 days after receipt of an invoice for the previous month’s service. All payments pursuant to this Agreement shall be paid in accordance with the Texas Prompt Payment Act, Texas

3

Gov’t Code Chapter 2251.

2.3 Should the Client fail to pay any invoice that is outstanding more than 60 days, a 5% service fee will be applied to the total amount of that invoice, not including any shipping or sales tax.

3. RIGHTS, OBLIGATIONS AND REPRESENTATIONS OF PROVIDER 3.1 Independent Contractor. The parties agree that Provider performs specialized

services and that Provider enters into this Agreement with the Client as an independent contractor. Nothing in this Agreement shall be construed to constitute Provider or any of Provider’s agents or employees as an agent, employee or representative of the Client. Further, nothing in this Agreement is intended nor shall be construed to create an employer-employee relationship, a joint venture relationship, a joint enterprise, or to allow the Client to exercise discretion or control over the manner in which Provider performs the work and services, which are the subject matter of this Agreement. As an independent contractor, Provider is solely responsible for all labor and expenses in connection with this Agreement and for any and all damages arising out of Provider’s performance under this Agreement.

3.2 Provider’s Control of Work. All services to be provided by Provider shall be

performed in accordance with the Scope of Services. Provider shall furnish the qualified personnel, materials, equipment and other items necessary to carry out the terms of this Agreement. Provider shall be responsible for and in full control of the work of all such personnel. Provider warrants and represents that all Equipment and other goods and materials provided by Provider shall be safe, fully operational, and will not cause injury or damage to any person or property, and that all persons provided by Provider to perform the work and services under this Agreement shall be adequately trained and capable of performing the work and services.

3.3 Reports to the Client. Although Provider is responsible for control and supervision

of work and services performed under this Agreement, the work and services provided shall be acceptable to the Client and shall be subject to a general right of inspection and supervision to ensure satisfactory completion. This right of inspection and supervision shall include, but not be limited to, all reports to be provided by Provider to the Client and the right of the Client, as set forth in the Scope of Services.

3.4 Compliance with All Laws. Provider shall comply with all applicable laws, statutes,

ordinances, rules, regulations, standards, codes, and executive orders of the federal, state and local government, which may affect the performance of this Agreement.

3.5 Organization and Authorization. Provider warrants and represents that: (i) it is a

limited liability company duly organized, validly existing and in good standing under

4

the laws of the State of Texas, and which shall remain in good standing throughout the term of this Agreement; (ii) it has the requisite power and authority to carry on its business as it is now being conducted; (iii) it has the legal capacity to enter into this Agreement; (iv) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement have been authorized and approved by all action required on the part of Provider; (v) has the right and authority to sell the hardware and software to the Client; (vi) all hardware and software shall be in good working order; and, (vii) all licenses and warranties regarding the software and hardware shall be conveyed to the Client.

3.6 No Conflict. Provider warrants and represents that the execution and delivery of

this Agreement and ancillary agreements hereto by Provider does and will not: (i) conflict with, or result in any violation or breach of, any provision of Provider’s charter documents; (ii) result in any violation or breach of, or constitute a default under, or require a consent or waiver under, any of the terms, conditions or provisions of any license, contract or other agreement to which Provider is a party; or (iii) conflict with or violate any franchise, license, judgment, order, statute, law, rule or regulation applicable to Provider.

3.7 Camera and Broadcast Operations. Although Provider is responsible for control

and supervision of work and services performed under this Agreement, the Client understands that the operation of the camera and broadcast system can be done remotely. Such remote operation requires access via inbound TCP port 2001, outbound TCP ports 21, 80, 443, 1935, 5721, and outbound UDP ports 53, 123. The Client will need to supply the Provider with access to such TCP and UDP ports with respect to the Client’s Internet connection. If, such access is not given or the Client’s Internet connection fails during operations, the Provider will not be held responsible for remote camera operations. Additionally, in the event the Provider decides to operate such system manually, the Client shall provide access to the equipment (as identified and described in the Scope of Services, page 5, “Cosmos Broadcast System”) at the Site described in Section 1.2, above.

3.8 Warranty. Provider warrants that: (i) any streaming server hardware provided by

Swagit not in good working order and used under normal operating conditions, will be fully replaced for a period of three (3) years; (ii) thereafter, all costs of streaming server hardware replacement due to any failure or caused by normal wear and tear, shall be at the Client’s expense; (iii) all operating and proprietary software for any streaming server shall be fully replaced or upgraded, at no cost to the Client, for the life of the contract; and, (iv) all hardware and software for the broadcasting equipment (as identified and described in the Scope of Services, page 5, “Cosmos Broadcast System”), shall be replaced or fixed with respect to each components manufacturer’s warranties based on date of original purchase.

3.9 Provider’s Service Network. Provider’s content delivery network and service level

represents that: (i) it maintains full N+1 redundancy on all service critical-infrastructure in order to protect against outages. Multiple mirror facilities provide diverse geographic redundancy. Within each facility servers have multiple power supplies, network interfaces and RAID protected storage. Provider is connected to

5

upstream bandwidth providers by multiple gigabit uplinks, transitioning to gigabit and ten-gigabit connections to multiple “tier 1” bandwidth providers, offering route diversity and redundancy. These bandwidth providers maintain 24/7 staffs familiar with mitigating Denial of Service attacks, should the need arise, which they have sufficient capacity to absorb-and-filter; (ii) Provider utilizes external, 3rd party monitoring services to track server availability metrics. This service tracks availability from approximately 30 international points which helps isolate regional networking issues, in addition to any centralized failures; (iii) Content is stored and viewable to the public on the Provider’s networks for a period of three years or as defined by the managed services agreement. All Content is stored and backed up offline indefinitely for the life of the Agreement. Content can also be stored locally on the Client’s network for an indefinite period of time limited only by storage capacity, with the added benefit of cached delivery to local users. Client is consulted before they exceed any storage horizon and may extend the window for additional years; (iv) Content is stored in widely accessible formats and is available for export at any time. Exported data will include multimedia content and associated documents in their native format as well as any structured metadata in XML format. Access to exported content can be via FTP but in such an event the Client is encouraged to provide a portable hard drive to ease the transition of storage and bandwidth intensive content; and (v) the Client may verify compliance with these policies at any time in consultation with Provider engineers and officers.

4. NOTICE PROVISIONS Notice. Any notice concerning this Agreement shall be in writing and (i) sent by certified or registered mail, return receipt requested, postage prepaid, (ii) delivered personally, or (iii) placed in the custody of Federal Express Corporation or other nationally recognized carrier to be delivered overnight; and addresses for such notice are as follows:

To the Client’s Authorized Representative:

To Provider:

Schel Heydenburg Senior Administrative Assistant Park Board of Trustees of the City of Galveston 601 Tremont Street, Galveston, TX 77550

409/797-5147

David Owusu Director of Streaming Swagit Productions, LLC

12801 N. Central Expressway, Ste 900 Dallas, Texas 75243 800/573-3160

Notice shall be deemed given upon receipt by the party to whom it is sent. 5. INDEMNIFICATION

Provider (hereinafter referred to as “Indemnitor”) agrees to indemnify, save and hold harmless the Client, any jurisdiction or agency issuing permits for any work under this

6

Agreement, and their respective directors, officers, officials, agents, employees and volunteers (hereinafter referred to as "Indemnitee") from and against any and all liabilities, damages, losses, or expenses (including court costs, attorney's fees, and costs of claim processing, investigation and litigation) (hereinafter collectively referred to as "Claims") for personal injury (including death) or property damage to the extent caused by the negligent act, omission, negligence or misconduct of the Indemnitor, or any of Indemnitor’s directors, officers, agents, employees or volunteers. This indemnity includes any claim or amount arising or recovered under the Workers' Compensation Law or arising out of the failure of Provider to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree in effect at the time services are rendered. Provider shall be responsible for defense, and judgment costs where this indemnification is applicable. 6. INSURANCE Provider and its subcontractors shall procure and maintain in a company or companies lawfully authorized to do business in Texas and until all of their obligations have been discharged and satisfied (and including during any warranty periods under this Agreement), insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the services and work hereunder by Provider, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The Client in no way warrants that the minimum limits contained herein are sufficient to protect Provider from liabilities that may arise out of the performance of the services and work under this Agreement by Provider, its agents, representatives, employees or subcontractors and Provider is free to purchase additional insurance as may be determined necessary. A. Minimum Scope and Limits of Insurance. Provider shall provide coverage at least

as broad and with limits of liability not less than those stated below. 1. Commercial General Liability - Occurrence Form (Form CG 0001, ed. 10/93 or any replacements thereof) General Aggregate $2,000,000 Products-Completed Operations Aggregate $1,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any one fire) $ 50,000 Medical Expense (Any one person) Optional

(This coverage must be amended to provide for an each-project aggregate limit of insurance)

2. Workers' Compensation and Employer’s Liability Workers' Compensation Statutory Employer's Liability: Each Accident $ 500,000 Disease-Each Employee $ 500,000

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Disease-Policy Limit $ 500,000 3. Professional Liability $1,000,000 B. OTHER INSURANCE REQUIREMENTS: The foregoing insurance policies shall be

endorsed to contain the following provisions:

1. The Park Board of Trustees of the City of Galveston, its officers, officials, agents, employees and volunteers shall be named as additional insureds with respect to general liability, including liability arising out of activities performed by, or on behalf of, the Provider; products and completed operations of the Provider, and automobiles owned, leased, hired or borrowed by the Provider.

2. The Provider's insurance shall contain broad form contractual liability

coverage. 3. The Park Board of Trustees of the City of Galveston, its, officers,

officials, agents, employees and volunteers shall be additional named insureds to the full limits of liability purchased by the Provider even if those limits of liability are in excess of those required by this Agreement.

4. The Provider's insurance coverage shall be primary insurance with

respect to the Client, its, officers, officials, agents, and employees (and must be endorsed to read as primary coverage regardless of the application of other insurance). Any insurance or self-insurance maintained by the Client, its officers, officials, agents, employees, or volunteers shall be in excess to the coverage of the Provider's insurance and shall not contribute to it.

5. The Provider's insurance shall apply separately to each insured against

whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. Coverage provided by the Provider shall not be limited to the liability

assumed under the indemnification provisions of this Agreement.

7. The policies shall contain a waiver of subrogation in favor of the Client, its officers, officials, agents, and employees.

8. All liability policies shall contain no cross liability exclusions or insured

versus insured restrictions applicable to the claims of the Park Board of Trustees of the City of Galveston.

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9. All insurance policies shall be endorsed to require the insurer to immediately notify the Park Board of Trustees of the City of Galveston of any material change in the insurance coverage.

10. Provider may maintain reasonable and customary deductibles, subject

to approval of the Client. 11. Insurance must be purchased from insurers that are financially

acceptable to the Client and licensed to do business in the State of Texas.

6.1 Notice of Cancellation. Each insurance policy required by the insurance provisions

of this Agreement shall provide the required coverage and shall not be suspended, voided or canceled, or not renewed, except after sixty (60) days prior written notice has been given to the Client, except when cancellation is for non-payment of premium, then at least ten (10) days prior notice shall be given to the Client. Such notice shall be sent directly to:

Schel Heydenburg Senior Administrative Assistant

Park Board of Trustees of the City of Galveston 601 Tremont Street,

Galveston, TX 77550 6.2 Acceptability of Insurers. Insurance shall be placed with insurers duly licensed or

authorized to do business in the State of Texas and with an “A.M. Best” rating of not less than A- VII, or receiving prior approval by the Client. The Client in no way warrants that the above-required minimum insurer rating is sufficient to protect Provider from potential insurer insolvency. All insurance must be written on forms filed with and approved by the Texas Department of Insurance.

6.3 Verification of Coverage. Prior to commencing work or services, Provider shall

furnish the Client with certificates of insurance (ACORD form or equivalent approved by the Client) as required by this Agreement (and update the same as needed to comply with this Agreement). The certificates for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

Certificates of Insurance shall: 1. List each insurance coverage described and required herein. Such

certificates will also include a copy of the endorsements necessary to meet the requirements and instructions contained herein.

2. Specifically set forth the notice-of-cancellation or termination provisions to the Park Board of Trustees of the City of Galveston.

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All certificates and any required endorsements shall be received and approved by the Client before work commences. Each insurance policy required by this Agreement shall be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal shall constitute a material breach of contract.

All certificates required by this Agreement shall be sent directly to Schel Heydenburg, Senior Administrative Assistant, Park Board of Trustees of the City of Galveston, 601 Tremont Street, Galveston, TX 77550. The Client reserves the right to request and receive within ten (10) days, complete copies of all insurance policies (certified to be true and correct by the insurance carrier) required by this Agreement at any time. The Client shall not be obligated, however, to review same or to advise Provider of any deficiencies in such policies and endorsements, and such receipt shall not relieve Provider from, or be deemed a waiver of the Client’s right to insist on, strict fulfillment of Provider’s obligations under this Agreement. 6.4 Subcontractors. Providers’ certificate(s) shall include all subcontractors as

additional insureds under its policies or Provider shall furnish to the Client separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements and all provisions identified above.

6.5 Approval. Any modification or variation from the insurance requirements in this

Agreement shall be made by the Client’s risk manager, whose decision shall be final. Such action shall not require a formal amendment to this Agreement, but may be made by administrative action.

7. DEFAULT AND TERMINATION Events of Default Defined. The following shall be Events of Default under this Agreement:

7.1.1 Any material misrepresentation made by Provider to the Client; 7.1.2 Any failure by Provider to perform its obligations under this Agreement

including, but not limited to, the following:

7.1.2.1 Failure to commence work at the time(s) specified in this Agreement due to a reason or circumstance within Provider’s reasonable control;

7.1.2.2 Failure to perform the work with sufficient personnel and equipment or with sufficient equipment to ensure completion of the work within

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the specified time due to a reason or circumstance within Provider’s reasonable control;

7.1.2.3 Failure to perform the work in a manner reasonably satisfactory to the Client;

7.1.2.4 Failure to promptly correct or re-perform within a reasonable time work that was rejected by the Client as unsatisfactory or erroneous;

7.1.2.5 Discontinuance of the work for reasons not beyond Provider’s reasonable control;

7.1.2.6 Failure to comply with a material term of this Agreement, including, but not limited to, the provision of insurance; and

7.1.2.7 Any other acts specifically stated in this Agreement as constituting a default or a breach of this Agreement.

7.2 Remedies. The following shall be remedies under this Agreement.

7.2.1 Upon the occurrence of any Event of Default, the Client may declare Provider in default under this Agreement. The Client shall provide written notification of the Event of Default and any intention of the Client to terminate this Agreement. Upon the giving of notice, the Client may invoke any or all of the following remedies:

7.2.1.1 The right to cancel this Agreement as to any or all of the services yet

to be performed;

7.2.1.2 The right of specific performance, an injunction or any other appropriate equitable remedy;

7.2.1.3 The right to monetary damages;

7.2.1.4 The right to withhold all or any part of Provider’s compensation under this Agreement;

7.2.1.5 The right to deem Provider non-responsive in future contracts to be awarded by the Client; and

7.2.1.6 The right to seek recoupment of public funds spent for impermissible purposes.

7.2.2 The Client may elect not to declare an Event of Default or default under this Agreement or to terminate this Agreement upon the occurrence of an Event of Default. The parties acknowledge that this provision is solely for the benefit of the Client, and that if the Client allows Provider to continue to provide the services despite the occurrence of one or more Events of Default, Provider shall in no way be relieved of any of its responsibilities or

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obligations under this Agreement, nor shall the Client be deemed to waive or relinquish any of its rights under this Agreement.

7.3 Right to Offset. Any excess costs incurred by the Client in the event of termination of this Agreement for default, or in the event the Client exercises any of the remedies available to it under this Agreement, may be offset by use of any payment due for services completed before termination of this Agreement for default or the exercise of any remedies. If the offset amount is insufficient to cover excess costs, Provider shall be liable for and shall remit promptly to the Client the balance upon written demand from the Client.

8. GENERAL PROVISIONS 8.1 Headings. The section and subsection headings contained herein are for

convenience only and shall not be used in interpretation of this Agreement and are not intended to define or limit the scope of any provision of this Agreement.

8.2 Governing Law and Venue. This Agreement shall be governed by and

administered and interpreted under the laws of the State of Texas, without regard to any conflict of laws provisions. Venue for any action, cause or action or proceeding under this Agreement lies exclusively in the State District Court of Galveston County, Texas, and the parties agree to submit to the personal and subject matter jurisdiction of said court.

8.3 Severability. The sections, paragraphs, sentences, phrases, words, and all other

provisions of this Agreement are severable, and if any part of this Agreement is determined by a court of competent jurisdiction to be illegal, unlawful, unconstitutional, or void for any reason, the parties intend that the remaining provisions of this Agreement shall remain in full force and effect unless the stricken provision leaves the remaining Agreement unenforceable.

8.4 Attorney’s Fees. If suit or action is initiated in connection with any controversy

arising out of this Agreement, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees, or in event of appeal as allowed by the appellate court.

8.5 Assignment. This Agreement is binding on the heirs, successors and assigns of

the parties hereto. This Agreement may not be sold, assigned, pledged, subcontracted, transferred or otherwise conveyed by any means whatsoever by either the Client or Provider without prior written consent of the other, and any sale, assignment, pledge, subcontract, transfer or other conveyance by either party without the other party’s prior written consent shall be null and void.

8.6 Conflict of Interest. Provider covenants that Provider presently has no interest and

shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the work and services required to be performed under this Agreement. Provider further covenants that in the performance of this

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Agreement, Provider shall not engage any employee or apprentice having any such interest.

8.7 Authority to Contract. The undersigned officers and/or representatives of the

parties hereto are the properly authorized persons and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that it has taken all actions necessary to authorize entering into this Agreement.

8.8 Integration; Modification. This Agreement represents the entire understanding of

Client and Provider as to those matters contained in this Agreement, and no prior oral or written understanding shall be of any force or effect with respect to those matters. This Agreement may not be modified or altered except in writing signed by duly authorized representatives of the parties.

8.9 Non-appropriation. If the Board does not appropriate funds to continue this Contract and pay for charges hereunder, the Client may terminate this Agreement at the end of the then current fiscal year, or at the time that funds are no longer available to meet the Client’s payment obligations hereunder. The Client agrees to give written notice of termination to the Provider at least sixty (60) days prior to any termination for non-appropriation of funds and will pay the Provider in accordance with this Agreement through the date of termination of this Agreement.

8.10 Subcontractors. This Agreement or any portion hereof shall not be sub-

contracted without the prior approval of the Client. No subcontractor shall, under any circumstances, relieve Provider of its liability and obligation under this Agreement. The Client shall deal through Provider and any subcontractor shall be dealt with as a worker and representative of Provider. Provider assumes responsibility to the Client for the proper performance of the work and service of all subcontractors and any acts and omissions in connection with such performance. Nothing in this Agreement shall, or is intended or deemed to, create any legal, contractual or other relationship between the Client and any subcontractor or sub-subcontractor.

8.11 No Waiver. The failure by the Client to exercise any right, power, or option given

to it by this Agreement, or to insist upon strict compliance with the terms of this Agreement, shall not constitute a waiver of the terms and conditions of this Agreement for any reason whatsoever, including with respect to any such right, power or option or to such compliance or to any other or subsequent default or breach hereof, nor a waiver by the Client of its rights at any time to exercise any such right, power or option or to require exact and strict compliance with all the terms hereof. Any rights and remedies the Client may have arising out of this Agreement shall survive the cancellation, expiration or termination of this Agreement.

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8.12 No Third Party Beneficiaries. This Agreement and all of its provisions are solely for the benefit of Provider and the Client and are not intended to and shall not create or grant any rights, contractual or otherwise, to any third person or entity.

8.13 “Includes”. For purposes of this Agreement, "includes" and "including" are terms

of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded.

8.14 Incorporation of Recitals and Exhibits. The Exhibits and Recitals to this

Agreement are incorporated herein and made a part hereof for all purposes. 9. DISCLOSURE OF AGREEMENT; INTERLOCAL ARRANGEMENTS. 9.1 Disclosure of Agreement Terms. The terms and conditions of this Agreement

may be disclosed by either party to other public agencies for the purpose of such other agencies purchasing services under this Agreement pursuant to an interlocal or cooperative arrangement with the Client. In addition, Provider may disclose the terms and conditions of this Agreement in an effort to show that the terms offered to another public agency are fair and reasonable or to determine the best value. It is understood that the Provider shall not be precluded from disclosing the terms and conditions of its form of Service Agreement to any other third party at Provider’s sole discretion and for any reason.

9.2 Included Parties; Interlocal Agreement. Pursuant to any interlocal,

intergovernmental, or other such cooperative agreement with the Client, Provider will accept orders from, and will furnish the Provider’s Software, Hardware, Professional Services, and Managed Services as outlined in the Proposal to any governmental agency or other public entity authorized by the Client to use the Proposal, based upon substantially the same terms and conditions of this Agreement, with the exception of price schedules.

9.3 Political Subdivision Participation. The Provider agrees to supply, sell, and

contract separately with other similar or related political subdivisions (i.e., colleges, school districts, counties, cities, etc.) of the Client, based upon substantially the same terms and conditions of this Agreement, with the exception of price schedules, in an effort to establish the terms and conditions as fair and reasonable.

10. DURATION This Agreement shall become effective on the last day of execution by the parties, and shall continue in force for an initial term of twelve (12) months, unless sooner terminated as provided above. All pricing is to remain firm during the contract period. This Agreement may be renewed for additional one (1) year periods, at the Client's sole discretion and with the written approval of the Client, unless terminated by either party

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providing written notice of its intent to terminate the Agreement to the other party not less than sixty (60) days prior to the end of the then current term. 11. SURVIVAL OF COVENANTS Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 12. COUNTERPARTS This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. Park Board of Trustees of the City of Galveston

Swagit Productions, LLC

Kelly de Shaun, Executive Director Bryan R. Halley, President Approved as to form:

Attorney Date of Execution:

Agenda Item:

Discuss and Consider award of contract renewal to Scott Johnson dba Island Ice Area #17-#20 (61st Street to 69th Street) for Frozen Novelties.

Staff is requesting to renew the agreement with Scott Johnson for Area 17-20 in the amount of $7,000.00. Staff is requesting a three-year agreement, the reason for the three-year agreement is to take all of the contract extension to Oct 30,2020 and also renewal option. Staff has added language for the vendor to enroll their staff in the CTA program and pricing could be adjusted in the three-year's agreement if the PAC committee and the Trustees made any adjustments to the concessionaire packet.

Staff Recommendation:

Staff is recommending to renew agreement with Scott Johnson for Area 17-20 in the amount of $7,000.00. The term of the agreement will be three-years and expire October 31, 2020.

Funding Source (if a budgetary item):

AMENDMENT TO THE CONCESSION AGREEMENT FOR SCOTT JOHNSON DBA INDIVIDUALLY AND ISLAND ICE LOCATED AT SERVICE AREA #17-#20 (61st to 69th Street)

WHEREAS, on , the Park Board of Trustees of the City of Galveston (Park Board) entered into a Concession Agreement with Scott Johnson dba Individually and Island Ice (Concessionaire). A copy of the Concession Agreement is attached as Exhibit A. (Concession Agreement).

WHEREAS, the Concession Agreement terminates on June 28, 2018.

WHEREAS, the Park Board and Concessionaire wish to extend the termination date of the Concession Agreement to October 31, 2020.

WHEREAS, this Amendment is subject to the Concessionaire’s satisfactory completion of all items on the vendor checklist, attached as Exhibit B.

THEREFORE, for the mutual consideration contained in this Amendment, the parties do agree as follows: 1. All terms in the Concession Agreement remain the same except for the termination date and

the payment dates and amounts.2. The Concession Agreement is extended until October 31, 2020.3. The annual fee for 2018 is $4,666.66 & 2019 is $7,000.00 year, payable (on or

before) as follows:2018: At signing of Agreement $2,333.33 September 1 - $2,333.332019: April 1 - $2,333.33 June 1 - $2,333.33 August 1 - $2,333.342020: The yearly fee for 2020 is subject to an increase in the amount of the Consumer PriceIndex All Urban Consumers (CIP) in January, 2020. Upon calculation, you will be notified inwriting of any increase: the payment dates will remain the same.

4. Each year, the Concessionaire agrees to enroll at least one of their employees in the CTAprogram by the Labor Day weekend. The CTA program is offered by the Galveston CVB.

5. This Amendment is subject to the completion of all items on the vendor checklist, attached asExhibit B. Once the Park Board reviews the vendor checklist and determines it is in compliance,the Concessionaire will be given written approval for the continuation of their operations.

6. If the vendor checklist is not completed to the satisfaction of the Park Board, the ConcessionAgreement will terminate on July 1, 2018.

7. All remaining terms and conditions of the Concession Agreement remain the same.

DATE: CONCESSIONAIRE:

PARK BOARD: Scott Johnson, Individually

Kelly de Schaun Executive Director Island Ice

CONCESSION AGREEMENT WITH SCOTT JOHNSON D/B/A ISLAND ICE AT AREAS 17 – 20 (61st UP TO 69TH)

THE STATE OF TEXAS § § COUNTY OF GALVESTON §

THIS AGREEMENT is made and entered into effective June 29, 2016, by and between the Park Board of Trustees of the City of Galveston (hereinafter referred to as "Park Board") and Scott Johnson d/b/a Island Ice (hereinafter referred to as "Concessionaire").

WHEREAS, the Park Board has leased a portion of the beach south of the Seawall between 61st Street and 103rdth Street ("West Beach") from the State of Texas under a surface lease ("Surface Lease"); and

WHEREAS, the Surface Lease expires on October 31, 2035.

NOW THEREFORE, Park Board does agree as follows:

1. Term. The term of this Agreement shall commence on June 29, 2016, and terminate on June 28, 2018, unless sooner terminated under the provisions herein. Concessionaire may request an additional two (2) year term. This additional term is contingent on the approval of Park Board and subject to any additional terms and conditions. There is no guarantee that an additional term of two (2) years will be given.

2. Concession Fee. For the first year fee, the Concessionaire agrees to pay Park Board the amount of $3750.00 due on the execution of this agreement. For the second year fee, the Concessionaire agrees to pay $7,000.00. Payment is due in two equal payments of $3,500.00 on April 1, 2017 and June 1, 2017.

3. Laws & Restrictions. Concessionaire shall, in connection with any current or future improvements, use or maintenance of the premises and all activities associated therewith, strictly comply with all applicable laws, rules, ordinances, restrictions, and regulations. Concessionaire shall secure and maintain all permits and licenses required for his activities at his own expense, including, without limitation, a vendor permit from the City, if applicable. No non-moveable structure may be constructed or allowed on the premises.

4. Scope and Use. Concessionaire has a non-exclusive right to sell frozen novelties at Area 17-20 (61st up to 69th Street). No glass containers will be allowed on or about the premises. All city codes must be complied with and all needed permits obtained prior to the sale or lease. This is non-exclusive use. Concessionaire agrees that he cannot sell anything else, including but not limited to soft drinks, water, ice, food types, chips, snacks, souvenirs, gifts, swimwear, or beach supplies.

A. Concessionaire is allowed to have sales at Areas 17-20 by selling from a stationary vending trailer and/or push carts.

Galveston Park Board of Trustees Regular Meeting - June 28, 2016

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B. Concessionaire must operate the vending trailer and push carts in a safe manner. Park Board reserves the right, and Concessionaire agrees, to limit and/or restrict the location of the vending trailer and/or push carts.

C. No other use under this concession agreement shall be permitted, other than the rights herein specifically granted, unless consent to such use is obtained, in writing, from the Park Board Executive Director.

D. No portion of the concession premises is being leased to Concessionaire. Concessionaire is a licensee and not a leasee of the concession premises, and the right of Concessionaire to occupy the concession premises shall continue only so long as all of the terms of this Agreement are strictly and promptly complied with by Concessionaire.

E. Park Board retains the right to award other concession agreements, licenses, or permits to other parties, and to make any and all improvements it deems necessary to the premises during the term of this Agreement. This Agreement is non-exclusive. There may be other vendors that sell the same or similar products. Also Park Board may have marketing agreements which allow for the free handout of items that may be the same or similar as the products sold by Concessionaire.

5. Taxes. Any and all taxes which may be lawfully imposed upon the property or business of Concessionaire on the premises shall be paid promptly by Concessionaire. On a quarterly basis, Concessionaire shall provide Park Board with proof of payment of all applicable sales taxes. Concessionaire shall furnish Park Board with receipts and any other verification requested by Park Board showing compliance prior to delinquency.

6. No Assignment. Concessionaire shall not mortgage, pledge, transfer or assign this Agreement or any privileges hereunder, or any interest whatsoever in connection with this Agreement.

7. Park Board Rules and Right to Audit. The use and occupation of the premises shall be subject to any and all rules and regulations as may be prescribed by Park Board from time to time. Concessionaire shall allow access to Park Board to review his books and records, as needed.

8. Right of Re-Entry. The right is hereby reserved to Park Board, the City, and to the State of Texas, their officers, agents, and employees to enter upon the said premises at any time for inspection or for any governmental purpose, to remove persons, equipment, fixtures, goods, debris, improvements, or other material required or necessary for any official purpose, and Concessionaire shall have no claim for damages of any character on account thereof against Park Board, the City, or the State of Texas, or any officer, agent, or employee thereof.

9. Exoneration. Park Board and the City, and their officers, agents, and employees shall not be responsible to Concessionaire or any other person for: (1) damages to property or injuries to persons which may arise from the use or occupation of the premises by Concessionaire; (2) damages to the property of the Concessionaire; (3) injuries to the person of the Concessionaire's officers, agents, servants, or employees, or any other persons who may be


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on the premises at their invitation or the invitation of any one of them, and the Concessionaire shall hold Park Board and the City harmless from any and all such claims, even though such claims may be caused, or alleged to be caused, in whole or in part, by the negligence of Park Board, the City, or its respective officers, agents, or employees.

10. Notice. Any notice shall be deemed to have been duly given if enclosed in a properly sealed envelope, addressed and deposited, postage pre-paid, in a post office to the following addresses:

Concessionaire: Scott Johnson Mailing Address: 501 Inlewood Drive

Hitchcock, Texas 77563 Physical Address: 501 Inlewood Drive

Hitchcock, Texas 77563 Telephone: 409-256-7227 Telefax:Email:

Park Board: Park Board of Trustees of City of Galveston, TexasAttention: Kelly de Schaun

Executive DirectorAddress: 601 Treemont

Galveston, Texas 77550 Telephone: 409-797-5106 Telefax: 409-762-8911 Email: [email protected]

Either party may notify the other of any change of address by written notice.

11. Termination.

A. This Agreement may be terminated by Park Board upon the happening of any of the following events:

(1) Lapse in required insurance coverage by Concessionaire or failure by Concessionaire to strictly comply with any provisions in this Agreement relating to insurance coverage, allowing any unsafe or dangerous equipment or condition to exist, or by violation of any applicable law, ordinance, rule, or regulation. Termination may be immediate and without advance notice.

(2) The commission by Concessionaire of any act of insolvency, the filing of any voluntary or involuntary actions concerning Concessionaire under any state or federal bankruptcy or other laws for the protection of debtors, an assignment by Concessionaire for the benefit of creditors, or the appointment of a Receiver for Concessionaire or the business of Concessionaire conducted on the premises.


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(3) A breach by the Concessionaire of any other terms or conditions of this Agreement, provided that Concessionaire, subject to any express provision in this Agreement to the contrary, shall first be entitled to ten (10) days’ written notice with the opportunity to cure the default of any other such term or condition within such period, but provided further that Concessionaire will be entitled to notice of default and an opportunity to cure only twice during the term of this Agreement. Any such termination shall be without waiver of any cause of action which may have theretofore accrued. Any waiver by Park Board shall not operate to modify this Agreement, nor shall it in any manner prejudice any rights of Park Board regarding any future violation of any term of this Agreement by Concessionaire.

(4) Concessionaire is convicted of a felony or crime involving a moral turpitude.

(5) By either party giving sixty (60) days’ written notice.

B. This Agreement may be terminated by either party with thirty (30) days’ prior written notice upon the happening of any of the following events:

(1) In the event that Park Board should lose the right to possession of the premises for any reason, including but not limited to, easement, lease, condemnation, exercise of power of eminent domain, failure to extend a license to use, reversion to prior owners, loss of title or loss of license or loss of management; or

(2) In the event that a storm or other natural force causes erosion of the beach on the premises to the extent that it is no longer practical for Concessionaire to conduct the activities permitted herein on the premises.

12. Insurance. Throughout the term of this Agreement or any extensions thereof, Concessionaire shall maintain insurance against public liability for injury to persons (including death) or damage to property resulting from or arising out of, or alleged to have arisen from or resulted from, the operations of the Concessionaire in or about the premises. Such insurance policy shall be in an amount not less than $1,000,000, combined single limit coverage, or such greater amount as shall be from time to time required by Park Board, and shall name Park Board and the City as additional named insureds under said policy, and said policy shall provide for thirty (30) days’ notice to Park Board prior to any cancellation or revision of said policy. Such policy shall be in a form and with an insurance carrier acceptable to the Executive Director of Park Board. Concessionaire agrees that he will make no claim, nor authorize any claim to be made, against and will provide waivers of subrogation from his insurers as to Park Board, its employees, servants, or agents in connection with or as a result of fire, explosion, or other casualty injuring persons or damaging the contents, equipment, furniture, or fixtures in or about the premises. Concessionaire shall at all times provide Park Board with a current copy of all such insurance policies, and with a current copy of certificates of insurance providing for thirty (30) days’ notice prior to cancellation or revision as above provided.


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13. INDEMNITY. CONCESSIONAIRE HEREUNDER AGREES TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS PARK BOARD, THE CITY, AND THEIR INDIVIDUAL TRUSTEES, COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL EXPENSES, DAMAGES, CLAIMS OR CAUSES OF ACTION THAT MAY ARISE IN CONNECTION WITH (A) CONCESSIONAIRE'S FAILURE TO PERFORM HIS OBLIGATIONS HEREIN OR (B) CONCESSIONAIRE'S USE AND OPERATION OF THE PREMISES, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF DEFENSE. THIS INDEMNITY AGREEMENT IS INTENDED TO ENCOMPASS ANY AND ALL MANNER OF CLAIMS (WHETHER FOR BODILY INJURY, DEATH, PROPERTY DAMAGE, FINES, OR CITATIONS FOR VIOLATIONS OF ANY LAW, STATUTE, ORDER, OR REGULATION, OR OTHERWISE), ARISING OUT OF ANY ACTIVITIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, CLAIMS CAUSED BY THE NEGLIGENCE OF PARK BOARD, THE CITY, AND THEIR INDIVIDUAL TRUSTEES, COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THISPARAGRAPH IS INTENDED BY CONCESSIONAIRE TO INDEMNIFY AND PROTECT PARK BOARD, THE CITY, AND THEIR INDIVIDUAL TRUSTEES, COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES FROM THE CONSEQUENCES OF PARK BOARD, THE CITY, AND THEIR INDIVIDUAL TRUSTEES, COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES, WRONGFUL ACTS AND NEGLIGENCE, WHETHER OR NOT THE NEGLIGENCE IS THE SOLE CAUSE OR CONCURRING CAUSE IN THE INJURY, DEATH, OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS CONCESSION AGREEMENT FOR ANY REASON.

14. Limits of Liability. Concessionaire agrees to look solely to Park Board for the performance of its obligations under this Concession Agreement, and agrees that in no event is the City or the individual members of Park Board liable or responsible in any manner for this Concession Agreement, nor for any breach thereof.

15. Access and Signage. Concessionaire shall have reasonable access to the premises over the property of Park Board by virtue of such avenues of ingress and egress, and at such time as Park Board shall direct. Concessionaire shall have no rights, express or implied, in any property belonging to or subject to the management of Park Board, other than the premises. Concessionaire shall not in any manner restrict the public from free access to and use of the beach and to the waters of the Gulf of Mexico, as required by the Texas Open Beaches Act. Concessionaire, and his agents, employees, and vendors shall, in no way, interfere with, impede or adversely affect any property, business or patrons of Park Board. All signage on the premises or advertising on the premises must be approved prior to installation by the Executive Director of Park Board.

16. No Obstruction. Concessionaire shall not keep or display anything or otherwise obstruct the beaches, roads, driveways, walkways, or area ways adjacent to the premises.


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17. Fire Protection. Concessionaire shall install and maintain fire extinguishers and other fire protection and safety devices as may be required from time to time by any governmental or other agency having jurisdiction.

18. Miscellaneous.

A. Concessionaire agrees that all his employees in and about the premises will wear neat and attractive uniforms which are compatible with those worn by Park Board employees or as Park Board shall otherwise direct, and all employees of Concessionaire will at all times maintain a neat and attractive appearance, a professional demeanor and be polite and courteous at all times.

B. Concessionaire will pay the cost of trash and garbage removal, except for routine removal of trash from barrels and routine raking of sand.

C. During the entire time during which this Agreement shall be in effect, Concessionaire will be responsible for all expenses in any manner arising from his duties and activities hereunder.

D. All equipment or other physical objects in or about the premises shall be safe, clean, in good working order, and aesthetically appealing in the opinion of the Park Board. Employees are required to park as directed by the park manager.

19. Attorneys' Fees. Concessionaire agrees to pay all attorneys' fees incurred by Park Board in any manner in connection with the preparation of this Concession Agreement, any negotiations associated therewith, securing all necessary approvals therefore, enforcing any provisions hereof, and any disputes or questions regarding this Agreement.

20. Concessionaire's Acknowledgement.

A. Concessionaire acknowledges and understands the terms of this Concession Agreement and takes the premises subject to the matters identified therein.

B. There may be third parties having rights or claims of rights to the beach, including, without limitation, the premises. Concessionaire acknowledges that he takes any concession rights subject to the rights, if any, of those third parties. The development and activities to be conducted on the premises may be subject to considerable restrictions, including, without limitation, the Texas Open Beaches Act and the Texas Dune Protection Act. Park Board will have the right, but not the obligation, to prevent others from establishing concessions upon certain areas of the premises, to the extent that third parties may have rights in those areas. Concessionaire recognizes that the concession to be granted is not an exclusive right to operate the desired concession, and that other persons may attempt to operate competing concessions. Concessionaire's rights with respect to the premises are granted by Park Board and accepted by Concessionaire in "AS IS" condition and "WITH ALL FAULTS" and without any representation or warranty of any nature whatsoever by Park Board. Concessionaire, by acceptance of this concession,


14

represents that Concessionaire has made such inspection and investigation relating to the premises as Concessionaire deems necessary or appropriate for his purposes.

C. Concessionaire may not restrain or prevent the use of the premises by any person. All persons shall have the right to use their own personal property and equipment in or about the premises, regardless of whether the personal property or equipment consists of items sold or rented by Concessionaire. Concessionaire may not interfere with any person's right to use the beach.

D. Concessionaire acknowledges Park Board cannot assure Concessionaire that the beach will maintain its current configuration and that the beach is subject to erosion, seaweed landings, weather and tidal events. Park Board cannot assure that the impact of these environmental events will be addressed in a manner that is sufficient to Concessionaire. Park Board will not be held responsible for any loss of business due to the impact and management of these types of events. Concessionaire acknowledges that Park Board is not making any promise or warranty that it will add sand to the premises or otherwise nourish the premises in the future. Concessionaire acknowledges that Park Board may add sand or nourish certain portions of the beach and may not add sand or nourish the premises leased by Concessionaire.

22. Environmental Stewardship. The Park Board of Trustees of the City of Galveston recognizes a shared responsibility between it and its concessionaires to act as a positive force for the protection and enhancement of our Island’s natural resources. In thisimportant effort Park Board reaches out and partners with its concessionaires in the implementation of environmental stewardship and sustainability practices that can be applied to daily business operations. Concessionaires operating under the jurisdiction of Park Board are expected to participate in this effort and incorporate sound environmental practices that achieve the overarching goal of protection, sustainability and enhancement of our natural resources.

IN TESTIMONY WHEREOF, the parties hereto have each caused this instrument to be executed in duplicate originals, on this the ____ day of June, 2016.

Park Board of Trustees of the City of Galveston

___________________________________By: Kelly de SchaunTitle: Executive Director

Scott Johnson

___________________________________Scott Johnson Concessionaire


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Agenda Item:

Discuss and Consider amending of contract to Randall Bowers DBA Beach Service Area #13 (46th and 47th Street) for Umbrella and Chairs.

Staff is requesting to amend the agreement with Randall Bowers for Area 13 in the amount of $2,600.00 and add city block 46th. Staff is requesting a three-year agreement, the reason for the three year agreement is to take all of the contract extension to Oct 30, and also renewal option.


Staff is recommending to amend agreement with Randall Bowers for Area 13 in the amount of $2,600.00 and add city block 46th. The term of the agreement will be three years and expire October 31, 2020.


AMENDMENT TO THE CONCESSION AGREEMENT FOR RANDALL BOWER DBA INDIVIDUALLY AND BEACH SERVICE LLC LOCATED AT SERVICE AREA #13 Umbrellas and Chairs (46th and 47th Street)

WHEREAS, on __________, the Park Board of Trustees of the City of Galveston (Park Board) entered into a Concession Agreement with Randall Bower dba Individually and Beach Service LLC(Concessionaire). A copy of the Concession Agreement is attached as Exhibit A. (Concession Agreement).

WHEREAS, the Concession Agreement terminates on March 23, 2018.



THEREFORE, for the mutual consideration contained in this Amendment, the parties do agree as follows:

1. All terms in the Concession Agreement remain the same except for the termination date and the payment dates and amounts.

2. The Concession Agreement is extended until October 31, 2020.3. The annual fee for 2018 & 2019 is $2,600 year, payable (on or before) as follows:

2018 : April 1 - $2,600.002019: April 1 - $2,600.002020: The yearly fee for 2020 is subject to an increase in the amount of the Consumer Price Index All Urban Consumers (CIP) in January, 2020. Upon calculation, you will be notified in writing of any increase: the payment dates will remain the same.

4. Each year, the Concessionaire agrees to enroll at least one of their employees in the CTA program by the Memorial Day weekend. The CTA program is offered by the Galveston CVB.

5. This Amendment is subject to the completion of all items on the vendor checklist, attached as Exhibit B. Once the Park Board reviews the vendor checklist and determines it is in compliance, the Concessionaire will be given written approval for the continuation of their operations.

6. If the vendor checklist is not completed to the satisfaction of the Park Board, the Concession Agreement will terminate on March 1, 2018.

7. All remaining terms and conditions of the Concession Agreement remain the same. DATE: ___________________

PARK BOARD:

________________________________________ Kelly de Schaun Executive Director

CONCESSIONAIRE:

__________________________________Randall Bower dba, Individually Beach Service LLC

AMENDMENT TO THE CONCESSION AGREEMENT FOR RANDALL BOWER DBA INDIVIDUALLY AND BEACH SERVICE LLC LOCATED AT SERVICE AREA #13 Umbrellas and Chairs (47th Street)

WHEREAS, on __________, the Park Board of Trustees of the City of Galveston (Park Board) entered into a Concession Agreement with Randall Bower dba Individually and Beach Service LLC(Concessionaire). A copy of the Concession Agreement is attached as Exhibit A. (Concession Agreement).

WHEREAS, the Concession Agreement terminates on March 23, 2018.



THEREFORE, for the mutual consideration contained in this Amendment, the parties do agree as follows:

1. All terms in the Concession Agreement remain the same except for the termination date andthe payment dates and amounts.

2. The Concession Agreement is extended until October 31, 2020.3. The annual fee for 2018 & 2019 is $1,300.00 year, payable (on or before) as follows:

2018 : April 1 - $1,300.002019: April 1 - $1,300.002020: The yearly fee for 2020 is subject to an increase in the amount of the Consumer PriceIndex All Urban Consumers (CIP) in January, 2020. Upon calculation, you will be notified inwriting of any increase: the payment dates will remain the same.

4. Each year, the Concessionaire agrees to enroll at least one of their employees in the CTAprogram by the Memorial Day weekend. The CTA program is offered by the Galveston CVB.

5. This Amendment is subject to the completion of all items on the vendor checklist, attached asExhibit B. Once the Park Board reviews the vendor checklist and determines it is in compliance,the Concessionaire will be given written approval for the continuation of their operations.

6. If the vendor checklist is not completed to the satisfaction of the Park Board, the ConcessionAgreement will terminate on March 1, 2018.

7. All remaining terms and conditions of the Concession Agreement remain the same.DATE: ___________________

PARK BOARD:

________________________________________ Kelly de Schaun Executive Director

CONCESSIONAIRE:

__________________________________Randall Bower dba, Individually Beach Service LLC

4849-6236-7024 Page -1-

CONCESSION AGREEMENT WITH RANDALL BOWERS D/B/A BEACH SERVICE, LLC FOR CONCESSION AREA 13 (47th ) FOR

BEACH UMBRELLA, CHAIR AND BOOGIE / BODY BOARD RENTALS

THE STATE OF TEXAS § § COUNTY OF GALVESTON §

THIS AGREEMENT made and entered into effective April 27, 2016, by and between the Park Board of Trustees of the City of Galveston (Park Board) and Randall Bower, Individually and d/b/a Beach Service, LLC (Concessionaire).

WHEREAS, the Park Board had leased from the State of Texas a portion of the beach

south of the Seawall between 10th Street and 61th Street pursuant to a Surface Lease (“Surface Lease”); and

WHEREAS, the Surface Lease expired on October 31, 2015 and continues on a month

to month basis until further notice from the State of Texas; and WHEREAS, this Concession Agreement (“Agreement”) is only for a month to month

basis and can terminate immediately if the State of Texas declines to give a new Surface Lease for this area; and

WHEREAS, Concessionaire understands that this Agreement is subject to these conditions and could terminate on immediate notice; and

WHEREAS, the Concessionaire desires to have an Agreement under these conditions. NOW THEREFORE, Park Board and Concessionaire agree as follows:

1. Term. The Term of this Agreement will commence on April 27, 2016 and terminates on April 27, 2018, unless this agreement is terminated as set out below.

2. Concession Fee. The concession fee for Area 13 is a yearly fee of $1,000

payable on May1 of 2016 and 2017. 3. Laws & Restrictions. Concessionaire shall, in connection with any current or

future improvements, use or maintenance of the premises and all activities associated therewith, strictly comply with all applicable laws, rules, ordinances, restrictions, and regulations. Concessionaire shall secure and maintain all permits and licenses required for its activities at its own expense, including, without limitation, a vendor permit from the City, if applicable. No non-moveable structure may be constructed or allowed on the premises.

4849-6236-7024 Page -2-

4. Scope and Use. The only activities which Concessionaire shall be permitted to

engage in on the premises of Area 13 is the rental or sale of umbrellas, chairs and boogie/body boards. No glass containers will be allowed on or about the premises. All city codes must be complied with and all needed permits obtained prior to the sale or lease. This is a non-exclusive concession.

5. Taxes. Any and all taxes which may be lawfully imposed upon the property or

business of Concessionaire on the premises shall be paid promptly by Concessionaire. On a quarterly basis, Concessionaire shall provide Park Board with proof of payment of all applicable sales taxes. Concessionaire shall furnish Park Board with receipts and any other verification requested by Park Board showing compliance herewith prior to delinquency.

6. No Assignment. Concessionaire shall not mortgage, pledge, transfer or assign

this Agreement or any privileges hereunder. 7. Park Board Rules. The use and occupation of the premises shall be subject to

any and all rules and regulations as may be prescribed by Park Board from time to time. Violation of any rule or regulation of Park Board, after a notice and a ten-day (10) opportunity to cure, is grounds for termination.

8. Right of Re-Entry. The right is hereby reserved to Park Board, the City, Texas,

and to the state of Texas, their officers, agents, and employees to enter upon the said premises at any time for inspection or for any governmental purpose, to remove therefrom persons, equipment, fixtures, goods, debris, improvements, or other material required or necessary for any official purpose, and Concessionaire shall have no claim for damages of any character on account thereof against Park Board, the City, or the state of Texas, or any officer, agent, or employee thereof.

9. Exoneration. Park Board and the City, and their officers, agents, and employees

shall not be responsible to Concessionaire or any other person for: (1) damages to property or injuries to persons which may arise from the incident to the use or occupation of the said premises by Concessionaire; (2) damages to the property of Concessionaire; (3) injuries to the person of Concessionaire's officers, agents, servants, or employees, or any other persons who may be on said premises at their invitation or the invitation of any one of them, and Concessionaire shall hold Park Board and the City harmless from any and all such claims, even though such claims may be caused or alleged to be caused in whole or in part by the negligence of Park Board, the City, or its respective officers, agents, or employees.

10. Notice. Any notice hereunder shall be deemed to have been duly given if and

when enclosed in a properly sealed envelope, or wrapper, addressed and deposited postage pre-paid in a post office or branch post office regularly maintained by the United States Government, to the following addresses:

Concessionaire: Randall Bowers Address: 2125 52nd

4849-6236-7024 Page -3-

Galveston, Texas 77551 Telephone: 214.797-2814 Email: [email protected] Park Board: Park Board of Trustees of City of Galveston, Texas Attention: Ms. Kelly de Schaun Executive Director Address: 601 Tremont Galveston, Texas 77550 Telephone: 409.763.6564 Telefax: 409.762.8911 Email: [email protected]

Either party may notify the other of any change of address by written notice. 11. Termination. A. This Agreement may be terminated by Park Board upon the happening of any of the following events: (1) Lapse in required insurance coverage by Concessionaire or failure by Concessionaire to strictly comply with any provisions in this Agreement relating to insurance coverage, allowing any unsafe or dangerous equipment or condition to exist, or by violation of any applicable law, ordinance, rule, or regulation, which termination may be immediate and without advance notice; (2) The commission by Concessionaire of any act of insolvency, the filing of any voluntary or involuntary actions concerning Concessionaire under any state or federal bankruptcy or other laws for the protection of debtors, an assignment by Concessionaire for the benefit of creditors, or the appointment of a Receiver for Concessionaire or the business of Concessionaire conducted on the premises. (3) A breach by Concessionaire of any other terms or conditions of this Agreement, provided that Concessionaire, subject to any express provision in this Agreement to the contrary, shall first be entitled to ten (10) days written notice with the opportunity to cure the default of any other such term or condition within such period, but provided further that Concessionaire will be entitled to notice of default and an opportunity to cure only twice during the term of this Agreement. Any such termination shall be without waiver of any cause of action which may have theretofore accrued. Any waiver by Park Board shall not operate to modify this Agreement, nor shall it in any manner prejudice any rights of Park Board regarding any future violation of any term of this Agreement by Concessionaire, nor shall it constitute a waiver by Park Board of its right to enforce all provisions of this Agreement. (4) Concessionaire is convicted of a felony or crime involving a moral turpitude.

4849-6236-7024 Page -4-

(5) Immediate termination in the event that Park Board should lose the right to possession of the premises for any reason, including but not limited to, easement, lease, condemnation, exercise of power of eminent domain, failure to extend a license to use, reversion to prior owners, loss of title or loss of license or failure to obtain a Surface Lease from the State of Texas; or (6) In the event that a storm or other natural force causes erosion of the beach on the premises to the extent that it is no longer practical for Concessionaire to conduct the activities permitted herein on the premises. (7) The violation of any Park Board rule, after being given ten (10) days to cure the violation. (8) Sixty (60) days written notice. 12. Insurance. Throughout the term of this Agreement or any extensions thereof, Concessionaire shall maintain insurance against public liability for injury to persons (including death) or damage to property resulting from or arising out of, or alleged to have arisen from or resulted from, the operations of Concessionaire in or about the premises. Such insurance policy shall be in an amount not less than $1,000,000, combined single limit coverage, or such greater amount as shall be from time to time required by Park Board, and shall name Park Board and the City as an additional named under said policy, and said policy shall provide for thirty (30) days’ notice to Park Board prior to any cancellation or revision of said policy. Such policy shall be in form and with an insurance carrier acceptable to the Executive Director of Park Board. Concessionaire agrees that it will make no claim nor authorize any claim to be made against and will provide waivers of subrogation from its insurers as to Park Board, its employees, servants, or agents in connection with or as a result of fire, explosion, or other casualty injuring persons or damaging the contents, equipment, furniture, or fixtures in or about the premises. Concessionaire shall at all times provide Park Board with a current copy of all such insurance policies, and with a current copy of certificates of insurance providing for thirty (30) days’ notice prior to cancellation or revision as above provided. 13. INDEMNITY. CONCESSIONAIRE HEREUNDER AGREES TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS PARK BOARD, THE CITY, AND THEIR INDIVIDUAL TRUSTEES, COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL EXPENSES, DAMAGES, CLAIMS OR CAUSES OF ACTION THAT MAY ARISE IN CONNECTION WITH (A) CONCESSIONAIRE'S FAILURE TO PERFORM ITS OBLIGATIONS HEREIN OR (B) CONCESSIONAIRE'S USE AND OPERATION OF THE PREMISES, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF DEFENSE. THIS INDEMNITY AGREEMENT IS INTENDED TO ENCOMPASS ANY AND ALL MANNER OF CLAIMS (WHETHER FOR BODILY INJURY, DEATH, PROPERTY DAMAGE, FINES, OR CITATIONS FOR VIOLATIONS OF ANY LAW, STATUTE, ORDER, OR REGULATION, OR OTHERWISE), ARISING OUT OF ANY ACTIVITIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, CLAIMS CAUSED BY THE NEGLIGENCE OF PARK BOARD, THE CITY, AND THEIR INDIVIDUAL TRUSTEES, COUNCIL MEMBERS,

4849-6236-7024 Page -5-

OFFICERS, AGENTS, AND EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INTENDED BY CONCESSIONAIRE TO INDEMNIFY AND PROTECT PARK BOARD, THE CITY, AND THEIR INDIVIDUAL TRUSTEES, COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES FROM THE CONSEQUENCES OF PARK BOARD, THE CITY, AND THEIR INDIVIDUAL TRUSTEES, COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES, WRONGFUL ACTS AND NEGLIGENCE, WHETHER OR NOT THE NEGLIGENCE IS THE SOLE CAUSE OR CONCURRING CAUSE IN THE INJURY, DEATH, OR DAMAGE. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS CONCESSION AGREEMENT FOR ANY REASON. 14. Limits of Liability. Concessionaire agrees to look solely to Park Board for the performance of its obligations under this Concession Agreement, and agrees that in no event is the City or the individual members of Park Board liable or responsible in any manner for this Concession Agreement, nor for any breach thereof. 15. Access and Signage. Concessionaire shall have reasonable access to the premises over the property of Park Board by virtue of such avenues of ingress and egress, and at such time as Park Board shall direct. Concessionaire shall have no rights, express or implied, in any property belonging to or subject to the management of Park Board, other than the premises. Concessionaire shall not in any manner restrict the public from free access to and use of the beach and to the waters of the Gulf of Mexico, as required by the Texas Open Beaches Act. Concessionaire, and its agents, employees, and vendors shall, in no way, interfere with, impede or adversely affect any property, business or patrons of Park Board. All signage on the premises or advertising the premises shall be subject to prior approval of the Executive Director of Park Board. All signage must include Park Board’s logo, name, and telephone number, and shall request that any problems be reported.

16. No Obstruction. Concessionaire shall not keep or display anything or otherwise obstruct the beaches, roads, driveways, walkways, or area ways adjacent to the premises.

17. Fire Protection. Concessionaire shall install and maintain fire extinguishers and

other fire protection and safety devices as may be required from time to time by any governmental or other agency having jurisdiction.

18. Miscellaneous. A. Concessionaire agrees that all its employees in and about the premises will wear

neat and attractive uniforms which are compatible with those worn by Park Board employees or as Park Board shall otherwise direct, and all employees of Concessionaire will at all times maintain a neat and attractive appearance, a professional demeanor and be polite and courteous at all times.

B. Concessionaire will pay the cost of trash and garbage removal, except for routine

removal of trash from barrels.

4849-6236-7024 Page -6-

C. During the entire time during which this Agreement shall be in effect,

Concessionaire will be responsible for all expenses in any manner arising from its duties and activities hereunder.

D. All equipment or other physical objects in or about the premises shall be safe,

clean, in good working order, and aesthetically appealing in the opinion of Park Board. 19. Attorneys' Fees. Concessionaire agrees to pay all attorneys' fees incurred by

Park Board in any manner in connection with the preparation of this Concession Agreement, any negotiations associated therewith, securing all necessary approvals therefore, enforcing any provisions hereof, and any disputes or questions regarding this Agreement.

20. Concessionaire agrees to pay $275.00 for fees associated with the drafting of this

Agreement. 21. Concessionaire's Acknowledgement. A. Concessionaire acknowledges it will comply with all beach patrol rules, Coast

Guard rules, and any and all city ordinances. The Galveston Beach Patrol shall have full authority to shut down Concessionaire's operation if they believe, in their sole discretion, there is a safety issue. Concessionaire acknowledges that there may be other concessionaires in the same area.

B. There may be third parties having rights or claims of rights to the New Beach,

including, without limitation, the premises. Concessionaire acknowledges that it takes any concession rights subject to the rights, if any, of those third parties. The development and activities to be conducted on the premises may be subject to considerable restrictions, including, without limitation, the Texas Open Beaches Act and the Texas Dune Protection Act. Park Board will have the right but not the obligation to prevent others from establishing concessions upon certain areas of the premises, to the extent that third parties may have rights in those areas. Concessionaire recognizes that the concession to be granted is not an exclusive right to operate the desired concession, and that other persons may attempt to operate competing concessions. Concessionaire's rights with respect to the premises are granted by Park Board and accepted by Concessionaire in "AS IS" condition and "WITH ALL FAULTS" and without any representation or warranty of any nature whatsoever by Park Board. Concessionaire by acceptance of this concession represents that Concessionaire has made such inspection and investigation relating to the premises as Concessionaire deems necessary or appropriate for its purposes.

C. Concessionaire may not restrain or prevent the use of the premises by any person.

All persons shall have the right to use their own personal property and equipment in or about the premises. Concessionaire may not interfere with any person's right to use the beach.

D. Concessionaire acknowledges Park Board cannot assure Concessionaire that the

beach will maintain its current configuration and that the beach is subject to erosion. Concessionaire acknowledges that Park Board is not making any promise or warranty that it will

4849-6236-7024 Page -7-

add sand to the premises or otherwise nourish the premises in the future. Concessionaire acknowledges that Park Board may add sand or nourish certain portions of the beach and not add sand or nourish the premises leased by Concessionaire.

22. Environmental Stewardship. The Park Board of Trustees of the City of

Galveston recognizes a shared responsibility between it and its concessionaires to act as a positive force for the protection and enhancement of our Island’s natural resources. In this important effort Park Board reaches out and partners with its concessionaires in the implementation of environmental stewardship and sustainability practices that can be applied to daily business operations. Concessionaires operating under the jurisdiction of Park Board are expected to participate in this effort and incorporate sound environmental practices that achieve the overarching goal of protection, sustainability and enhancement of our natural resources.

4849-6236-7024 Page -8-

IN TESTIMONY WHEREOF, the parties hereto have each caused this instrument to be executed in duplicate originals, on this the _____________ day of _____________________, 2016.


___________________________________ By: Kelly de Schaun Title: Executive Director

Randall Bowers Concessionaire ___________________________________ By: Randall Bowers, Individually ___________________________________ By: Randall Bowers, d/b/a Beach Service LLC

Agenda Item: Discuss and Consider Purchase of Public Litter Receptacles for Seawall from TOTER

Background: The Park Board currently has approximately 175 Public Litter Receptacles along the

south side of the Seawall from 6th Street to 103rd and from 6th Street to 69th Street on the north side. The

last receptacles were ordered in 2013 and the current ones are in constant need of refurbishing

(painting, replacing of hardware, etc). Due to the increase in visitation on the western end of the

Seawall, there is a need for additional receptacles.

Staff Recommendation: Staff is recommending the purchase of 75 new Public Litter Receptacles with

rigid interior liners from TOTER (the provider of the current units in place) in Bluestone colorwith the PB

logo under HGAC BuyBoard Contract #RC01-18 for $308.00 each plus freight for a total of $28,146.74.


NB-70-5720 (budgeted for current FY)- $17,000.00BC-70-5720 (budgeted for current FY)- $11,146.74

WQ-10080863

PHONE: 800-424-0422 FAX: 704-878-0734

841 Meacham Rd, Statesville, NC, 28677

Pricing is based on your anticipated Order prior to the expiration of this Quote, including product specifications, quantitiesand timing, accepted delivery within 45 days of Order acceptance by Toter. Any differences to your Order may result in

AdditionalInformation

Our Quote is a good faith estimate, based on our understanding of your needs. Subject to our acceptance, your Order isan offer to purchase our Products and services in accordance with the Wastequip Terms & Conditions of Sale (“WQ T&C”)located at: , as of the date set forth in Section 1(b) of the WQ T&C,https://www.wastequip.com/terms-conditions-of-salewhich are made a part of this Quote. These WQ T&Cs may be updated from time to time and are available by hard copyupon request.

Additional Terms

$28,146.74Grand Total

$0.00Tax

$1,051.49Shipping andHandling

$27,095.25Subtotal

FOB OriginShipping Terms

Net 30 Days if credit has been establishedPayment Terms

WQ-10080863Please Reference Quote Number on allPurchase Orders

Quote Number

7/18/2018Expiration Date

6/18/2018Created Date

(704) 838-4642Salesperson Phone

[email protected] Email

Sherry MillsSalesperson

2902 Church StGalveston, TX 77550USA

Ship To

Galveston Park Board ofShip To Name

(409) 797-5107Mobile

[email protected]

2902 Church StGalveston, TX 77550USA

Bill To

Galveston Park Board ofBill To Name

Michelle HollinsContact Name

Sell To:

Quote Information

Model Product Description Description QuantitySalesPrice

Total Price

860BDome-Top Litter Container - 60 gallon w bagholder straps

8600B-10075 60 GAL AUTO LITTERCONTAINER 709 BLUESTONE 709 BLUESTONE-LID & BASE 60 ALC W/BAG STRAPS 709 BLUESTONE-BODY BASE

75.00 $308.00 $23,100.00

Graphic ApplicationCharge

--- Graphic Application Charge - per application 1M289 11.27 per graphic One per container-front

75.00 $11.27 $845.25

RL060-00BLK ---Rigid Liner - 60 gallon RL045-00BLK 75.00 $42.00 $3,150.00

Additional Information

https://www.wastequip.com/terms-conditions-of-sale

WQ-10080863

PHONE: 800-424-0422 FAX: 704-878-0734

841 Meacham Rd, Statesville, NC, 28677

Please Reference Quote Number on all Purchase Orders

Accepted By: ______________________________________________________

Company Name: ______________________________________________________

Date: ______________________________________________________

Purchase Order: ______________________________________________________

Pricing and Product offerings are effective 5/5/2018, based on the Houston-Galveston Area Council (H-GAC) cooperativecontract with Toter, LLC (#RC01-18, eff. 1/1/2018). Per the terms of this contract, pricing and products are subject tochange at any without prior notice and after H-GAC approval. Toter, LLC Product Warranties, Disclaimers, Limitation ofLiability and Remedies, and Limited Warranty Provisions apply to all purchases thereunder.

Special ContractInformation

different pricing, freight or other costs. Due to volatility in petrochemical, steel and related Product material markets, actualprices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginningProduct manufacturing, to increase the price of the Product(s) to reflect any increase in the cost to us which is due to anyfactor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs ofmanufacture or supply). Unless otherwise stated, materials and container sizes indicated on sales literature, invoices,price lists, quotations and delivery tickets are nominal sizes and representations – actual volume, Products and materialsare subject to manufacturing and commercial variation and Wastequip’s practices, and may vary from nominal sizes andmaterials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. Ifcustomer is not tax exempt, final tax calculations are subject to change.

Signatures

Agenda Item: Discuss and Consider Approval of Compensation Study in Conjunction with the City and

Port of Galveston

Background: A study of the compensation plan for the Park Board of Trustees was included as part of

the 2017-2018 Business Plan, and is to be conducted in conjunction with the City and Port of Galveston.

Following a request for proposal by the City of Galveston, Public Sector Personnel Consultants (PSPC)

was selected as the provider of choice for the survey. PSPC specializes in public employment, and has

worked with more than 1,000 employers including 75+ in the state of Texas.

The following steps will be taken in the completion of the study:

1. Telephone project planning meetings with project designee(s) from each agency

2. Occupational re/familiarization by review of current job descriptions and compensation plans

3. Identification or confirmation of competitive employers for compensation surveys, for approval

4. Identification of occupations to utilize as survey benchmark jobs – estimated 60% + of all/each

titles

5. Solicitation of comparator employers and agencies for participation in external compensation

surveys

6. Extraction of data from public employer compensation plans, questionnaires, reliable published

surveys

7. Consolidation of data from all sources and calculation of prevailing rates for benchmark jobs

8. Computation of extent each agency’s base pay offerings vary from external prevailing rates,

practices

9. Phone/email review of competitiveness analysis (market findings) with each agency’s project

designees

10. Assignment of job classes to updated salary ranges by internal equity and external

competitiveness

11. Assistance with each agency’s strategic identification of desired, affordable salary

competitiveness policy

12. Fiscal impact estimates at various levels of external prevailing rates competitiveness policies

13. Review and critique of draft salary and implementation plans with each agency’s project leaders

14. Preparation and presentation of final project reports for Council, Trustees, Port Officials

15. Assistance with communicating the Park Board’s updated plans for all Park Board officials and

employees

The estimated completion date for the survey and compensation plan updates are 90 days from the

date of authorization to proceed.

Approved by Finance Committee on June 19, 2018

Staff Recommendation: Staff recommends proceeding with Public Sector Personnel Consultant in the

amount of $12,500.00, as approved in the 2017-52018 for the Compensation Study for Galveston Island

Park Board of Trustees.

Funding Source (if a budgetary item): GF-50-5152 Human Resources

Agenda Item: Discuss and Consider Approval of Park Board Resolution for the Gulf of Mexico

Energy Security Act (GOMESA) Funding

Background:

GOMESA Phase II will provide substantial new funding for coastal investments extending to the year 2055. We are confident these funds can be put to effective use by the GLO and our coastal counties, who bear significant responsibility to implement state-mandated programs such as the Dune Protection Act, Open Beaches Act, and coastal erosion planning and response projects.

Unfortunately, our coastal cities are not, as you know, direct recipients on any GOMESA Phase II funds. Many of our coastal cities have direct responsibility to implement the same coastal programs as coastal counties and face significant financial pressure in implementing them. GOMESA Phase II provides a unique opportunity to address this bureaucratic shortcoming.

The Texas Chapter ASBPA board recommends that the GLO set aside annually from the state’s GOMESA funds for certain coastal cities an amount equal to the direct federal allotment for ourcoastal counties.

We believe direct funding to cities with line responsibility to implement the state-mandated Open Beaches Act, Dune Protection Act, Coastal Erosion Planning and Response Act and other coastal programs will benefit all Texans.

Staff Recommendation: Staff recommends approval of this Resolution.

_____________________________________________________________________________________

6 0 1 T r e m o n t – P . O . B o x 1 0 8 0 G a l v e s t o n I s l a n d , T e x a s 7 7 5 5 0

( P h o n e ) 4 0 9 - 7 9 7 - 5 0 0 0 ( T o l l F r e e ) 1 - 8 8 8 - G A L - I S L E

( F a x ) 4 0 9 - 7 6 2 - 8 9 1 1 w w w . g a l v e s t o n p a r k b o a r d . o r g

RESOLUTION

A RESOLUTION OF THE PARK BOARD OF TRUSTEES OF THE CITY OF GALVESTON, TEXAS

REQUESTING THAT THE STATE OF TEXAS AND THE TEXAS GENERAL LAND OFFICE

ANNUALLY SET ASIDE A PORTION OF THE STATE GOMESA FUNDS FOR TEXAS COASTAL

CITIES AND CONTINUE TO FULLY FUND THE COASTAL EROSION PROTECTION RESPONSE

ACT (CEPRA) PROGRAM WITH STATE REVENUES

WHEREAS, the Texas coast and its diverse economy provide significant economic, recreational, and spiritual

benefits to the all people of Texas and state investment in the coastal region is critical to the future of this great

state; and

WHEREAS, Texas barrier islands are experiencing significant erosion and storms, wetlands degradation, and habitat loss which threatens public beach access, reduces tourism, drives down state and local tax revenues, and damages public and private infrastructure; and

WHEREAS, the Texas coast are is threatened by increasingly intense storms, putting our coastal communities and businesses at greater risk of damage and flooding; and

WHEREAS, the federal Gulf of Mexico Energy Security Act (GOMESA) of 2006 instituted a royalty revenue-

sharing program derived from federal offshore oil and gas activities to the direct benefit of the state of Texas and

Texas coastal counties; and

WHEREAS, the GOMESA Phase II payment to the State of Texas for FY 2017 is approximately $40.5 million and

payments to the state will continue annually to the year 2055, with the maximum state payment of $100 million per

year; and

WHEREAS, the guaranteed cumulative GOMESA Phase II payments to Texas coastal counties for FY 2017 is

approximately $10.1 million and the county payments will continue annually to the year 2055; and

WHEREAS, federal GOMESA provisions unjustly exclude Texas coastal cities from any direct payment, defining

“political subdivision” to mean, ‘the local political jurisdiction immediately below the level of State government,

including counties, parishes, and boroughs; and

WHEREAS, certain coastal cities of Texas are responsible for compliance with and/or implementation of the

Texas Open Beaches Act of 1959, the Dune Protection Act, CEPRA, and Erosion Response Planning; and

WHEREAS, state funding support for Texas coastal cities to meet state-mandated coastal program responsibilities

is inadequate, creating financial stress and hardships on these cities; and

WHEREAS, state GOMESA funds administered through the General Land Office are suitable for and critical to

carrying out state-mandated programs for Texas coastal cities within the CMP boundary; and

WHEREAS, the set-aside of state GOMESA funds for Texas coastal cities would protect and benefit coastal

counties who can then use their annual GOMESA funds for county priorities without competing financial demand

from coastal cities.

NOW THEREFORE; BE IT RESOLVED BY THE TEXAS CHAPTER OF THE AMERICAN SHORE AND

BEACH PRESERVATION ASSOCIATION:

1. That the State of Texas and the Texas General Land Office should set aside for Texas coastal cities each

year a cumulative amount of funds from the State’s annual GOMESA payment equal to the total annual

GOMESA revenues awarded to all Texas coastal counties; and

2. That the set-aside of state GOMESA revenues for Texas coastal cities be distributed on a fair and

reasonable basis to Texas coastal cities or entities such as a park board with direct responsibility to

implement CEPRA, Erosion Response Planning, the Dune Protection Act, and/or the Texas Open Beaches

Act; and

3. That the Texas General Land Office and Texas Legislature should seek to fully fund CEPRA or other

existing state-created coastal programs with state revenues rather than shifting federal GOMESA funds to

these programs; and

4. That Texas General Land Office support and be consistent with federal GOMESA laws and regulations

allowing city and county GOMESA funds to be used as match for other federal grant programs.

Upon Motion, Second and Approval, This Resolution is hereby executed on behalf of the Park Board of Trustees of

the City of Galveston on June 26, 2018.

ATTEST:

______________________________________ ______________________________________

Joyce McLean, Chair Maureen Patton, Secretary

Park Board of Trustees of the City of Galveston Park Board of Trustees of the City of Galveston

______________________________________

Kelly de Schaun, Executive Director


2018 Marketing DeliverablesJune 26, 2018

Discuss and Consider Approval of Tourism Development Expenditures

Background

Budget Vendor Amount Description Dates

70-7000 Destinations International $10,000.00 Membership Dues Annual

62-5385 Galveston Daily News $28,500.00 Reprint Official Destination Guides Annual

62-5345 Outfront Media $18,039.00 Billboards - Broadway at 63rd and Ferry Road (7 months) Annual

52-5115 Outfront Media $15,452.00 Billboards - Broadway at 63rd and Ferry Road (5 months) Annual

TOTAL $71,991.00

The following expenditures are part of the CVB's annual mareking plan. The plan is developed with the assistance and guidance from our tourism partners. Staffis requesting approval of the following advertising deliverables from the 2017-2018 budget.

Agenda Item: Discuss and Consider Sponsorship of A Fishing Story

Background:

A Fishing Story (AFS) is a fishing show that explores the lives of people who have had tremendous life experiences. Entertainers, professional athletes, veterans, and everyday people alike share their stories with host Ronnie Green.

As each viewer tunes in, they take a step into the real life experiences of men and women that offer enlightening perspectives while challenging your outlook on life.

The show is broadcast on Discovery Channel, NBC Sports Network and World Fishing Network. In addition, AFS all episodes are uploaded to the Discovery Go app and are available through several of the over-the-top television devices like ROKU, Google Chromecast, Apple TV and Amazon Fire TV. Additionalbroadcast and viewership details can be found in the attached proposal.


Fishing and outdoor recreation have recently been identified as areas of focus for Galveston tourism. At the recommendation of TDAC, a taskforce was formed to identify ways to increase exposure of Galveston as a destination for outdoor recreation. One of the key takeaways from that taskforce was forstaff to look for unique opportunities for mass exposure for Galveston.

Staff believes this program offers that opportunity. In addition, featuring local guests of our choice offers the opportunity to tell unique, authentic Galveston stories. Staff recommends approval of $40,000 to produce 2 episodes and provide deliverables as described in the proposal.

TDAC voted unanimously to recommend approval.

Funding:

TD70-7002 – Remaining balance: $164,800 - $40,000 = $124,800

A Fishing Story is a fishing show that will explore the lives of people who have had tremendous life experiences. Entertainers, professional athletes, veterans, and everyday people alike share their stories with host Ronnie Green.

As each viewer tunes in, they take a step As each viewer tunes in, they take a step into the real life experiences of men and women just like you that offer enlightening perspectives while challenging your outlook on life.

About The Show

A Fishing Story is a series filled with Ronnie’s philosophy to celebrate the small things in life. Ronnie shares his passion for fishing and has a gift for finding the stories that aren’t often told with his guests each week. He is proud to say that he has caught a lot fish in his lifetime, and even won toulifetime, and even won tournaments! Ronnie was raised in San Antonio, Texas and now lives in Tampa, Florida, where he fishes every day possible.

Ronnie Green is the charismatic host of A Fishing Story. A graduate of Texas Tech University, Ronnie was an All American sprinter in college. He was an officer in the United States Marine Corps, and very successful in the medical device industry for many years. At five years old, he for many years. At five years old, he reeled in his first fish with his dad, a thrill not soon forgotten. Ronnie graduated to fishing with his ghis great-grandmother who was an avid fisherwoman. He’s been consumed with fishing ever since. In addition, he has participated successfully with BASS, FLW, and ABA fishing circuits.

Meet Ronnie Green

6/26/2018 Agenda Item: Discuss and Consider the Award of Bid to Fermata, Inc. for Interpretive Panel Design for the Trail at East End Lagoon (Sheryl Rozier, 10 minutes) Overview: In September 2015, the Park Board applied for grant funding of $180,000 to go toward a boundary survey and wetland/upland delineation work at the East End Lagoon for an interpretative trail segment that is ADA accessible. The Park Board was awarded this grant and the contract with the General Land Office (GLO) was executed at the November 2016 Trustees meeting. The Park Board hired a surveyor for a boundary survey and delineation of wetland/upland areas and that work was performed and completed by Coastal Surveying of Texas, Inc. The Park Board also hired Resource Planning Architects, Inc. to develop construction plans specifications for the Trail. This work was completed and put out for sealed bid in late January. The sealed bids were opened in mid February and the construction was awarded to Lucas Construction at the February meeting. The construction of the trail is complete and the last major piece of the project is the interpretive signage package. This was put out for RFQ/RFP in May for interpretive panel design only (no fabrication, printing or installation). The Park Board received three packages and members of EELAC that are familiar with this service assisted Park Board staff in a recommendation to the Board. This was also vetted with EELAC Chair Jeri Kinnear. Although all three have respectable qualifications one firm stood out due to its extensive knowledge of Galveston, especially the East End Lagoon. Staff Recommendation: Staff recommends awarding the bid to Fermata, Inc. for interpretive panel design for the trail at the East End Lagoon with a unit rate per panel of $1,500 and a one-time charge of $500 for map design and graphics. Staff is recommending a fee not to exceed $20,500. Funding Source (if a budgetary item): East End Lagoon Budget (EL-70-5407)

Client: Park Board of TrusteesSite: East End Lagoon, Galveston, TexasProject: EEL GLO CMP 21 Nature TrailDate: May 16, 2018Requested By: Sheryl Rozier, Project ManagerItem: Interpretive Signage RFQ/RFP

Item/Description Quantity Unit Unit Rate Extended Quantity Unit Unit Rate Extended Quantity Unit Unit Rate Extended

Interpretation per panel 1 EA 1,500.00$ 1,500.00$ 1 EA 1,825.00$ 1,825.00$ 1 EA 2,600.00$ 2,600.00$ Miscellaneous (please provide description if used) 1 EA 500.00$ 500.00$ 1 EA 1,000.00$ 1,000.00$ 1 EA -$ -$

TOTALS 2,000.00$ 2,825.00$ 2,600.00$

Contact Matthew (Matt) Kaser, CIPPhone No. 469-549-1832Email [email protected]

Vendor M. Kaser & Associates,Inc.Address 217 S. MacArthur Blvd.City, State Coppell, Texas 75019

Contact Angela DavisPhone No. 512-589-0990Email [email protected]

Vendor MuseWork, LLCAddress 5006Woodview AvenueCity, State Austin, Texas

Vendor Fermata, Inc.Address PO 5485City, State Austin, Texas 78763-5485Contact Ted Lee EubanksPhone No. 512-391-0095Email [email protected]

Fermata Inc. PO 5485 Austin Texas 78763-5485 (512) 391-0095 www.fermatainc.com

Fermata Inc. PO 5485 Austin, Texas 78763-5485 Tuesday, May 29, 2018 Sheryl Rozier, Project Manager, Galveston Park Board of Trustees 601 Tremont, Suite 201 Galveston, Texas 77550 [email protected] Dear Ms. Rozier, Thank you for including us in this most recent Request for Proposal (RFP) for interpretive signs for Galveston. As you are aware, Fermata and Ted Lee Eubanks have been involved in Galveston nature interpretation and nature tourism for over three decades. We welcome the chance to once again work on our favorite island. Fermata Inc. and its founder, Ted Lee Eubanks, have been engaged in interpretation, ecotourism, and conservation for the past thirty years. We developed the world’s first birding trails in Texas, and we have now worked on birding and natural trail projects throughout the world including our most recent birding trail project, the Caribbean Birding Trail. Our founder, Ted Lee Eubanks, is a Certified Interpretive Planner (CIP) and Certified Heritage Planner (CHI). According to the National Association for Interpretation, there are only three CIPs in Texas, and Ted Lee Eubanks is the only one with extensive experience in Galveston and along the Gulf Coast. In addition, Fermata and Ted Lee Eubanks have completed several ecotourism and nature tourism projects in and around Galveston. These include the following:

• The Great Texas Coastal Birding Trail • Seawall interpretive sign for Galveston Nature Tourism Council • Interpretive signs for Artist Boat’s Coastal Heritage Preserve • Faces of Flight exhibit for Houston’s William P. Hobby Airport, a project of the

Galveston Nature Tourism Council • Interpretive signs for Brazoria County parks

Ted Lee Eubanks has authored two books about the birds of the Houston-Galveston area: Birdlife of Houston, Galveston, and the Upper Texas Coast and Finding Birds on the Great Texas Coastal Birding Trail: Houston, Galveston, and the Upper Texas Coast.

http://www.fermatainc.com/

mailto:[email protected]

http://www.caribbeanbirdingtrail.org/


Finally, it is important to note that Ted Lee Eubanks has spent decades in and around the site being considered for this signage. He testified at the earliest meetings about the possibilities for a nature trail in the East Beach Lagoons area, and some of the earliest improvements for birders in this area were done by Fermata working in concert with the U.S. Fish and Wildlife Service. Several of our recent projects are similar to the description contained in the RFP. Here are three of those that are particularly appropriate. Wetlands and Wildlife National Scenic Byway This byway includes two of the most important shorebird staging wetlands in North American, Cheyenne Bottoms and Quivira NWR. Fermata developed the interpretive plan, interpretive panels, brochure, audio guide, and website. Sandhills Journey Scenic Byway (SJSB) Fermata developed the interpretive strategy for the SJSB in Nebraska, and then returned to develop the interpretive materials (signs, brochure) for the byway. Quinta Mazatlan World Birding Center Fermata developed the original interpretive plan, exhibits, and signage for this nature center in McAllen, Texas. In recent months, Fermata completed a new vision plan for the expansion of this facility, including a new constructed wetland and education center.

References

1. Sandhills Journey Scenic Byway (Nebraska) Deana McKinstry, Project Coordinator NDOR M&R -- Local Projects Section Phone 402-479-3645 Email [email protected]

2. Quinta Mazatlan Colleen Hook, Manager Quinta Mazatlan, City of McAllen www.quintamazatlan.com Phone 956-681-3370 Email [email protected]

3. Artist Boat Karla Klay, Executive Director & Founder Artist Boat


http://www.kansaswetlandsandwildlifescenicbyway.com/

https://sandhillsjourney.com/

http://www.quintamazatlan.com/default.aspx

tel:402-479-3645


http://www.quintamazatlan.com/



2627 Avenue O Galveston, Texas 77550 409-770-0722 fax: 409-770-0712 cell 713-569-0722 [email protected] www.artistboat.org The proposal that we are submitting is turn key, with one exception. We have added an additional cost for map development if this is requested. This is listed under miscellaneous. Otherwise, all of the photographs and graphics are included in the price. Ted Lee Eubanks has photographed this area of the Gulf Coast for decades, and there are thousands of images in our stock files. We are including examples of signs (such as Artist Boat) that give a sense of our photographic skills and resources. Given our extensive resources from and knowledge of this area, we see no difficulty in finishing these designs by late August. This, of course, depends on the pace of the review process. Assuming that we can begin immediately, and that reviews will be relatively quick, we see no challenge to meeting the deadline. We again thank you for the opportunity to propose our services, and we look forward to working with Galveston again in the near future. Sincerely,

Ted Lee Eubanks, President and Founder



http://www.artistboat.org/

Agenda: Discuss and Consider 2018– 2019 HOT Budget

Background:

Hotel Occupancy Tax (HOT) has grown 109% since 2011, with the largest gains being in

2014/2015 (13% YOY actual growth) and 2016/2017 (10% YOY). No perceptible growth was

appreciated in 2015/2016 and 7% growth is projected for the current year. Much of the current year

growth is attributed to first quarter gains from the housing of Hurricane Harvey victims and recovery

agents and is not expected to flow through to the following year.

HOT Trajectory 2008/09: $ 1,185,113 (actual)2009/10: $ 881,012 (actual)2010/11: $ 954,785 (actual)2011/12: $ 925,000 (budget) / $1,110,979 (actual)2012/13: $ 1,050,000 (budget) / $1,295,683 (actual)2013/14: $ 1,284,000 (budget) / $1,476,939 (actual)- 5% growth2014/15: $ 1,373,880 (budget)/ $1,674,120 (actual)- 13% growth2015/16: $ 1,579,962 (budget)/ $1,675,659 (actual)- 0% growth2016/17: $ 2,000,000 (budget)/ $1,839,089 (actual)- 10% growth2017/ 18: $2,000,000 (budget)/ $1,959,266 (forecasted M. Moser 018)

Growth has been fueled in part by growth of supply. In 2011, Smith Travel Report reported

2,421 limited service units and 2,294 full service units. In 2011, there was no accounting of vacation

rental units. In 2018, hotel supply has grown by 7% in limited service and 5% in full service. There are

also 2,800 vacation rental units registered.

Growth in revenues has been affected mostly by increasing average daily rates (ADR). In 2011,

Source Strategies reported Galveston ADR at $128.08, while in 2017, ADR was reported by Source

Strategies as $145.35.

For several years after Hurricane Ike, the Board elected to undervalue the tax in order to limit

budgets and build a reserve for the organization. In May, the Board established a by-laws policy to

maintain a 4 month operating threshold in reserve. The reserve is fully funded, but continued

discussion revolves around the need to set aside resources to meet deductibles and FEMA counterpart

matches in the case of a future contingency.

Controller M. Moser recommended a 4% increase over the projected 2018 actual of

$1,959,266, which would establish the 2019 goal at $2,037,637.

Based on the City forecasting model, City Controller M Loftin recommended $2,128,300, or an

8% increase over projected 2017/2018 actuals.

Projection by Percentage

2,000,000 1% 2,020,000

2% 2,040,000

3% 2,060,000

4% 2,080,000

5% 2,100,000

Committee Discussion and Recommendations:

TDAC members are forecasting slowed growth next year with gains coming predominately in

rate and not in occupancy. Of those surveyed at TDAC, average increases are projected at 1 to 3%.

TDAC recommended a 3% increase over the $2 million budget for a projected target of $2,060,000

After considerable deliberation, the Finance committee recommended a 2% increase over the $2

million budget for a projected target of $2,040,000.

Park Board of Trustees

HOT Per Penny Collections Compared to Previous Actual and Budget

Actual Collections By Year and Month:

2010 2011 2012 2013 2014 2015 2016 2017 2018

Month of

Collections YTD Budget By

Month

Monthly

Variance

Year to Date

Variance

September 56,242 69,617 80,880 91,708 73,303 105,794 130,269 155,455 168,136 8% 8% 151,000 11% 11%

October 54,868 62,956 72,178 71,077 95,408 141,445 99,215 112,877 123,020 9% 9% 136,200 -10% 1%

November 45,928 52,671 64,964 76,200 95,696 93,133 96,929 90,675 117,665 30% 14% 108,200 9% 3%

December 34,367 39,874 41,158 52,480 58,910 70,608 81,182 100,269 109,764 9% 13% 97,200 13% 5%

January 25,703 42,869 46,281 54,422 53,096 63,771 76,834 80,679 82,463 2% 11% 85,200 -3% 4%

February 56,268 51,514 61,815 73,588 67,957 90,641 87,067 103,152 94,021 -9% 8% 108,200 -13% 1%

March 85,071 97,745 123,586 125,384 112,476 129,673 160,488 169,724 197,963 17% 10% 177,200 12% 3%

April 68,988 90,172 100,927 100,267 104,902 124,486 134,778 142,126 146,737 3% 9% 154,800 -5% 2%

May 88,107 90,285 111,757 117,690 101,458 148,300 147,128 153,867 160,022 4% 8% 173,200 -8% 1%

June 139,401 164,297 195,163 168,029 181,452 216,617 239,946 263,300 273,832 4% 7% 277,400 -1% 0%

July 181,653 210,167 205,233 275,125 345,448 288,550 256,006 293,281 305,012 4% 7% 323,000 -6% -1%

August 118,188 138,811 191,742 205,544 186,833 201,101 165,815 173,683 180,631 4% 7% 208,400 -13% -2%

Total 954,785$ 1,110,979$ 1,295,683$ 1,411,513$ 1,476,939$ 1,674,120$ 1,675,659$ 1,839,089$ 1,959,266$ 2,000,000$

Growth/(Decline) 8% 16% 17% 9% 5% 13% 0% 10% 7%

Total Actual Collections 954,785 1,110,979 1,295,683 1,411,513 1,476,939 1,674,120 1,675,659 1,839,089 1,959,266 ESTIMATED

Budget 925,000$ 925,000$ 1,050,000$ 1,200,000$ 1,284,000$ 1,373,880$ 1,579,962$ 2,000,000$ 2,000,000$

29,785 185,979 245,683 211,513 192,939 300,240 95,697 (160,911) (40,734)

3% 20% 23% 18% 15% 22% 6% -8% -2%

2018 Actual Compared to 2017 Budget 2017/2018

Over/(Under) Budget

2018 PROJECTIONS

Proposed By-law language:

RESERVE POLICY

The Park Board shall maintain a cash reserve balance equal to four (4) months of operating costs per the

current fiscal year's budget. Available revenues will be maintained in the fund balance, disallowing for

the Moody Garden's assets. This portion of the fund balance is designated to be used only in the case of

an emergency as determined by a majority vote of the Board. This portion of the fund balance will not

be used for any other purpose, unless there is a vote of at least seven (7) board members changing the

use.

Agenda Item: Discuss and Consider potential cost structure for services associated with Sargassum

relocation. (Reuben Trevino, 5 minutes)

Background:

The Finance committee directed staff to investigate cost of services for providing seaweed relocation

services for neighboring governmental agencies such as City of Galveston and Galveston County only.

These rates and program are not intended for private entities. Staff researched two approaches:

Costs per linear foot:

o Staff does not recommend this approach due to the level of effort being dependent

upon intensity of landings.

Cost per hour of service:

o Staff recommends this approach. Rates are based on GLO approved equipment rates

and will truly represent level of effort needed to relocate various size landings.

o Finance committee required that each call for service be billed at a 4 hour minimum.

HourlyLight

LandingsHeavy

Landings

Eqpt.Rates

Wheel Loader $44.00 $44.00

Tractor $47.00 $47.00 $47.00

Surfrake $14.00 $14.00 $14.00

PBStaffRates

Operator $30.00 $30.00 $30.00

Wildlife Monitor $25.00 $25.00 $25.00

Tractor Operator $30.00 $30.00

$ 116.00 $ 190.00

Adminstrative 20% $ 139.20 $ 228.00

$ 140.00 $ 230.00 per hour

Rate covers all fluids, fuel, maintenance, and depreciation


Staff recommends cost per hour pricing structure. With the two caveats delineated by the Finance

committee:

Each service call be billed at a 4 hour minimum

Only available to governmental entities and not for contracting to private entities

Funding Source (if applicable):

Agenda Item: Discuss and consider Third Party Operation under the United States Army

Corps of Engineers Beach Maintenance Permit. #SWG-2014-00448.

Background:

Board of Trustees approved a short-term plan in July 2017 to get the community through the

summer season. Those contracts expired at the end of the 2017 calendar year. They were

subsequently approved for renewal to December 31, 2018 Trustees also directed staff to start

investigating a long-term plan that would eliminate and/or reduce future liability to the PB.

Currently, there is one authorized vendor representing 18 HOA’s. The staff has been working

with Beach Maintenance Advisory Committee (BMAC) to develop a recommendation for the

Trustees to consider in June. The program allowing 3rd party vendors to work under the Park

Board permit has brought in revenue to offset the $100,000 expense associated with obtaining

the permit.

Fees HOA's

2017 14,865$ 15

2018 16,385$ 18

31,250$

BMAC discussed 4 options at the May meeting and narrowed opportunities down to the

following 2 options for further discussion at the June meeting:

Continuation of the umbrella program Park Board currently has in place with the

addition of costs for wildlife monitors who would be deployed by the Park Board. (see

attached)

Reduce permit area to only PB managed areas which would not allow the option for 3rd

parties to utilize permit.

Between the May and June meeting Carla Cotropia met with City staff, Park Board staff, Turtle

Island Restoration Network (TIRN) and A Green Expectations (AGE) to identify what the root

issues were concerning non-compliance statements made at the May BMAC meeting. During

that investigation, 4 main issues were identified that were discussed and considered at the June

meeting:

1. The terms and conditions of the Park Boards permit require that there be 10% coverage

of seaweed present in order to begin Sargassum relocation. This requirement does not

align with AGE’s business model of a set number of services provided over a given time

based on contracts. This requirement also causes confusion as there is currently not an

established way to document conditions to qualify an for cleaning per the 10%

requirement.

2. Another term and condition in the Park Boards permit require the use of trained Wildlife

Monitors (WM) before and while doing any beach cleaning activities with heavy

equipment. WM is to inspect the area prior to commencing activities to identify any

signs of protected wildlife. Once this is done the operator may start work while the WM

is required to stay with the piece of equipment to continue looking for signs of wildlife.

3. The Park Board permit also requires that some of the seaweed remain on the beach

which again does not align with the business model mentioned above and is also

difficult to verify with not having staff available and on-site to confirm after operations

are completed.

4. The coastal zone these activities take place in has many layers of jurisdiction. The USACE

has jurisdiction from the water up to the Mean High Tide (MHT) line. From the MHT

towards the dunes is the General Land Office (GLO) which regulates activities through a

City of Galveston Beach and Dune permit. The endangered species act also spans the

area from waters edge to dune line.

Committee recommendation:

The BMAC June meeting resulted in a recommendation to the trustees with a 5 of 8 votes for

continuing the umbrella program with the Park Board providing wildlife monitors and HOA’s

assuming increased costs.

If the Trustees support continuing the umbrella program it should be understood that An

increase to the current linear footage should be considered to offset these expenses. (see

attached)

Additionally, the Trustees should consider

limiting 3rd party beach cleaning activities to certain hours (mid-morning to early

afternoon) to aid in compliance monitoring

contracts between the POA’s and 3rd party vendor should be based on an as-needed

basis to align with terms and conditions of the Park Board’s permit

developing and managing a reliable pool of Wildlife Monitors to be on call and on the

beaches starting at 6 a.m. would be a large undertaking requiring additional resources

(staff & equipment)

funding the Coastal Zone Stewardship position proposed last year


The Director of Operations recommendation is to reduce the area to PB managed areas only.

This recommendation is based solely on the increased risk, by allowing any 3rd party, of an

infraction occurring that could result in the revokement of the Park Boards beach maintenance

permit, thereby eliminating the Park Boards ability to relocate seaweed in the immediate future

till the issue is resolved.


Not currently budgeted.

I. Park Board Program StaffingThe Park Board estimates a full-time position will be required to staff the program to ensurecompliance with existing regulatory and Best Practice guidelines. There is a potential that personnelcosts could be shared with another division, with this position having a dual purpose. However, thefinal placement and alignment of this position/program is undetermined at this time.

Estimated Personnel costs including benefits: $ 74,250.00

II. Operational EquipmentFor the Coastal Zone Stewardship Coordinator to be effective, the position will require the use andsupport of a vehicle, computer, radio, and other administrative tools. The position will be coordinatingthe oversight of concessionaires and others to provide services along the entire length of GalvestonIsland. It is essential this position have the use of a vehicle able to travel in deep sand, and thecommunication equipment necessary to maintain dependable and distinct methods of communication.

Estimated Equipment Costs: ½ ton 4x4 truck $35,000.00Laptop Computer $ 2,000.00Two-way Radio $ 1,500.00Mobile Phone $ 1,200.00

Estimated Total $ 39,700.00

III. Administrative SupportThe Coastal Zone Stewardship Coordinator position will require the use of various office supplies,equipment, and other administrative items.

Estimated Administrative Support: $ 2,500.00

IV. Estimated Operational and Administrative Cost Structure Summary

I. Park Board Program Staffing $74,250.00II. Operational Equipment $39,700.00III. Administrative Support $ 2,500.00

Estimated Coastal Zone Stewardship Coordinator: $116,450.00(Includes first year start up costs)

*Assumes a full time year round position

Beach Maintenance Wildlife Monitor Program

On March 1, 2017, the Park Board of Trustees of the City of Galveston received a permit (USACE permit no.SWG-2014-00448) to facilitate the relocation on sargassum seaweed along Galveston’s Gulf shoreline.

Park Board staff developed a temporary “umbrella” program to allow third parties (potentially HOA’s and serviceproviders) to undertake beach cleaning/seaweed relocation activities in conformance with the terms andconditions of USACE permit no. SWG-2014-00448.

Included within the USACE permit is the requirement to utilize wildlife monitors to ensure that endangered andlisted species are at all times protected during any beach cleaning or seaweed relocation activities, and theseactivities are only implemented within the guidelines of the permit.

The Park Board’s Coastal Zone staff receives annual training regarding species awareness to facilitate beachcleaning and seaweed relocation activities for Park Board designated areas and monitors are present wheneverthese activities are implemented.

It is difficult for the Park Board to confirm third parties that initiate seaweed relocation/beach cleaning activitiesare utilizing trained and approved wildlife monitors because of lack of on-site presence.

Ensuring an adequate supply of trained and available wildlife monitors is a logistical factor in the ParkBoard’s continuation of retaining the “umbrella” program.

The identified issues below intend to highlight some of the basic considerations necessary on each side of the issueregarding the Park Board maintaining a staffing list of wildlife monitors for seaweed relocation and beach cleaningactivities.

If the Park Board were to maintain an on-call list of approved wildlife monitors for its own (if needed); and thosethird party umbrella program participants, a dependable supply of monitors would need to be available at thelocations scheduled for cleaning ahead of those cleaning activities taking place.

Usual hourly rates for wildlife monitors have been approximately $15.00 hr., to ensure an available supplyconsideration of a higher pay rate of $20.00 hr. is warranted, with an added program administration cost of $7.00hr. For a total hourly cost of a minimum of $27.00 hr. to third parties.

It is also recommended that third parties not be authorized to provide their own internal wildlife monitors withoutcoordinating with the Park Board, as this could give the appearance of a conflict of interest and third parties couldbe perceived to “benefit” by not identifying wildlife if it is present to avoid a stoppage of work

Park Board Oversight of Wildlife Monitors

Pro’s Con’s

1.The Park Board would know third parties are using properly trained and approved wildlife monitors.

Implementation of this program creates an additional layer of administration for existing Park Board staff

2.Provides protection and reduces USACE permit violation liability to the Park Board by ensuring monitors are present.

Program logistics become potentially overwhelming if the program is utilized island-wide.

3.Requires third parties to coordinate with the Park Board in advance of beach cleaning occurring to facilitate scheduling.

Potential exists for third parties to be unable to clean beaches if Park Board supplied monitors fail to arrive at the location.

4.Wildlife monitors can provide accurate on-site information to the Park Board during incidents.

The higher hourly rate of wildlife monitors increases overallcosts.

5.Park Board would have a listing of trained and approved wildlife monitors for its use.

Some third parties may not be able to participate in the program due to the wildlife monitor cost

6.Compliance oversight of third parties is streamlined and more efficient.

Transportation logistics of monitors to specific locations andalong beachfront.

7.Program start-up administrative costs are currently an unbudgeted expense.

8.It is unknown how many third-party areas would utilize ParkBoard supplied wildlife monitors if the program is implemented.

Executive Director Update 6/26/2018

Staff has been working diligently to prepare budgets for committee review and deliberation. To date, allcost center budgets have been developed, reviewed internally by the executive management and presented to the Finance Committee. The Parks and Amenities committee has reviewed and commented on the parks budgets, while TDAC, BMAC and EELAC will begin reviews in July.

Third quarter business plan reviews begin the first week of July, along with 2018-2019 business plan development. Staff intends to present operational business plans to the committees in August and to the Board in October.

The Cavalla Historic Foundation has approached the Park Board about additional financial support needed to maintain the historical assets as Seawolf Park. After initial discussions between CHF leadership and the Park Board Chair, PAC Chair and ED, approval was given to provide $4,000 for safety improvements, $12,750 of FEMA funds for paint and welding supplies and to assume the electrical costs for 6 months. CHF is preparing a presentation for PAC to facilitate discussion regarding current maintenance challenges and exhibit opportunities. It is expected that this dialogue will be elevated to the Board in August as part of the budget discussion for Seawolf Park.

An orientation session for prospective trustees was held in anticipation of City Council interviews. Most but not all of the candidates participated in the session. Below is a list of all of those that interviewed tobe a trustee on the Park Board:

Mary Branum Jan Collier Frank Maceo Sam Malchor Maureen Patton Barbara Railey Marie Robb Eric Tucker Jason Worthen Sharon O'Connor

Trustee appointments will be made by City Council on Wednesday, June 27th. Three positions are open,with two positions being eligible for re-appointment. Chairwoman Joyce Calver McLean is termed out after six years of service.

Councilmember David Collins dedicated half a day to touring the Parks in District 3 (East Beach, East End Lagoon, Seawolf Park and Stewart Beach) with Park Board ED, Parks Superintendant and Chief of Beach Patrol. Jason Hardcastle is scheduled to tour Park Board projects on July 21st with staff and Councilwoman Jackie Cole has also committed to a tour with staff within the next two weeks.

Ron Klinger of Motivational Transitions has been hired to facilitate a dialogue with general fund staff regarding opportunities to increase efficiencies and improve administrative processes. Every member ofthe general fund staff is involved in weekly discussions and priority improvements have been identified in the areas of technology, talent management and effective organizational communication. Initial immediate upgrades for technology are included in the upcoming 2018/2019 budget, while work on larger organizational systems is expected in the following year.

The same firm is being utilized to facilitate dialogue with Galveston.com regarding the changing role of the website and electronic based services in destinational marketing. Changes in consumer booking patterns and the role of a website in driving visitors is being reviewed with an eye on how to best utilize technology, leverage creative capacity and respond to visitor inquiries. Immediate priorities have been identified in the areas of destination services, website and organizational structures to improve efforts and increase efficiencies.

TDAC has challenged a number of task force groups to identify strategies and opportunities in niche markets. Current task force discussions include 1.) culture and history, 2.) birding, 3.) fishing and recreational boating and 4.) winter holidays. The recommendations generated from these discussions will be moving up through TDAC and to the Board for deliberation shortly.

As a part of the Park Board's on-going advocacy efforts, the ED presented to the San Luis Rotary and Indian Beach HOA, while the Director of Operations participated at WIGIPOA and the Jamaica Beach Emergency Preparedness event. Executive management staff has also allocated time each month to send one representative from the executive team to attend City Council workshop and Regular Council meetings with the responsibility of identifying relevant topics and opportunities for collaboration. The Park Board has committed to sponsorship of the Chamber of Commerce's 2018 Coastal Legislative Tour reception to be held September 27, 2018 at the Galveston Island Convention Center.

Legal Council Carla Cotropia and ED met with Port Director Roger Rees to discuss an outline for an interlocal agreement that would focus on marketing efforts, development of package products and research. Staff expects to be able to present a proposal for consideration in July.

The City of Galveston enrolled and will certify 14 trolley/ transit drivers in July as Certified Tourism Ambassadors. Two social networking events were held in May and June at East Beach and Seawolf Park respectively. Current enrollment numbers for CTA stand at over 800.

Parks Weekly Revenue Report (insert graph)

The Seawall Historic beach nourishment project (12th to 61st) was recognized by ASPBA as one of five "Best Restored Beaches" for 2018, Social Media Manager Sarah Alexander was recognized by Destinations International as "30 Under 30" and Sports Tourism Sales Manager Bryan Kunz was recognized as "40 Under 40" by the Galveston Daily News.