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Home My WebLink AboutPR 20419: ESTABLISHING THE SOUTHERN SOUL AND ZYDECO DANCE FESTIVAL ENTERTAINMENT AREA P.R. No. 20419 08/21/18 ht RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE SOUTHERN SOUL AND ZYDECO DANCE FESTIVAL ENTERTAINMENT AREA, DESIGNATING DINGO LOOSE PRODUCTIONS AND CLIFTON E. WILLIAMS, SR. AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DINGO LOOSE PRODUCTIONS AND CLIFTON E. WILLIAMS, SR. WHEREAS, Dingo Loose Productions and Clifton E. Williams, Sr. has express intentions of holding a Southern Soul and Zydeco Dance Festival for the community on October 27 , 2018 ; and WHEREAS, Dingo Loose Productions and Clifton E. Williams, Sr. is requesting Council approval for the use of the Downtown Pavilion located at 500 Procter Street, for the said Festival; and WHEREAS, the City Council and the citizens of Port Arthur also desires to promote the Southern Soul and Zydeco Dance Festival as a means to stimulate business and commercial and entertainment activity within the City; and WHEREAS, the designation of Dingo Loose Productions and Clifton E. Williams, Sr. as exclusive concessionaire and entering into an agreement therewith is appropriate under Section 380 . 001 of the Local Government Code . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That the City Council designates and establishes the entertainment area for 2018 Southern Soul and Zydeco Dance Festival to be that certain area known as the Downtown Pavilion and surrounding areas as depicted and described in Exhibit "A" attached hereto and made a part hereof . Section 3 . That Dingo Loose Productions and Clifton E. Williams, Sr. are hereby designated as the exclusive concessionaire of the Southern Soul and Zydeco Dance Festival . Section 4 . That the City Manager is hereby authorized to execute an Agreement with Dingo Loose Productions and Clifton E. Williams, Sr. , with said Agreement containing the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit "B. Section 5 That Dingo Loose Productions and Clifton E. Williams, Sr. have provided a certificate of insurance coverage to the City as shown in Exhibit "C" . Section 6 . That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED, AND APPROVED, this day of 2018 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote : AYES : Mayor: Councilmembers : NOES : Derrick Ford Freeman, Mayor ATTEST : Sherri Bellard, City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia R. Tizeno, Harvey Robinson, City Attorney Interim City Manager Exhibit "A" CLIFF TOWN ENTERTAINMENT CLIFTON E. WILLIAMS, SR. 337-315-4822 I would like to have a concert at the City Pavilion on October 27, 2018 from 5:00 pm to Midnight. The artist will be Southern Soul and Zydeco Artist. We will like to block off the 500 block of Proctor and the 400 block of Waco and Austin. We will also sell alcohol and food. Contact me if you have any questions l/ Z(//t:// -- Clift n E. Williams Sr. Cliff Town Entertainment 3. 1 ^ :s i m �� . ;' cLAct: r: , -7,1 ilir4 " 1 + to lib i __. __ .... fr•r- mf - _ i T 0 .4.5 "!-- W-_?--,:e:_:•40.!.; -..A @ ii . sk. ....% p . .7.' - _ i c 4 11114, ----__— . - . :-:-.-77-,-,. ..i i _ } 1P1 4 r - I / ; _ .:.,:... ............s.al 1 ' ,: 6 y� .-.r �. �',r c . - JL,U 4 ... Austin Ave Austin=Ave �i'i. • fir - :ltil a e. `` F Y C a I ter - _ io- • ,. iF . 4. 21 ' -f f I I ° � v f 1 BLC�kILR. U I Lij Lid __________ e I I a ! fi l 1i 0 U I trIl ,, ,, A ..., I1 , iT, Ft , ., l _ _ ___ _ _ _ _ _ _ _ _ ____ _ I - A usT: Roti . I -c--fit ,,-, t, „,,, ;,...? ..‹.1c? U' �'' ,fi •} E /y]E p ({/j1_ nt F Exhibit "B" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND DINGO LOOSE PRODUCTIONS & CLIFTON E. WILLIAMS, SR. THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and Dingo Loose Productions & Clifton E. Williams, Sr. ("Dingo Loose Productions") WITNESSETH: WHEREAS, the City and Dingo Loose Productions & Clifton Williams, Sr., are desirous of continuing the celebration of the Southern Soul and Zydeco Dance to enhance the development of the tourist and entertainment industry in Port Arthur and improve the economic circumstances of the City in general; and, WHEREAS, the City and Dingo Loose Productions desire to enter into this Agreement defining and coordinating the duties and responsibilities of the parties to this Agreement, to facilitate the expeditious and efficient organization of the Southern Soul and Zydeco Dance Festival activities; and, NOW, THEREFORE, it is hereby agreed that the City and Dingo Loose Productions enter into this Agreement regarding said Southern Soul and Zydeco Dance Festival activities scheduled for October 27, 2018: 1. General Provisions. During Southern Soul and Zydeco Dance Festival Dingo Loose Productions shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all, public Southern Soul and Zydeco Dance Festival events and functions. 1 2. Duties of Dingo Loose Productions. Dingo Loose Productions does hereby agree to be responsible for the following activities in connection with the Southern Soul and Zydeco Dance Festival 2018, at its expense, and the City does hereby delegate said responsibilities to Dingo Loose Productions along with certain income or revenues associated therewith: (a) Dingo Loose Productions shall recommend the area for such Southern Soul and Zydeco Dance Festival celebration, subject to the approval and designation of the City Council. (b) Dingo Loose Productions is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Southern Soul and Zydeco Dance Festival period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from Dingo Loose Productions before obtaining a vendor permit from the City, of one is required. If a City vendor permit is not required, then vendors must obtain permission from Dingo Loose Productions before conduction any business within the entertainment area. (c) Dingo Loose Productions is authorized to charge the following fees for admission into the entertainment area; fee shall not exceed $30.00 per person on Saturday, October, 27, 2018. (d) Dingo Loose Productions shall obtain City Council approval for the street closure for the Southern Soul and Zydeco Dance Festival festivities, as outlined in the Port Arthur Code of Ordinances. 2 (e) Dingo Loose Productions agrees to arrange for fencing the entertainment area, and the City shall approve the area that Dingo Loose Productions intends to fence. Dingo Loose Productions shall determine the location of fencing gates with the approval of the City, and shall prepare all passes, provide attendants, provide gate attendant information sheets, and prepare the signage to the entrance gates. Dingo Loose Productions agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) Dingo Loose Productions is responsible for arranging for the entertainment area performers and entertainers, ticket sales to the entertainment area, and obtaining clearances and approval from the City Council when required to accomplish particular tasks. Dingo Loose Productions shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (g) The City will provide the platform stages in the entertainment area, including putting up the stages and taking them down after the festival. Dingo Loose Productions will not move or unduly interfere with the setup of the stages by the City. (h) Dingo Loose Productions shall provide sanitary port-a-cans (portable toilets), shall be responsible for the site location of same, determining the number required, and providing a map for locations of said port-a-cans. (i) Dingo Loose Productions shall provide trash barrels in the Southern Soul and Zydeco Dance Festival entertainment area. 3 (j) Dingo Loose Productions shall be in charge of the cleanup of the Southern Soul and Zydeco Dance Festival entertainment area. (k) Dingo Loose Productions shall coordinate and enforce contracts with all temporary concessions in the Southern Soul and Zydeco Dance Festival entertainment area, and the City shall have the right to approve or disapprove said concessions after Dingo Loose Productions approval. (1) Dingo Loose Productions shall coordinate all Southern Soul and Zydeco Dance Festival activities, and shall, when necessary, secure special approval of the City. Dingo Loose Productions shall submit a master plan to the City on or before August 28, 2018 (60 days prior to the start of festival) of all activities to be undertaken as a part of the Southern Soul and Zydeco Dance Festival festivities, including the activities, concessions and location of the tentative Southern Soul and Zydeco Dance Festival entertainment area. Any changes, modifications or amendments to the original site plan approved by the City Manager shall also be submitted to the City Manager for further review and approval. (m) Dingo Loose Productions shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Southern Soul and Zydeco Dance Festival a legally binding policy of insurance issued by best rated carriers approved to do business in the State of Texas by the State Insurance Commission. The insurance coverage under such policy shall be comprehensive general public liability insurance, and shall name and include the City, its officers, employees and agents as additional named insureds, protecting them from liability from any such matters arising out of 4 the Southern Soul and Zydeco Dance Festival. The policies must be endorsed to state that the coverage extended to the City of Port Arthur, its officers, employees and agents, is to be primary irrespective of any other primary insurance coverage maintained by the City of Port Arthur. The limits of coverage under the policy shall be a minimum of One Million Dollars ($1,000,000) combined single-limit coverage for death of or injury to person and/or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for Dingo Loose Productions and indemnification of the City. The naming of the City, its officers, employees and agents as additional named insureds in the policy shall not thereby cause them to be deemed partners or joint ventures with Dingo Loose Productions. The policy shall be performable in Port Arthur, Jefferson County, Texas and shall be construed in accordance with the laws of the State of Texas. A certificate of all such insurance coverage shall be delivered to the City through its City Manager no later than thirty (30) days before the commencement of the Southern Soul and Zydeco Dance Festival. The policy shall provide that it shall not be subject to cancellation by the insurers except upon delivery of written notice to the City Manager at least fifteen (15) days prior to the effective date of cancellation; and in such case Dingo Loose Productions shall, prior to the effective date of cancellation, secure substitute policies furnishing the same coverages set forth above. The furnishing of such insurance coverage shall not in any way, limit or satisfy any of Dingo Loose Production's obligation under this section. 5 (n) Dingo Loose Productions shall covenant and agree to indemnify and to save and hold harmless the City, its agents, officers and employees, and any persons from the following: (i) Any and all claims, actions and suits whether groundless or otherwise, and any judgment resulting therefrom, and expenses connected with any such claims, actions or suits including, but not limited to attorney's fees; and, (ii) Upon the option of the City, the duty to defend against any such claims, action or suits whether groundless or otherwise; and, (iii) Any and all liabilities, losses, damages, costs, charges and other expenses of every kind and character, any of which for any reason whatsoever may arise out of or will be attributable, directly or indirectly, to the occurrence of the Southern Soul and Zydeco Dance Festival, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Southern Soul and Zydeco Dance Festival entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Southern Soul and Zydeco Dance Festival, said expenses to be reimbursed by Dingo Loose Productions. (a) Types and location of all temporary concession permits on public property within the Southern Soul and Zydeco Dance Festival entertainment area shall be subject to the prior approval of the Dingo Loose Productions. 6 (b) The City shall be responsible for approving or disapproving all banners, signage and advertisements to be installed on or above the City right-of-way after Dingo Loose Productions has first approved or proposed same. (c) The City shall be responsible for approving in advance the location of the bleachers in the City right-of-way. (d) The City shall have the right of approval over all Southern Soul and Zydeco Dance Festival activities occurring or taking place on City streets, alleys, and rights-of-way after Dingo Loose Productions has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after Dingo Loose Productions has first approved or proposed same. 4. Term. This agreement shall be in force and effect until November 28, 2018. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Southern Soul and Zydeco Dance Festival celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. Dingo Loose Productions and the City each agree to deliver to the other a report of its receipts and expenditures of the Southern Soul and Zydeco Dance Festival within ninety (90) days after the conclusion of the Southern Soul and Zydeco Dance Festival festivities for each year subject to the Agreement. Dingo Loose Productions shall reimburse the City for the overtime costs (hours worked outside normal shifts) of police, firefighters and other City personnel, as well as the supplies and equipment that are requested by Dingo Loose Productions and used for the event. 7 7. Compliance NI ith Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to the Southern Soul and Zydeco Dance Festival, including but not limited to the enforcement of the Port Arthur Code of Ordinances which makes it unlawful for anyone to bring coolers containing food and beverages, glass containers, canned drinks and pets into the Southern Soul and Zydeco Dance Festival entertainment area. 8. Amendments. This Agreement shall not be altered or amended without the prior ww rittcn consent of all parties hereto as to such alteration or amendment. SIGNED AND AGREED TO on this day of A.D., 2018. By: Clifton E. Williams, Sr. SIGNED AND AGREED TO on this day of A.D., 2018. By: Yonn Samuels, Dingo Loose Productions SIGNED AND AGREED TO on this day of A.D., 2018. By: Harvey Robinson, Interim City Manager 8 ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Clifton Williams. Sr. known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2018. 10 ACKNOWLEGEMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Yonn Samuels, Dingo Loose Productions known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2018. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 9 ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Harvey Robinson, Interim City Manager of the City of Port Arthur, known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2018. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 11 Exhibit "C" 4(11;) ar 3100 UNDERWRITERS, INC. _ 3060 South Church Street P.O.Box 286 Burlington,North Carolina 27218 (Local)336-584-8892 (FAX)336-584-8880 (Claims FAX)338-538-0094 Date: 8/2312018 To: Elizabeth Valastro Re: DINGO LOOSE PRODUCTIONS-OTSYY-T Dear Agent, Thank you for the Certificate of Insurance request. An "Insurance Binder"is attached showing the name and address of the submitted certificate holder. *Please note that Tapco must receive the following before a Certificate of Insurance can be considered for processing: • Completed and signed Application(s) • Premium (*Certificates of Insurance cannot be processed until the actual policy is issued. In order to issue the policy, Tapco must first receive a properly completed application and net premium per the terms and conditions on the Binder Invoice, Binder Summary Sheet and attached Insurance Binder). Completed and signed applications may be emailed to COIS(c)gotapco_com or faxed to 336-585-0858. Premium may be remitted to Tapco via ACH/Credit card by contacting Tapco's accounting department at 1-800-334-5579, Thank you for your business! TAPCO If the application and premium have already been remitted to Tapco, please disregard this memo. Once the policy has been issued, please submit a request to CQ1S(a)gotapco.com or fax to 336-585-0858 for a Certificate of Insurance. CERTIFICATE OF INSURANCE ISSUE DATE 8/24/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:IF THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED,THE POLICY(IES)MUST BE ENDORSED.IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY,CERTAIN POLICIES MAY REQUIRE AN ENDORSEMENT.A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). PRODUCER INSURER(S)AFFORDING COVERAGE Elizabeth Valastro INSURER A: Lloyd's of London 2824 AVENUE H NEDERLAND, TX 77627 INSURER B: N/A INSURED INSURER C: Dingo Loose Productions , &Cliff Williams INSURER D: 5003 N Ravencrest Ln. Lehi, UT 84043 INSURER E: N/A COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF POLICY POLICY POLICY LIMITS LTR INSURANCE NUMBER EFFECTIVE DATE EXPIRATION DATE A GENERAL LIABILITY TCN104188 10/27/2018 10/28/2018 GENERAL AGGREGATE 2,000,000 PRODUCTS-COM/OP AGG. Included PERSONAL&ADV.INJURY 1,000.000 EACH OCCURRENCE 1,000,000 DAMAGE PREM RENTED TO YOU 50.000 MED EXPENSE(Any one person) 1,000 B PERSONAL LIABILITY COMBINED SINGLE LIMIT MEDICAL PAYMENTS TO OTHERS C EXCESS LIABILITY EACH OCCURRENCE AGGREGATE D E B PROPERTY UILDING CONTENTS BUSINESS INCOME DESCRIPTION OF OPERATIONS/SPECIALTY ITEMS Concerts-Country,reggae,etc. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Port Arthur BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 444 4th St. ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur,TX 77641 AUTHORIZED SIGNATURE INSURANCE BINDER ISSUE DATE 8/23/2p1: PLEASE NOTE THAT THIS BINDER IS FOR TEMPORARY INSURANCE FOR A TWELVE-DAY PERIOD, THIS BINDER EXISTS ON ITS OWN TERMS AND EXPIRES ON ITS OWN TERMS. WHEN A BINDER EXPIRES ON ITS OWN TERMS,NO COVERAGE EXISTS THEREAFTER, REQUIREMENTS FOR NOTICE OF CANCELLATION TO INSUREDS DO NOT APPLY TO EXPIRED BINDER. PRODUCER INSURER(S)AFFORDING COVERAGE Elizabeth Valastr0 2824 AVENUE H INSURER A: Lloyds of London NEDERLAND,TX 77627 INSURER B: N/A INSURED INSURER C: N/A DINGO LOOSE PRODUCTIONS INSURER D: WA 19411 Solon Springs Crt Tomball,TX 77375 INSURER E: N/A BINDER TERMS: THE FOLLOWING COVERAGE HAS BEEN BOUND PROVIDED TAPCO RECEIVES A PROPERLY COMPLETED APPLICATION AND A PREMIUM PAYMENT WITHIN 12 DAYS OF THE EFFECTIVE DATE. FAILURE TO REMIT PREMIUM AND APPLICATION WITHIN 12 DAYS OF THE EFFECTIVE DATE SHOWN BELOW WILL NULLIFY AND VOID THIS BINDER. NSR COVERAGES BINDER ID PROPOSED PROPOSED LIMITS LTR EFFECTIVE DATE EXPIRATION DATE A III GENERAL LIABILITY OTSYY-T 10/27/2018 10/28/2018 GENERAL AGGREGATE 2,000,000 PRODUCTS-COM/OP AGG. Included PERSONAL&ADV.INJURY 1,000,000 EACH OCCURRENCE 1,000,000 DAMAGE PREY RENTED TO YOU 50,000 MED EXPENSE(Any ono parson) 1,000 PERSONAL LIABILITYCOMBINED SINGLE LIMIT MEDICAL PAYMENTS TO OTHERS C EXCESS LIABILITY EACH OCCURRENCE AGGREGATE D PROPERTY BUILDING CONTENTS BUSINESS INCOME DESCRIPTION OF OPERATIONS/SPECIALTY ITEMS Concerts-Country,reggae.etc. NAME AND ADDRESS City of Port Arthur 444 4th St. //— Yt'2- Port Arthur,TX 77041 AUTHORIZED SIG TURF