HomeMy WebLinkAboutPR 20629: MARDI GRAS SPECIAL EVENT 2019 City of - . 7
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INTEROFFICE MEMORANDUM
Department of Development Services
Division of Planning and Zoning
Date: January 2, 2019
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Ronald "Ron" Burton, Interim Assistant City Manager/Director of
Development Services
RE: P.R. No. 20629—Mardi Gras Special Event 2019
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 2019; and,
• Accepting proposed ticket prices for 2019; 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 Code 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. 20629, 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,
• Accepting proposed ticket prices for 2019; 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.
"Remember we are here to serve the Citizens of Port Arthur"
P.O. BOX 1089• PORT ARTHUR, TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743
P.R.NO.20629
12121/2018 PDL
PAGE 10F16
RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE MARDI GRAS
ENTERTAINMENT AREA FOR 2019, 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, Mardi Gras of Southeast Texas, Inc., is proposing a new fee structure for the 2019 Mardi Gras
celebration; 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,
PR NO.20629
12121/2016 PDL
PAGE 2OF16
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 2019 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 2019.
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 the Mardi Gras of Southeast Texas, Inc. is proposing a new fee structure for the 2019 Mardi Gras
celebration, as delineated in Exhibit"B".
THAT a copy of said agreement is attached hereto and made a part hereof as Exhibit"C".
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., 2019, 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.20629
12/2112018 PDL
PAGE 3OF16
ATTEST:
Sherri Bellard,TMRC, City Secretary
APPROVED AS TO FORM:
Valecia"Val"Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
Ronald Burton,Assistant City Manager/
Director of Development Services
P.R.NO.20629
12/21/2018 PDL
PAGE4OF16
EXHIBIT "A"
P.R.NO.20629
1212112018 PDL
PAGE5OF16
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P.R NO.20629
1212112018 PDL
PAGE 6 OF 16
EXHIBIT " B"
P.R.NO.20629
1212112018 PDL
PAGE 7 OF 16
PRICING STRUCTURE for 2019
WEEKEND PASS $25
*(Only available at the Mardi Gras Store in advance)
Day Ticket:
Gate Advance
Thursday $5 $2
Friday $15 $10
Saturday $10 (early bird) $10
$15 (after 4 pm)
Sunday $10 $8
P.R.NO.20629
1212//2018 PDL
PAGE 8OF16
EXHIBIT "C "
P.R.NO.20629
12212018 PDL
PAGE 90F16
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 2019:
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 2019, 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.20629
12/2112018 PDL
PAGE 10 OF 16
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 $2.00 advance intemet price or$5.00 at the gate on Thursday, February 28, 2019,
5:00 p.m.to 10:00 p.m., to cover additional expenses such as entertainment. The events will
be held on Friday, March 1,2019,6:00 p.m.—12:00 a.m., admission $10.00 advance intemet
price and $15.00 at the gate; Saturday, March 2, 2019, 12:00 p.m. — 1:00 a.m., admission
$10.00 advance intemet/early bird price and $15.00 after 4:00 p.m., and Sunday, March 3,
2019, 1:00 p.m. -8:00 p.m., admission $8.00 advance intemet price and $10.00 at the gate.
Advance weekend passes can be purchased at the Mardi Gras Store in the amount of$25.00.
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 prepare all passes, provide attendants,
P.R.NO.20629
12/2112018 PDL
PAGE 11OF16
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.
f) 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-mans (portable toilets), shall be responsible for the site
location of same, determining the number required, and providing a map for locations of said
port-mans.
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.
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 1ST
of each year during the term of this Agreement of all activities to be undertaken as a part of
P.R.NO.20629
12/2112018 PDL
PAGE 12 OF 16
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 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
P.R.NO.20629
1211112018 PDL
PAGE 13 OF 16
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.
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,
P.R.NO.20629
121212018 PDL
PAGE 14 OF 16
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.
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.
P.R.NO.20629
12/21!2018 PDL
PAGE 15 OF 16
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.
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, 2019.
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.
P.R.NO.20629
1221/2018 PDL
PAGE 16 OF 16
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 , 2019.
CITY OF PORT ARTHUR,TEXAS
By:
Harvey Robinson, Interim City Manager
ATTEST:
Sherri Bellard, City Secretary
SIGNED AND AGREED TO on the day of , 2019.
MARDI GRAS OF SOUTHEAST TEXAS, INC.
By:
Laura Childress, President