HomeMy WebLinkAboutPR 20472: THE ZYDECO EVENS AND DANCE FESTIVALS ENTERTAINMENT, WINNER'S CIRCLE RIDERS OF SOUTHEAST TEXAS, CONCESSIONAIRE P.R. No. 20472
09 . 18 . 18 ht
RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE ZYDECO
EVENTS AND DANCE FESTIVALS ENTERTAINMENT AREA,
DESIGNATING WINNER' S CIRCLE RIDERS OF SOUTHEAST TEXAS AS
EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH WINNER' S CIRCLE RIDERS OF
SOUTHEAST TEXAS
WHEREAS, the Winner' s Circle Riders of Southeast Texas is a
trail ride and social and group located in the City of Port Arthur
with a mission to help the community grow though community service,
community events and scholarships; and
WHEREAS, the Winner' s Circle is proposing to host annual
events to promotes fundraising for scholarship awards and community
assistance throughout the City; and
WHEREAS, the Winner' s Circle is requesting City Council
approval for the use of the Downtown Pavilion for their upcoming
events beginning on December 7 , 2018 ; and
WHEREAS, the City Council also desires to promote the events
as a means to stimulate business and commercial activity within the
City; and
WHEREAS, the designation of Winner' s Circle Riders of
Southeast Texas as exclusive concessionaire and entering into an
agreement therewith is appropriate under Section 380 . 001 of the
Texas 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 the proposed festivals 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 Winner' s Circle of Southeast Texas is
hereby designated as the exclusive concessionaire of their Zydeco
Events and Dance Festivals .
Section 4 . That the City Manager is hereby authorized to
execute an Agreement with Winner' s Circle Riders of Southeast
Texas, 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 Winner' s Circle Rider will provide a
certificate of insurance coverage naming the City of Port Arthur as
the insured at least thirty (30) days prior to the beginning of
each event 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:
Valecia
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson,
Interim City Manager
Chandra Alpough,
Director of Parks and Recreation
Exhibit "A"
fir)
WINNER'S CIRCLE RIDERS
OF
SOUTHEAST TEXAS
To the City of Port Arthur,
Greetings from Johnathan Williams President of Winner's Circle Riders.
We are a trail ride and social group located in the City of Port Arthur. Our Mission
is to help our community grow through community service, community events and
scholarship. We look forward to hosting several events here in the City of Port
Arthur for years to come. This is the way we can continue to bring business to our
community, to our city, and help finance scholarships. On December 7, 2018 we
would like to begin hosting events here in our city. This will be the beginning of a
relationship with our group and the City of Port Arthur that will help bring visitors
and also citizen of Port Arthur something to look forward to. We are presenting a
community event that will feature live music, food vendors and family fun.
Security is our number once concern when dealing with citizens. A request from
The City of Port Arthur Police Department has been made to ensure thirteen to
fifteen uniform police officers will be present to keep the events secured. Event
insurance has also been put in place with a coverage of three million dollars.
We are looking forward to your approval of this agreement. If there are any
questions I can b- ontacted at 281-730-7323.
.I I �,l
I.,
J. ' nathan Wi'lia s
'r• sident
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Exhibit "B"
AGREEMENT BETWEEN
THE CITY OF PORT ARTHUR
AND
WINNER'S CIRCLE RIDERS OF SOUTHEAST TEXAS
THIS AGREEMENT is made by and between the City of Port Arthur, Texas
("City") and the Winner's Circle Riders of Southeast Texas, by and though its
President, Johnathan Williams ("Winner's Circle").
WITNESSETH:
WHEREAS, the City and Winner's Circle by and through its president,
Johnathan Williams, are desirous of continuing the celebration of Zydeco Events and
Dance Festivals to enhance the development of the tourist industry in Port Arthur and
improve the economic circumstances of the City in general; and,
WHEREAS, the City and Winner's Circle desires to enter into this Agreement
defining and coordinating the duties and responsibilities of the parties to this Agreement, to
facilitate the expeditious and efficient organization of the Zydeco Events and Dance
Festivals activities; and,
NOW, THEREFORE, it is hereby agreed that the City and Winner's Circle enter
into this Agreement regarding said Zydeco Events and Dance Festivals activities:
1. General Provisions. During the Zydeco Events and Dance Festivals, Winner's
Circle shall, as the exclusive concessionaire, on behalf of the City, coordinate and
schedule all public Zydeco Events and Dance Festivals events and functions.
2. Duties of Winner's Circle. Winner's Circle does hereby agree to be responsible
for the following activities in connection with the Zydeco Events and Dance
1
Festivals, at its expense, and the City does hereby delegate said responsibilities to
Winner's Circle along with certain income or revenues associated therewith:
(a) Winner's Circle shall recommend the area for such Zydeco Events and
Dance Festivals celebration, subject to the approval and designation of the
City Council.
(b) Winner's Circle is hereby appointed to coordinate all vendor activities
conducted on public lands and streets within the entertainment area during
the Zydeco Events and Dance Festivals period, giving special attention to
the hours of operation, location, products, costuming, booth design and
vendor permit fees. Vendors must obtain endorsement from Winner's
Circle before obtaining a vendor permit from the City, if one is required. If
a City vendor permit is not required, then vendors must obtain permission
from Winner's Circle before conduction any business within the
entertainment area.
(c) Winner's Circle is authorized to charge the following fees for admission
into the entertainment area; fee shall not exceed $30.00 per person on
Friday, December 7, 2018.
(d) Winner's Circle shall obtain City Council approval for the street closure for
the Zydeco Events and Dance Festivals festivities, as outlined in the Port
Arthur Code of Ordinances.
(e) Winner's Circle agrees to arrange for fencing the entertainment area, and
the City shall approve the area that Winner's Circle intends to fence.
Winner's Circle shall determine the location of fencing gates with the
approval of the City, and shall prepare all passes, provide attendants,
2
provide gate attendant information sheets, and prepare the signage to the
entrance gates. Winner's Circle agrees to contact the Fire Chief/Fire
Marshal to determine which areas will be suitable for emergency gates.
(1) Winner's Circle is responsible for arranging the entertainment area for
performers and entertainers, ticket sales to the entertainment area, and
obtaining clearances and approval from the City Council when required to
accomplish particular tasks. Winner's Circle 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.
Winner's Circle will not move or unduly interfere with the setup of the
stages by the City.
(h) Winner's Circle 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) Winner's Circle shall provide trash barrels in the Zydeco Events and Dance
Festivals entertainment area.
(j) Winner's Circle shall be in charge of the cleanup of the Zydeco Events and
Dance Festivals entertainment area.
(k) Winner's Circle shall coordinate and enforce contracts with all temporary
concessions in the Zydeco Events and Dance Festivals entertainment area,
and the City shall have the right to approve or disapprove said concessions
after Winner's Circle approval.
3
(1) Winner's Circle shall coordinate all Zydeco Events and Dance Festivals
activities, and shall, when necessary, secure special approval of the City.
Winner's Circle shall submit a master plan to the City on or before October
8, 2018 (60 days prior to the start of festival) of all activities to be
undertaken as a part of the Zydeco Events and Dance Festivals festivities,
including the activities, concessions and location of the tentative Zydeco
Events and Dance Festivals 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) Winner's Circle shall obtain at its sole cost and expense, and cause to be
kept in full force and effect at all times during the Zydeco Events and Dance
Festivals a legally binding policy of insurance issued by best rated carriers
approved to do business in the State of Texas by the State Insurance
Commission. The insurance coverage under such policy shall be
comprehensive general public liability insurance, and shall name and
include the City, its officers, employees and agents as additional named
insureds, protecting them from liability from any such matters arising out of
the Zydeco Events and Dance Festivals. 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
4
additionally provide contractual liability coverage for Winner's Circle 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 Winner's Circle. 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 Zydeco Events and Dance Festivals. 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 Winner's Circle
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 Winner's
Circle's obligation under this section.
(n) Winner's Circle 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,
5
(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 Zydeco Events and Dance
Festivals, or the construction, maintenance, existence, operation,
repair or removal of any bench, stage, shelter or other type of
structure on the Zydeco Events and Dance Festivals entertainment
area.
3. Duties of the City. The City does hereby agree to be responsible for the following
activities in connection with the Zydeco Events and Dance Festivals, said expenses
to be reimbursed by Winner's Circle.
(a) Types and location of all temporary concession permits on public property
within the Zydeco Events and Dance Festivals entertainment area shall be
subject to the prior approval of the Winner's Circle.
(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 Winner's Circle 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 Zydeco Events and Dance
Festivals activities occurring or taking place on City streets, alleys, and
rights-of-way after Winner's Circle has approved or proposed same.
6
(e) The City must approve any and all firework displays or laser light shows
being planned, after Winner's Circle has first approved or proposed same.
4. Term. This agreement shall be in force and effect until December 31, 2018.
5. Termination. The City Manager, after consultation with the Chief of Police can
terminate this agreement and the Zydeco Events and Dance Festivals celebration for
security concerns.
6. Financial Reporting and Settlement of Expenses. Winner's Circle and the City
each agree to deliver to the other a report of its receipts and expenditures of the
Zydeco Events and Dance Festivals within ninety (90) days after the conclusion of
the Zydeco Events and Dance Festivals festivities for each year subject to the
Agreement. Winner's Circle 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 Winner's Circle and used
for the event.
7. Compliance with Laws. Both parties agree to mutually cooperate to enforce all
laws and regulations relating to the Zydeco Events and Dance Festivals, 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 Zydeco Events and Dance Festivals
entertainment area.
8. Amendments. This Agreement shall not be altered or amended without the prior
written consent of all parties hereto as to such alteration or amendment.
SIGNED AND AGREED TO on this day of
A.D., 2018.
7
By:
Johnathan Williams, President
Winner's Circle of Southeast Texas
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
Johnathan Williams, President of Winner's Circle of Southeast Texas 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
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SIGNED AND AGREED TO on this day of
A.D., 2018.
By:
Harvey Robinson,
Interim City Manager
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
9
Exhibit "C"
CERTIFICATE OF INSURANCE ISSUE DATE 10/30/2018
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
Bobby Holmes Insurance Agency INSURER A: Lloyd's of London
1120 Woodworth Blvd
Port Arthur,TX 77640
INSURER B: N/A
INSURED INSURER C: N/A
Winners Circle Riders of, Southeast Texas INSURER D: N/A
8601 Willowbend Court
Port Arthur, TX 77642
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 CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
INSR TYPE OF POLICY POLICY POLICY LIMITS
LTR INSURANCE NUMBER EFFECTIVE DATE EXPIRATION DATE
A GENERAL LIABILITY TCN105052 12/7/2018 12/10/2018 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 BUILDING
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