HomeMy WebLinkAboutPR 20069: MARDI GRAS SPECIAL EVENT 2018 Al
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INTEROFFICE MEMORANDUM
Department of Development Services
Division of Planning and Zoning
Date: January 8, 2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Ronald"Ron"Burton, Interim Assistant City Manager/Director of Too
Development Services
RE: P.R. No.20069—Mardi Gras Special Event 2018
Introduction:
The intent of this Agenda Item is to request authorization and execution of an agreement
with Mardi Gras of Southeast Texas for the following:
• Designating and establishing the Mardi Gras entertainment area for 2018; and,
• Designating Mardi Gras of Southeast Texas,Inc.as exclusive concessionaire;and,
• Authorizing the City Manager to execute an agreement with Mardi Gras of
Southeast Texas, Inc.
Background:
The City of Port Arthur has worked with the Mardi Gras of Southeast Texas (MGSET)
since 1991. There are approximately seventeen (17) member organizations that make-up
the group.
Chapter 90 of the City of Port Arthur Cod of Ordinances established rules and procedures
for festivals, including the Mardi Gras Special Event.
MGSET has served as the exclusive concessionaire since 1991.
Budget Impact:
N/A
Recommendation:
It is recommended that City Council approve P.R.No.20069,authorizing the City Manager
to execute an agreement with Mardi Gras of Southeast Texas which includes the duties and
responsibilities of all vested parties,as well as:
• Designating and establishing the Mardi Gras entertainment area for 2018; and,
• Designating Mardi Gras of Southeast Texas, Inc.as exclusive concessionaire;and,
• Authorizing the City Manager to execute an agreement with Mardi Gras of
Southeast Texas, Inc.
P.R.NO.20069
01/08/2018 PDL
PAGE 1 OF 15
RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE MARDI
GRAS ENTERTAINMENT AREA FOR 2018, DESIGNATING MARDI
GRAS OF SOUTHEAST TEXAS, INC. AS EXCLUSIVE
CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH MARDI GRAS OF SOUTHEAST
TEXAS, INC.
WHEREAS, since 1991, the City of Port Arthur has worked with the Mardi Gras of Southeast
Texas which is made up of the following member organizations:
American Italian Club Retail Merchants Association
Christus Hospital Foundation Sacred Heart Catholic Church
Golden Triangle Cajun Club St. Catherine Catholic Church
Knights of Peter Claver #18 St. Catherine PTO
Knights of Peter Claver #182 St. James Catholic Church
Lindley Foundation St. John Catholic Church
Port Arthur Chamber of Commerce St. Joseph Catholic Church
Port Arthur Evening Sertoma South Jefferson County Center
Port Arthur Noon Sertoma; and,
WHEREAS, Chapter 90 of the Code of Ordinances establishes the rules and procedures for the
festivals such as Mardi Gras, Calvoilcade, Shrimpfest, Mercado Days, and the Zachery Breaux Jazz
Festival; and,
WHEREAS, the City Council desires to promote the Mardi Gras celebration as a means to
stimulate business and commercial activity in the City; and,
WHEREAS, the designation of Mardi Gras of Southeast Texas, Inc., as exclusive concessionaire
and the entering into an agreement therewith is appropriate under 380.001 Local Government Code;
now therefore,
P.R.NO.20069
01/08/2018 PDL
PAGE 2 OF 15
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Council designates and establishes the entertainment area for the 2018 Mardi
Gras celebration to be that certain area depicted on Exhibit "A" attached hereto and made a part
hereof.
THAT Mardi Gras of Southeast Texas, Inc. is hereby designated as the exclusive concessionaire
of Mardi Gras 2018.
THAT the City Manager of the City of Port Arthur is hereby authorized to execute an agreement
with Mardi Gras of Southeast Texas, Inc., said agreement containing duties and responsibilities of each
party.
THAT a copy of said agreement is attached hereto and made a part hereof as Exhibit "B".
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED this day of January, A.D., 2018, 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
P.R.NO.20069
01/08/2018 PDL
PAGE 3 OF 15
ATTEST:
Sherri Bellard, TMRC, City Secretary
APPROVED AS TO FORM:
Valecia ' " Ti no, City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
PA
tri
Ronald Burton, Interi • istant City Manager/
Director of Development Services
P.R.NO.20069
01/08/201B PDL
PAGE 4 OF 15
EXHIBIT "A"
P.R.NO.20069
01/08/2018 PDL
PAGE 5 OF 15
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P.R.NO.20069
01/08/2018 PDL
PAGE 6 OF 15
EXHIBIT " B "
P.R.NO.20069
01/08/2018 PDL
PAGE 7 OF 15
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF PORT ARTHUR, TEXAS
AND
MARDI GRAS OF SOUTHEAST TEXAS, INC.
THIS AGREEMENT, is made by and between the City of Port Arthur, Texas ("City") and Mardi Gras of
South East Texas, Inc. ("MGSET").
WITNESSETH:
WHEREAS,the City and MGSET are desirous of continuing the celebration of Mardi Gras 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 MGSET 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 Mardi Gras activities; and,
NOW, THEREFORE, it is hereby agreed that the City and MGSET enter into this Agreement
regarding said Mardi Gras activities scheduled for 2018:
1. General Provisions. During the Mardi Gras period (the twenty day period immediately
preceding Ash Wednesday of each year subject to this Agreement), MGSET shall as the
exclusive concessionaire, on behalf of the City, coordinate and schedule all public Mardi
Gras events and functions.
2. Duties of MGSET. MGSET does hereby agree to be responsible for the following activities
in connection with Mardi Gras 2018, at its expense, and the City does hereby delegate
said responsibilities to MGSET along with certain income or revenues associated therewith:
a) MGSET shall annually recommend the area for such Mardi Gras celebration, subject
to the approval and designation of the City Council.
P.R.NO.20069
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PAGE 8 OF 15
b) MGSET is hereby appointed to coordinate all vendor activities conducted on public
lands and streets within the Entertainment Area during the Mardi Gras period,
giving special attention to the hours of operation, location, products, costuming,
booth design and vendor permit fees. Vendors must obtain endorsement from
MGSET 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 MGSET
before conducting any business within the Entertainment Area. MGSET shall use
its best efforts to avoid locating a temporary vendor beneath a window from which
beads, doubloons or other trinkets are thrown.
c) MGSET is authorized to charge the following fees for admission into the
Entertainment Area; children 11 years of age and under shall be free on all days
and that fees for others shall not exceed $1.00 on Thursday, February 8, 2018,
5:00 p.m. to 10:00 p.m., to cover additional expenses such as entertainment. The
events will be held on Friday, February 9, 2018, 6:00 p.m. — 12:00 a.m., admission
$15.00; Saturday, February 10, 2018, 12:00 p.m. — 1:00 a.m., admission $15.00,
and Sunday, February 11, 2018, 1:00 p.m. - 8:00 p.m., admission $10.00. Any
passes distributed will be in accordance to Ordinance No. 09-14, Section 2,
amendment to Section 90-162 Admission Practices-subsection (a) (1-3) and
subsection (b).
d) MGSET shall obtain City Council approval for the street closure for Mardi Gras
festivities, as outlined in Section 90-1 of the Port Arthur Code of Ordinances.
e) MGSET agrees to arrange for fencing for the Entertainment Area, and the area
which MGSET intends to fence shall be approved by the City. MGSET shall
determine the location of fencing gates with the approval of City, and shall
P.R.NO.20069
01/08/2018 PDL
PAGE 9 OF 15
prepare all passes, provide attendants, provide gate attendant information sheets,
and prepare the signage to the entrance gates. MGSET agrees to contact the Fire
Chief/Fire Marshal to determine which areas will be suitable for emergency gates.
1) MGSET 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.
MGSET shall be entitled to all revenues except as otherwise herein expressly
provided from the Entertainment Area.
g) MGSET shall be responsible for the platform stages in the Entertainment Area,
including putting up the stages and taking them down after the festival, and
arranging for necessary locations from private property owners or lessees.
h) MGSET 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) MGSET shall provide trash barrels in the Mardi Gras Entertainment Area.
j) MGSET shall be responsible for decorating the streets and the street lights as
approved by the City Manager of the City.
k) MGSET shall coordinate all "park and ride" areas and shall also coordinate bus
shuttles.
I) MGSET shall be in charge of the cleanup of the Mardi Gras Entertainment Area.
m) MGSET shall coordinate and enforce contracts with all temporary concessions in
the Mardi Gras Entertainment Area, and the City shall have the right to approve or
disapprove said concessions after MGSET approval.
P.R.NO.20069
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PAGE 10OF15
n) MGSET shall coordinate all Mardi Gras activities, and shall, when necessary, secure
special approval of the City. MGSET shall submit a master plan to the City on or
before January 15T of each year during the term of this Agreement of all activities
to be undertaken as a part of the Mardi Gras festivities, including (1) the number
of parades and the number of routes, (2) the route of each parade,
and (3) the activities, concessions and location of the tentative Mardi Gras
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.
o) MGSET shall obtain at its sole cost and expense, and cause to be kept in full force
and effect at all times during the Mardi Gras 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 Mardi Gras
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
($1,000,000.00) Dollars 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 MGSET and indemnification
of the City. MGSET shall also at its sole cost and expense, obtain, and cause to be
P.R.NO.20069
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PAGE II OF 15
kept in full force and effect at all times during the Mardi Gras Festival, a legally
binding policy of Liquor Liability Insurance and shall name the City, its officers,
employees and agents as additional named insureds. The limits of coverage under
this policy shall be a minimum of One Million ($1,000,000.00) Dollars. The
coverage provided under any of the above policies of insurance shall be on a per
occurrence basis. 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 MGSET. 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 Mardi Gras 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 MGSET 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 MGSET's obligations under this section. The requirements for Liquor
Liability Insurance and a license for the sale of alcoholic beverages shall also apply
to any individual or group selected by MGSET to sell alcoholic beverages during
the Mardi Gras Festival.
p) MGSET shall provide the City of Port Arthur with a valid license to sell alcoholic
beverages issued by the Texas Alcoholic Beverage Commission.
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q) MGSET shall covenant and agree to indemnify and to save and hold harmless the
City and the Section 4A Economic Development Corporation, 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 and the Section 4A Economic Development
Corporation, the duty to defend against any such claims, actions 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 Mardi Gras festival, or the construction, maintenance, existence,
operation, repair or removal of any bench, stage, shelter or other type for
structure on the Mardi Gras Entertainment Area.
3. Duties of the City. The City does hereby agree to be responsible for the following activities
in connection with Mardi Gras, said expenses to be reimbursed by MGSET.
a) The City agrees to coordinate with MGSET, parade sponsors, and any other necessary
entities in order to arrange for all security in public areas (including but not limited to
the Mardi Gras Entertainment Area, Parade Route, Bleacher Area, Staging Area, etc.)
as well as coordinate all traffic to and from and around the Parade Area. Once any
parade begins, the City and MGSET agree that the Police Department shall be in
complete charge of the parade.
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b) The City will be responsible for installing barricades along the Parade Route and for
other processions and shall be the sole judge of where the barricades will be placed as
well as the number of barricades necessary.
c) The City shall issue all temporary concession permits along the Parade Route in
properly zoned areas, including the Mardi Gras Entertainment Area. Types and location
of all temporary concession permits on public property within the Mardi Gras
Entertainment Area shall be subject to the prior approval of the MGSET.
d) 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 MGSET has first
approved or proposed same.
e) The City shall be responsible for approving in advance the location of the bleachers in
the City right-of-way.
f) The City shall have the right of approval over all Mardi Gras activities occurring or
taking place on City streets, alleys and rights-of-way after MGSET has approved or
proposed same.
g) The City must approve any and all firework displays or laser light shows being planned,
after MGSET has first approved or proposed same.
h) The City will be responsible for notifying residents of parking restrictions and
prohibitions in the streets on the day for each parade.The City shall also be responsible
for enforcement regarding illegal parking lots operating on the date of each parade.
i) The City shall be in charge of the Command Center which will be used as an information
or communication center for each parade.
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4. Use of Property Located at the 800 Block of 4th Street.
The City authorizes MGSET to utilize the property in the 800 Block of 4th St. for the
location of the carnival during public Mardi Gras events, subject to the following
conditions:
a) The use of the property is approved by the owners thereof including the Port Arthur
Economic Development Corporation.
b) The property shall be returned in the same condition it was in prior to use.
5. Term. This Agreement shall be in force and effect until July 31, 2018.
6. Financial Reporting and Settlement of Expenses. MGSET and the City each agree to deliver
to the other a report of its receipts and expenditures of Mardi Gras within ninety (90) days
after the conclusion of Mardi Gras festivities for each year subject to this Agreement.
7. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and
regulations relating to Mardi Gras, including but not limited to the enforcement of Section
90-134 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
Mardi Gras 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.
ATTEST:
Derrick F. Freeman, Mayor
SIGNED AND AGREED TO on the day of , 2018.
CITY OF PORT ARTHUR, TEXAS
P.R.NO.20069
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PAGE 15 OF 15
By:
Harvey Robinson, Interim City Manager
ATTEST:
Sherri Bellard, City Secretary
SIGNED AND AGREED TO on the day of , 2018.
MARDI GRAS OF SOUTHEAST TEXAS, INC.
By:
Laura Childress, President