HomeMy WebLinkAboutPR 20745: DESIGNATING AND ESTABLISHING THE ANNUAL ZYDECO DANCE FESTIVAL P.R. No. 20745
03/12/19 ht
RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE ANNUAL
ZYDECO DANCE FESTIVAL ENTERTAINMENT AREA FOR 2019,
DESIGNATING WANTED RIDERS TRAIL RIDE SOCIAL AND CIVIC
ORGANIZATION AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WANTED
RIDERS TRAIL RIDE SOCIAL AND CIVIC ORGANIZATION
WHEREAS, the Wanted Riders Trail Ride Social & Civic
Organization is a unincorporated business owned by Charisma Lewis,
acting by and through its President, Clay Lewis, Jr. , that focuses
on community service and advancement of education of children
within the city of Port Arthur; and
WHEREAS, the Wanted Riders have been holding an annual
festival that promotes fundraising for scholarship awards and
community assistances throughout the City; and
WHEREAS, due to the growth of the organization, the Wanted
Riders have outgrown the venue previously used for their festival
and are now requesting Council approval to utilize the downtown
Pavilion for their 2019 Zydeco Dance Festival ; and
WHEREAS, the City Council desires to promote the Zydeco Dance
Festival as a means to stimulate business and commercial activity
within the City; and
WHEREAS, the designation of Wanted Riders Trail Ride Social &
Civic Organization 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 2019 Zydeco Dance Festival
to be that certain area known as the Downtown Pavilion and
surrounding areas as depicted and described in Exhibit "C" attached
hereto and made a part hereof .
P.R. No. 20745
03/12/19 ht
Section 3 . That Wanted Riders Trail Ride Social & Civic
Organization is hereby designated as the exclusive concessionaire
of the 2019 Zydeco Dance Festival .
Section 4 . That the City Manager is hereby authorized to
execute an Agreement with Wanted Riders Trail Ride Social & Civic
Organization, with said Agreement containing the duties and
responsibilities of each party, in substantially the same form as
attached hereto as Exhibit "A.
Section 5 That Wanted Rider has provided a certificate of
insurance coverage to the City as shown in Exhibit "B" .
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 ,
2019 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
P.R. No. 20745
03/12/19 ht
APPROVED AS TO FORM:
Valecia R. T ' eno,
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson,
Interim City Manager
Ronald Burton,
Asst. City Manager - Operations
Timothy Duriso,
Police Chief
Larry Richard,
Fire Chief
Chandra Alpough,
Director of Parks and Recreation
Darlene Thomas Pierre,
Director of Code Enforcement
P.R. No. 20745
03/12/19 ht
Exhibit "A"
Wanted Riders Trail Ride Social& Civic Organization
Port Arthur,TX
March 6,2019
The Great City of Port Arthur
444 4th Street
Port Arthur,TX 77640
To Whom It May Concern:
I serve as President of the social and civic trail ride group "Wanted Riders". We are an organization that
focus on community service and advancement of education of children.
We are proud to have been successful in providing scholarships to Memorial High School and Tekoa
Academy last year to 8 graduates. We also contribute to the Breast Cancer Foundation/walk and host
a free community wide cookout at Rose Hill Park supplying free food,games and entertainment as well
as host a back to school supply drive.
Each year we host an annual zydeco in April that plays a very big part in raising money to offer the
scholarships and other community events and aide. The City of Port Arthur has been gracious to allow
us to host these event at the Port Arthur Pavilion on Procter Street in downtown Port Arthur since 2017,
and we are requesting permission to host the event again April 26, 2019 at the Pavilion.
Our vision would be the same as we have done in the past years,which is fencing off the area, selling
wrist bands for entrance and with permission to sale beer and BYOB,which is the same process that was
granted to us in previous years.The process would be similar to Mardi Gras. We have secured a three
million dollar insurance policy and obtained street closure forms and have contacted the Port Arthur
Police Department, in addition to hiring other security.
This has proven to be a great event each year and we anticipate the same. We have also secured area
hotels for lodging all our out of town guest in the hope of bringing money to our local businesses and
community.
We will assume full responsibility for the cleanup of the event,ensuring that all trash is picked up and
cleared and place in the designated area for disposal/pick up. We will be happy to adhere to any
guidelines, policy, procedures and rule that you deem necessary and make the necessary adjustments
on our part to make this happen. Your consideration would be greatly appreciated.
Si cer- t
•
ay Lewis,Jr. Pr ident
Email: lewisjr78@gmail.com
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR
AND
WANTED RIDERS
TRAIL RIDE SOCIAL AND CIVIC ORGANIZATION
THIS AGREEMENT is made by and between the City of Port Arthur, Texas
("City") and the Wanted Riders Trail Ride Social and Civic Organization, by and
though its owner Charisma Lewis and President, Clay Lewis,Jr. ("Wanted Riders").
WITNESSETH:
WHEREAS, the City and Wanted Riders by and through its owner, Charisma
Lewis and President, Clay Lewis, Jr., are desirous of continuing the celebration of the
Zydeco Dance Festival 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 Wanted Riders 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 Dance Festival activities;
and.
NOW, THEREFORE, it is hereby agreed that the City and Wanted Riders enter
into this Agreement regarding said Zydeco Dance Festival activities scheduled for 2019:
1. General Provisions. During the Zydeco Dance Festival, Wanted Riders shall, as
the exclusive concessionaire, on behalf of the City, coordinate and schedule all,
public Zydeco Dance Festival events and functions.
2. Duties of Wanted Riders. Wanted Riders does hereby agree to be responsible for
the following activities in connection with the Zydeco Dance Festival 2019, at its
1
expense, and the City does hereby delegate said responsibilities to Wanted Riders
along with certain income or revenues associated therewith:
(a) Wanted Riders shall recommend the area for such Zydeco Dance Festival
celebration, subject to the approval and designation of the City Council.
(b) Wanted Riders is hereby appointed to coordinate all vendor activities
conducted on public lands and streets within the entertainment area during
the 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 Wanted Riders 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 Wanted
Riders before conduction any business within the entertainment area.
(c) Wanted Riders is authorized to charge the following fees for admission
into the entertainment area; fee shall not exceed $20.00 per person on
Friday, April 26, 2019.
(d) Wanted Riders shall obtain City Council approval for the street closure for
the Zydeco Dance Festival festivities, as outlined in the Port Arthur Code of
Ordinances.
(e) Wanted Riders agrees to arrange for fencing the entertainment area, and
the City shall approve the area that Wanted Riders intends to fence.
Wanted Riders 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
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entrance gates. Wanted Riders agrees to contact the Fire Chief/Fire
Marshal to determine which areas will be suitable for emergency gates.
(f) Wanted Riders is responsible for arranging of 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. Wanted Riders 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.
Wanted Riders will not move or unduly interfere with the setup of the
stages by the City.
(h) Wanted Riders 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) Wanted Riders shall provide trash barrels in the Zydeco Dance Festival
entertainment area.
(j) Wanted Riders shall be in charge of the cleanup of the Zydeco Dance
Festival entertainment area.
(k) Wanted Riders shall coordinate and enforce contracts with all temporary
concessions in the Zydeco Dance Festival entertainment area, and the City
shall have the right to approve or disapprove said concessions after Wanted
Riders approval.
(1) Wanted Riders shall coordinate all Zydeco Dance Festival activities, and
shall, when necessary, secure special approval of the City. Wanted Riders
3
shall submit a master plan to the City on or before March 26, 2019 (30 days
prior to the start of festival) of all activities to be undertaken as a part of the
Zydeco Dance Festival festivities, including the activities, concessions and
location of the tentative 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) Wanted Riders shall obtain at its sole cost and expense, and cause to be
kept in full force and effect at all times during the 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 the 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
Wanted Riders and indemnification of the City. The naming of the City,
its officers, employees and agents as additional named insureds in the policy
4
shall not thereby cause them to be deemed partners or joint ventures with
Wanted Riders. 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 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 Wanted Riders
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 Wanted
Riders' obligation under this section.
(n) Wanted Riders 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
5
whatsoever may arise out of or will be attributable, directly or
indirectly, to the occurrence of the Zydeco Dance Festival, or the
construction, maintenance, existence, operation, repair or removal
of any bench, stage, shelter or other type of structure on the
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 Zydeco Dance Festival, said expenses to be
reimbursed by Wanted Riders.
(a) Types and location of all temporary concession permits on public property
within the Zydeco Dance Festival entertainment area shall be subject to the
prior approval of the Wanted Riders.
(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 Wanted Riders 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 Dance Festival
activities occurring or taking place on City streets, alleys, and rights-of-way
after Wanted Riders has approved or proposed same.
(e) If any, the City must approve any and all firework displays or laser light
shows being planned, after Wanted Riders has first approved or proposed
same.
4. Term. This agreement shall be in force and effect until May 26, 2019.
6
5. "Termination. The City Manager, after consultation with the Chief of Police can
terminate this agreement and the Zydeco Dance Festival celebration for security
concerns.
6. Financial Reporting and Settlement of Expenses. Wanted Riders and the City
each agree to deliver to the other a report of its receipts and expenditures of the
Zydeco Dance Festival within ninety (90) days after the conclusion of the Zydeco
Dance Festival festivities for each year subject to the Agreement. Wanted Riders
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 Wanted Riders 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 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 Zydeco Dance Festival 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., 2019.
By:
Charisma Lewis dba
Wanted Riders
7
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
Charisma Lewis dba Wanted Riders 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 . 2019.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
8
SIGNED AND AGREED TO on this day of
A.D.. 2019.
By:
Clay Lewis dba
Wanted Riders
ACKNOWLEGEMENT
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
Clay Lewis, Jr., President of Wanted Riders 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 , 2019.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
9
SIGNED AND AGREED TO on this day of
A.D., 2019.
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 , 2019.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
10
P.R. No. 20745
03/12/19 ht
Exhibit "B"
..--r1 m CERTIFICATE OF LIABILITY INSURANCE DAT!(MMlODlYYY/J
,a►�oun
0310b12019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
Ray Insurance P arE+E Terry Ray -- FAX
7200 Hwy 87 North s.Ext);409_383_4717 a(„�f�,1;409-420-3080
Orange TX 77632 ADDRLss:torr ry terryrayinsurance.com ___ _
INSURER(S)AFFORDING COVERAGE NAIL M _
i NSURERA:United States Liability Ins Co I
INSURED Clay Lewis Jr INSURER B:
3617 5th St INSURER C: - __ •_—_
Port Arthur TX 77642 INSURER D: __ u_ ----- -----_—____
INSURER E: ' —.—
Charisma Lewis INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I'ADDL SUER ( POLICY EFF r POLICY EXP 1 UM1T9 ._._
LTR TYPE OF INSURANCE NSD POLICY NUMBER IIMMf00rYYYY)IIMMJDDIYYYYI'
A / COMMERCIAL GENERALUABILITY ' ✓ 1 CL1795874 ;0412512019 0412712019 EACH OCCURRENCE 91,000,000
DAMAGETO RENTED
CLAMS-MADE V OCCUR I PRE MI ER(Ee acurrgn91 $100,000
— MED EXP(Any one person) S 1,000
PERSONAL 8 ADV INJURY 5 1,000,000
GEN'L AGGREGATE U MIT APPLIES PER. GENERAL AGGREGATE S 3,000,000
si POLICY E Tea ❑100 PRODUCTS•COMP/OP AGO $EXCLUDED
OTHER Li� s
1 AUTOMOBILE LIABILITY IED aBINDISINGLE LIMIT s
ANY AUTO BODILY INJURY(Per pe:scn) S
— OWNED SCHEDULED BCDILYINJURY;Per acciderM) 5
AUTOS ONLY AUTOS -----
HIRED NON-ONNED PROPERTY DAMAGE 5
_ AUTOS ONLY -� AUTOS ONLY (Per acc dent) _-
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UMBRELLA UAB OCCUR 1_3___1EACH OCCURRENCE S
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES'AGGRO 101,Additional Remarks Schedule,may be attached If more space Is required)
Concert
CERTIFICATE HOLDER CANCELLATION
City of Port Arthur Parks and Recreation Dept SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
1308 9th Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Port Arthur,TX 77542 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED ENTA7114E
I ' . 015
A ORD C RPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Produced uslnu Forms Boss Web Software.www.Formsfloss,com(e)Impresslvs Publishing 500.206.1977
P.R. No. 20745
03/12/19 ht
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