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HomeMy WebLinkAboutPR 21316: ANNUAL ZYDECO DANCE FESTIVAL / TRAIL RIDE P.R. No. 21316 03/05/20 ht RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE ANNUAL ZYDECO DANCE FESTIVAL ENTERTAINMENT AREA FOR 2020, DESIGNATING WANTED RIDERS TRAIL RIDE SOCIAL AND CIVIC ORGANIZATION AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THEREOF WHEREAS,the Wanted Riders Trail Ride Social&Civic Organization is an unincorporated business owned by Charisma Lewis,acting by and through its President,Clay Lewis,Jr.,that focuses on community service and advancement of education for children within the City of Port Arthur;and WHEREAS,the organization has been hosting annual festivals that promotes fundraising for scholarship awards and free community wide events throughout the City; and WHEREAS,the Wanted Riders is hereby requesting City Council's approval to utilize the downtown Pavilion for their annual 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 the 2020 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. Section 3. That Wanted Riders Trail Ride Social & Civic Organization is hereby designated as the exclusive concessionaire of the 2020 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". P.R. No. 21316 03/05/20 ht 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 ,2020 AD,at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote:AYES: Mayor: ; Councilmembers: ; NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 44A Valecia R. T. e o. City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager —z 1 P.R. No. 21316 J ,-> c-e04 1 2 p 03/05/20 ht l � f Timothy D iso, Police Chief Larry Richard, Fire Chief Chandra Alpough, Director of Parks and Recreation Darlene Thomas Pierre, Code Compliance Manager Judith Smith, Director of Health Department Alberto Elefano, Director of Public Works P.R. No. 21316 03/05/20 ht Exhibit "A" 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 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 though its Owner, Charisma Lewis and President, Clay Lewis, Jr., are desirous of continuing the celebration of the annual Zydeco Dance Festival to enhance the development of the tourist industry in Port Arthur and improve the economic conditions 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 2020 Zydeco Dance Festival herein referred to as "Festival" activities; and, NOW, THEREFORE, it is hereby agreed that the City and Wanted Riders enter into this Agreement regarding said Festival activities: 1. General Provisions. During the Festival, Wanted Riders shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public festival event and functions. 2. Duties of Wanted Riders. Wanted Riders does hereby agree to be responsible for the following activities in connection with the Festival at its 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 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 Festival period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. 1 Vendors must obtain endorsement from Wanted Riders 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 Wanted Riders before conduction any business within the entertainment area. (c) Wanted Riders is authorized to charge the following fees for admission into the Festival's entertainment area; fee shall not exceed $20.00 per person on Friday, April 24, 2020. (d) Wanted Riders shall obtain City Council approval for the temporary street closure for the festivities, as outlined in the City of Port Arthur's Code of Ordinances. (e) Wanted Riders agrees to arrange for fencing the entertainment area, and the City shall approve the area in which 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 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 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. 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 stage(s)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 Festival entertainment area. (j) Wanted Riders shall be in charge of the cleanup of the entertainment area. (k) Wanted Riders shall coordinate and enforce contracts with all temporary concessions in the Festival's entertainment area, and the City shall have the right to approve or disapprove said concessions after Wanted Riders approval. 2 (1) Wanted Riders shall coordinate all Festival activities, and shall, when necessary, secure special approval of the City. Wanted Riders shall submit a master/site plan to the City on or before April 24, 2020 of all activities to be undertaken as a part of the Festival's festivities, including the activities, concessions and location of the tentative 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 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 Festival. The policies must be endorsed to state that the coverage extended to the City its officers, employees and agents, is to be primary irrespective of any other primary insurance coverage maintained by the City of Port Arthur. The limits of coverage under the policy shall be a minimum of One Million Dollars ($1,000,000.00) combined single-limit coverage for death of or injury to person and/or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for Wanted Riders 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 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 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: 3 (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 Festival, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Festival's entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Festival, said expenses to be reimbursed by Wanted Riders. (a) Types and location of all temporary concession permits on public property within the Festival's 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(s) 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(s). (d) The City shall have the right of approval over all Festival activities occurring or taking place on City streets, alleys, and rights-of-way after Wanted Riders has approved or proposed same. (e) 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 25, 2020. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Festival's celebration for security concerns. 4 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 Festival within ninety (90) days after the conclusion of the Festival for each year subject to the Agreement. 7. Security. Wanted Riders shall have at least two (2) off-duty officers in attendance during the event. Security guards contracted through a licensed and bonded company may be used instead of off-duty officers only if the off-duty officers are not available. The Chief of Police may require additional security depending on crowd control and security plans provided and other information that he is cognizant of. Wanted Riders shall reimburse the City for the overtime costs (hours worked outside normal shifts) of police, firefighters and other City personnel, as a result of the additional security required by the Chief of Police. 8. Alcohol. If approved and permitted by Texas Alcohol and Beverage Commission (TABC), the City may authorize Wanted Riders to sell and consume alcohol only in the designated entertainment area. 9. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to the Festival, including but not limited to the enforcement of the City of Port Arthur's Code of Ordinances which makes it unlawful for anyone to bring coolers containing food and beverages, glass containers, canned drinks and pets into the Festival's entertainment area. 10. Amendments. This Agreement shall not be altered or amended without the prior written consent of all parties hereto as to such alteration or amendment. SIGNED AND AGREED TO on this day of A.D., 2020. WANTED RIDERS: CITY OF PORT ARTHUR: By: By: Charisma Lewis, President Ron Burton, City Manager By: APPROVED AS TO FORM: Clay Lewis, Jr.,Vice President By: Valecia Tizeno, City Attorney 5 AC KNOWLEGEMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Charisma Lewis, 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 , 2020. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 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 , 2020. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 6 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald Burton, 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 , 2020. • NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 7 P.R. No. 21316 03/05/20 ht Exhibit "B" ��0 0 b4P db IF YOU AINTT WAITED, YOU AlL'T NEEDED! Mr. Tran, This is a formal request to utilize the Port Arthur Pavilion on April 24th, 2020. Wanted Riders will be hosting our Annual Zydeco; Which the proceeds go to scholarships for the children of the Port Arthur Community. We have given out over $75,000 in scholarships and other great deeds in the last three years. Within these last three years, our event has not had any arrest or violence. Clean up begins immediately after our event ends and we always return the pavilion back over spotless. We request your blessing and the opportunity for the city to come out and have a great time. Thanking You in Advance, Eddie Fowler Wanted Riders Vice President Page 1a Aero CERTIFICATE OF LIABILITY INSURANCE DATE 3111/f00/YYYY) 03!11/2020 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(les) 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 Ray Insurance CONTACTTer 7200 Hwy 87 North PHONE Terry Ray Orange TX 77632 INC.No.Exu:409-383-0717 (AIDC,No):409-420:id 80 E-MAIL ADDRESS:terry@terryrayinsurance.com ____ .__^ INSURER(�AFFORDINGCOVERAGE_ _ NNCg United States LiabilityIns Co '� __.. .. _ ..---.._ ....__—_.. INSURED Clay Lewis Jr 3617 5th St INSURER 8 _--�__, �__ . -- Port Arthur TX 77642 INSURER c: ____.,.,,_W...__.____...�,_..� --- _�._'_ INSURER 0: _µms __�, ... INSURER Ey ,._.-_T-_— 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. -- LTR TYPE OF INSURANCE 1 NVQ ISUD POLICY NUMBER _ I POLICY EFF I POLICY EXP 1 ----- LIMITS " ----• LA v COMMERCIAL GENERAL LIABILITY (MMIDOIYYYY)I(MMIDDN'YY)1 LIMITS �✓ I ;CL1795874 04/23/2020 104/25/2020 'EACH OCCURRENCE 51,000,000 CLAIMS-MADE Q OCCUR TffRE --.--_._....-____...___.-.._. PBEMIEB(FaQccurrerxo)� 5100 ,000 MED EXP(Arty one person) s tom PERSONAL&ADV INJURY $1,000,000 IGENLAGGREGATE UMITAPPUESPER: GENERAL AGGREGATE _ 52,000,000 ✓ POUCY n JEC:T n LOC ` -... _, J PRODUCTS�COMPJOPAGG s EXCLUDEb OTHER: — _ _._$ - ....W..�__ AUTOMOBILE LIABILITY 'I p COMBINED SINGLE LIMIT $ ANY AUTO I {Ea acUdent), _��„---__T I OWNED — SCHEDULED I BODILY INJURY(Par person) S AUTOS ONLY — AUTOS I �......_.__ ----------_____----•---_.�.._..-...__. HIRED NON-OWNED BODILY INJURY(Par accident] $ _ AUTOS ONLY — AUTOS ONLY ' PROFEF�T IIbAiv1AG +y` �"`—' ___ S UMBRELLA LIAR OCCUR 11_11' 11 EACH OCCURRENCE _..$ ... ..--- EXCESS LIAB CLAIMS MADE I AGGREGATE__OCCURRENCE. g DED n RETENTIONS I - _.—. _�._.... WORKERS COMPENSATION IL.I1 1 PER $ AND EMPLOYERS'LIABILITY u _STA_TUTE E 'ANYPROPRIETOR/PARTNER/EXECUTIVE YIN _ _,� u�— —, OFFiCER/MEMBEREXCLUDEOT NIA EL.EACH ACCIDENT S 1 If1(Myessdatory to NN) E L DISEASE—EEA EMPLEE S Id• I DESdRON OF OPERATIONS belowOY ---•_— _ E.L.DISEASE-POLICY LIMIT $ ! 'L i 1 'I I - O,OI 1 1 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedulo,may bo attached If more space le required) Concert CERTIFICATE HOLDER CANCELLATION City of Port Arthur Parks and Recreation Dept 1308 9th Avenue SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Port Arthur,TX 77642 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZE SENTATI i /VAAI . ©1988-i CORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD )s://forms.form sbossweb.com:8443/stardocs/vl/viewsessions/27fa52d4421242499262dc2a15d490a7?bearer t... 3/11/20 P.R. No. 21316 03/05/20 ht Exhibit "C" T ` yg # ,a; f • i • cf 1,f:/lit, . '_ 11 6.. i P ',I eefic 3 t 1, : ilir.r.e. iip _ ® fli XMk Il r1 ' r Imo . r. s� i `. 1,i,, r7" ti ..... 5 -. ---' r, . tl 1 ; • rfin 71; .s:.T . , , 1.• , . _ � -.may t ..1 �a Yt , 3 . , L ,.... , . . . . , t Le t .. ,...........____ / F3 - _. .. ' "„,,-.. „:„..,....,„„ .„... ..., „ ..,,,,, • . . k. _. - g, 4,5 i I. ... -...„.: , ; fi . 1 t :,..: ,._ ,.:.. ......, t _ _ .. . OM 4 N 411;J j i . ii _ =' _ \ It......4 1.. ,,.... 1 S t, i8 iii J 4i • sY :1J1 111 ,r,--- . a . } �'t Aua[tn awl t Auvtn •AVFt , -- -- ILS , r.r 1))10., ' ilk_ 11 1 .- - -..4 lif .., .. : - -e,, . ....... , ..., .. r, , alc CITY OF PORT ARTHUR TEMPORARY STREET CLOSURE Date of Event 04 / 24 / 20 Start Time 8 AM/PM End Time 2 AM/PM Permit Applicant Clay Lewis (Wanted Riders) Phone (409) 960-1657 What type of event? Zydeco Contact Person of Even Eddie Fowler (832) 605 -4156 Organization of Sponsor Wanted Riders Address 813 18th St. Phone (409) 960-1657 Will food be served or sold? 2 Yes ****IF FOOD WILL BE SOLD OR SERVED THE HEALTH DEPT.WILL HAVE TO BE NOTIFIED**** STREETS TO BE CLOSED: Procter St. LIST ALL CROSS STREET: Waco Ave. and Austin Ave. Applicant shall provide the name, signatures and phone numbers of all homeowners or property renters who reside on the above named streets as required by the City of Port Arthur, in addition to the signed permission of the City Departments listed below. In the event the City receives complaints from the homeowners or property renters in the area, the City can order the event stopped and the street cleared immediately. Understand that upon approval of this permit, the City cannot guarantee safety from traffic and other hazards for the participants within the barricaded area. I understand that this permit is automatically rejected if any resident in the purposed block is in opposition to the street closure. NOTE: The Building Official reserves the right to contact residents listed in the proposed area. . THE BACK OF THIS APPLICATION MAY BE USED TO LIST RESIDENTS NAMES AND PHONE MBERS FOR THE PROPOSED AREA J j . AP ICANT SIG URE r HE POLICE DEPARTMENT MUST BE NOTIFIED OF ANY CHANGES MADE IN THE ABOVE SCHEDULE POLICE DEPARTMENT USE ONLY r r } Sug stio : /1 cnee j Iz.'c c cP,s e /4„—x, c-e CSG(C' c nc�r -Q,c 0, 6/ kf sc_ Le l ( , < < !. _.1 Approved: ic4b27j- Date: a/ FIRE DEPARTMENT USE ONLY Suggestions: Approved: , 6,7Date: Z /2-//042c, PUBLIC WORKS/ELECTRICAL DEPARTMENT USE ONLY Suggestions: Approved: Z"'(v''-i` C . Date: 2 - 21 - HEALTH DEPARTMENT USE ONLY Suggestions: . Approved: Date: oa(ai 1 a b•tb THIS SERVE AS YOUR TEMPORARY PERMIT WITH THE SIGNATURE OF THE BUILDING OFFICIAL Date Approved: o/a u ao aC Building Official: :ar," Original For File: Cc: Police Department Fire Department Public Works/Electrical Department 1 ) Avioup_`1"O4PT' i, Rs-;a iDti(5 Zo k.Si=kfikL.. Pi_ A( or 1\L►�-O c< C'T7 9 - - - - - 1 1 ( Q i.��k ttzQ4 �, 1_ % I I I N a P -61 I ; I6 " �1 - � Fc.‘P - . 4, Fl fir 1 i r,-.1 i _ _ ,—ti A to s:i,:) k . :COL i4 Ii It' q � � G -TO r. `141 A --,_77,_.0 ; r)' ''(-.‘ p1, l '� -67 ms;