HomeMy WebLinkAboutPR 14653: MERCADO DAYS - AGREEMENTCITY OF PORT ARTHUR
PLANNING DEPARTMENT
TO: Steve Fitrgibbons, City Manager
FROM: Dale L. Watson, Director of Planning ~~
DATE: March 31, 2008
SUBJECT: P:R. No. 14653- Mercado Days Agreement
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RECOMMENDATION:
I recommend that Proposed Resolution No. 14653 be approved: This resolution
would designate Southeast Texas Hispanic Cultural and Educational Center, Inc.
as the exclusive concessionaire for Mercado Days.
BACKGROUND:
Southeast Texas Hispanic Cultural and Educational Center, Inc. is sponsoring a
Mercado Days Festival in downtown Port Arthur on Friday, April 18 and
Saturday, April 19. This resolution would establish them as the exclusive
concessionaire.. The- proposed agreement is the same as used for Mardi Gras.
BUDGETARYlFISCAL EFFECT:
Overtime costs will be reimbursed to the City.
STAFFING/EMPLOYEE EFFECT:
None.
SUMMARY:
I recommend the Proposed Resolution No. 14653 be approved.
P. R. No. 14653
03/31108 dlw
RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE
MERCADO DAYS FESTIVAL ENTERTAINMENT AREA FOR
2008, DESIGNATING SOUTHEAST TEXAS. HISPANIC
CULTURAL AND EDUCATIONAL CENTER, INC. AS
EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY
MANAGER. TO EXECUTE AN AGREEMENT WITH SOUTHEAST
TEXAS HISPANIC CULTURAL AND EDUCATIONAL CENTER,
INC.
WHEREAS, the City Council of the City of Port Arthur desires to promote the
Mercado Days celebration as a means to stimulate business and commercial
activity in the City; and,
WHEREAS, the designation of Southeast Texas Hispanic Cultural and
Educational Center, Inc. as the exclusive concessionaire and the entering into an
agreement therewith is appropriate under Section 380.001 Local Government
Code; and, now therefore;
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
2008 Mercado Days celebration to be that certain area depicted as described on
Exhibit "A", attached hereto and made a part hereof.
THAT Southeast Texas Hispanic Cultural and Educational Center, Inc. is hereby
designated as the exclusive concessionaire of Mercado Days 2008.
THAT the City Manager of the City of Port Arthur is hereby authorized to execute
an agreement with Southeast Texas Hispanic Cultural and Educational Center,
Inc., said agreement containing duties and responsibilities of each party.
P. R. No. 14653
Page 2 of 2
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 April, 2008, at a
regular meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
AYES: MAYOR
COUNCILMEMBERS:
NOES:
Mayor
ATTEST:
Acting-City Secretary
APPROVED" AS TO~FOpRM:~
~s~./c ~rt'lcv'~~
City Attorney
APPROVED FOR ADMINISTRATION:
City Manager-~
CJ~°e
erector of Planning
EXHIBIT "A"
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS
AND
SOUTHEAST TEXAS HISPANIC CULTURAL 8~ EDUCATIONAL CENTER,
INC.
THIS AGREEMENT is made by and between the City of Port Arthur, Texas
("City") and the Southeast Texas Hispanic Cultural & Educational Center, Inc.
("STHCEC").
WITNESSETH:
WHEREAS, the City and STHCEC are desirous of continuing the
celebration of Mercado Days 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 STHCEC 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 Mercado
Days Festival activities; and,
NOW, THEREFORE, it is hereby agreed that the City and STHCEC enter
into this Agreement regarding said Mercado Days Festival. activities scheduled
for 2008:
1. General Provisions. During Mercado Days Festival STHCEC shall, as
the exclusive concessionaire, on behalf of the City, coordinate and
schedule all public Mercado Days Festival events and functions.
2. Duties of STHCEC. STHCEC does hereby agree to be responsible for
the following activities in connection with Mercado Days Festival 2008, at
its expense, and the City does hereby delegate said responsibilities to
STHCEC along with certain income or revenues associated therewith:
(a) STHCEC shall recommend the ~ area for such Mercado Days
Festival celebration, subject to the approval and designation of the
City Council.
(b) STHCEC is hereby appointed to coordinate all vendor activities
conducted on public lands and streets within the -entertainment area
during the Mercado Days Festival period, giving special attention to
the hours of operation, location, products, costuming, booth design
and vendor permit fees. Vendors must obtain endorsement from
STHCEC 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 STHCEC before conducting any business
within the entertainment area.
(c) STHCEC is authorized to charge the following fees for admission
into the entertainment area; children 12 years of age and under
shall be free on all days and fees for others shall not exceed'$6.00
per day on Friday, April 18 through Saturday, April 19, 2008.
(d) STHCEC shall obtain City Council approval for the street closure
for Mercado Days Festival festivities, as outlined in the Port Arthur
Code of Ordinances.
(e) STHCEC agrees to arrange for fencing the entertainment area, and
the City shall approve the area that STHCEC intends to fence.
STHCEC 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. STHCEC agrees to contact the
Fire Chief/Fire. Marshal to determine which areas will be suitable for
emergency gates.
(f1 STHCEC 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. STHCEC shall be entitled
to all revenues except as otherwise herein expressly provided from
the entertainment area.
(g) STHCEC shall be responsible for the platform stages in the
entertainment area, including putting up the stages and taking them
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down after the festival, and arranging for necessary location from
private property owners or lessees.
(h) STHCEC 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 locatioris of said port-a-
cans.
(i) STHCEC shall provide trash barrels in the Mercado Days Festival
entertainment area.
Q) STHCEC shall be in charge of the cleanup of the Mercado Days
Festival entertainment area.
(k) STHCEC shall coordinate and enforce contracts with all temporary
concessions in the Mercado Days Festival entertainment area, and
the City shall have the right to approve or disapprove said
concessions after STHCEC approval.
(I) STHCEC shall coordinate all- Mercado Days Festival activities, and
shall, when necessary, secure special approval of the City.
STHCEC shall submit a master plan to the City on or before April
13th of all activities to be undertaken as a part of the Mercado Days
Festival festivities, including the activities, concessions and location
of the tentative Mercado Days 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) STHCEC shall obtain at its sole cost and expense, and cause to be
kept in full force and effect at all times during the Mercado Days
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
3
such matters arising out of the Mercado Days Festival. The
policies must be endorsed to state that the coverage extended to
the City of Port Arthur, its officers, employees an 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
STHCEC and indemnification of the City. STHCEC shall also at its
sole cost and expense, obtain and cause to be kept in full force and
effect at all times during the Mercado Days Festival, a legally
binding policy of Liquor Liability Insurance and shall name the City,
its officers, employees and agents as additional named insureds.
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 STHCEC. 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 Mercado Days 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 frfteen (15) days prior to the effective date of
cancellation; and in such case STHCEC shall, prior to the effective
date of cancellation, secure substitute policies furnishing the same
coverages set forth above. The furnishing. of such ihsurance
coverage shall not in any way, limit or satisfy any of STHCEC's
obligation under this section. The requirements for Liquor Liability
Insurance and a license for the sale of alcohol beverages shall also
4
apply to any individual or group selected by STHCEC to sell
alcoholic beverages during the Mercado Days Festival.
(n) STHCEC shall provide the City of Port Arthur with a valid license to
sell alcoholic beverages issued by the Texas Alcoholic Beverage
Commission.
(o) STHCEC shall covenant and agree to indemnify and to save and
hold harmless the City, it 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 whatsoever may arise out of or will be
attributable, directly or indirectly, to the occurrence of the
Mercado Days Festival, or the construction, maintenance,
existence, operation, repair or removal of any bench, stage,
shelter or other type of structure on the .Mercado Days
Festival entertainment area.
3. Duties of the City. The City does hereby agree to be responsible for the
following activities in connection with Mercado Days Festival, said
expenses to be reimbursed by STHCEC.
(a) Types and location of all temporary concession permits on public
property within the Mercado Days Festival entertainment area shall
be subject to the prior approval of the STHCEC.
(b) The City shall be responsible for approving or disapproving all
banners, signage and advertisements to be installed on or above
5
the Crty right-of-way after STHCEC 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 Mercado Days
Festival activities occurring or taking place on City streets, alleys
and rights-of-way after STHCEC has approved or proposed same.
(e) The City must approve any and all firework displays or laser light
shows being planned, after STHCEC has first approved or
proposed same. .
4. Term. This Agreement shall be in force and effect until June 30, 2008.
5. Termination. The City Manager, after consultatiori with the Chief of
Police can terminate this agreement and the Mercado Days Festival
celebration for security concerns.
6. Financial Reporting and Settlement of Expenses. STHCEC and the
City each agree to deliver to the other a report of its receipts and
expenditures of Mercado Days Festival within ninety (90) days after the
conclusion of Mercado Days Festival festivities for each year subject to
the Agreement. STHCEC shalt 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
STHCEC and used for the event.
7. Compliance with Laws. Both parties agree to mutually cooperate to
enforce all laws and regulations relating to Mercado Days 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
Mercado Days 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.
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SIGNED AND AGREED to on the day of , 2008.
CITY OF PORT ARTHUR, TEXAS
City Manager
Date:
ATTEST:
City Secretary
SIGNED AND AGREED to on the day of , 2008.
SOUTHEAST TEXAS HISPANIC CULTURAL & EDUCATIONAL CENTER,
INC.
Title:
Date:
ATTEST:
7
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