HomeMy WebLinkAboutPR 14736: 1ST ANNUAL ZACHARY BREAUX JAZZ FESTIVALCITYOFPORTARTHUR
Parks and Recreation
M~nrnandtun
To: Stephen B. Fitzgibbons, City Manager
Fromr Dr. Albert T. Thigpen, Interim Director of Parks & Recreation
Date: May 27, 2008
Re: P.R. NO. 14736 First Annual Zachary Breaux Jazz Festival
RECOMMENDATION
COMMENT
I recommend that Proposed Resolution No. 14736 be approved. This Resolution would establish the
entertainment area for the 2008 First Annual Zachary Breaux Jazz Festival and designate St. Paul
United Methodist Church as the exclusive concessionaire. _
'BACKGROUND: ,
Zachary Breaux Jazz Festival was a native of Port Arthur, Texas, and a 1978 graduate of Abraham
Lincoln .Senior High School. In high school he was an accomplished band member composing the
music for many of the half-time routines of the famous "Purple and Gold Marching Band and
Honeybees Drill Team." .
Following graduation, Mr. Breaux continued to become a successful musician, composer, and
performer in the jazz field. In 1997 while on vacation in Florida, Mr. Breaux lost his life in an attempt
to save a woman from drowning. This was the second time in his life he had put his life on the line in
a effort to save someone else.
The 2008 First Annual Zachary Breaux Jazz Festival is so named in his honor. The event will be held
on June 14, 2008. This Resolution would establish the entertainment area and designate St. Paul
United Methodist Church as the exclusive concessionaire.
BUDGETARY/FISCAL EFFECT:
The agreement provides that St. Paul United Methodist Church will reimburse the City for the
overtime costs of City personnel as well as equipment and supplies requested by St. Paul United
Methodist Church.
EMPLOYEE/STAFF EFFECT: None
SUMMARY:
I recommend that Proposed Resolution No. 14736 be approved. This Resolution would establish the
entertainment area for the 2008 First Annual Zachary Breaux Jazz Festival and designate St. Paul
United Methodist Church as the exclusive concessionaire.
P. R. #14736
05/25/08
.RESOLUTION NO.
A RESOLUTION AUTHORIZING, DESIGNATING AND
ESTABLISHING THE ZACHARY BREAUX JAZZ FESTIVAL
ENTERTAINMENT AREA FOR 2008, DESIGNATING HERITAGE
LIFE CENTER AS THE EXCLUSIVE CONCESSIONAIRE AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH HERITAGE LIFE CENTER.
WHEREAS, Zachary Breaux was a native of Port Arthur and a Graduate of Abraham Lincoln
Senior High School; and
WHEREAS, Mr. Breaux was a nationally renowned accomplished musician; composer, and
jazz artist;. and
WHEREAS, in 1997, in an act of selfless heroism, Mr. Breaux lost his life in an effort to save
a drowning woman; and
WHEREAS the City Council joins all citizens in commemorating the life and heroism of its
"hometown" son; and
WHEREAS, the City Council of the City of Port Arthur desires to promote the Zachary
Breaux Jazz Festival as a means to stimulate business and commercial activity in the City; and,
WHEREAS, designation of Heritage Life Center, a Texas nonprofit corporation, located at St..
Paul United Methodist Church and entering into an exclusive concessionaire 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:
THAT the City Council designates and establishes the entertainment area for the 2008
Zachary Breaux Jazz Festival to be that certain area depicted on Exhibit "A".
THAT Heritage Life Center is hereby designated as the exclusive concessionaire of the 2008
Zachary Breaux Jazz Festival.
P. R. 14736
05/25/08
THAT 2008 Zachary Breaux Jazz Festival the City Manager is hereby authorized to
execute an agreement with Heritage Life Center; said agreement is attached hereto and made a part
hereof as Exhibit."B"; and,
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
2008, at a
Texas, by the following vote:
Ayes:
A.D.,
Meeting of the City Council of the City of Port Arthur,
Noes:
ATTEST:
Acting City Secretary
Mayor
APPROVED AST FORM:
Ci Attorney 6N 1/1 a 6
APPROVED FOR ADMINISTRATION:
CityManager
In 're r of az s an creation
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EXHIBIT KB"
Exhibit "B"
P.R. No. 14736
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS
AND
HERITAGE LIFE CENTER ("HLC")
THIS AGREEMENT is made by and between the City of Port Arthur, Texas
("City") and the Heritage Life Center ("HLC") which is aNon-profit Texas Corporation
located at St. Paul United Methodist Church, 821' Texas Avenue, Port Arthur, Texas.
WITNESSETH:
WHEREAS, the City and HLC are desirous of inaugurating and establishing the
Zachary Breaux Jazz Festival ("ZB Jazz Festival") to commemorate the heroic life of the
late jazz musician, Zachary Breaux and 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 HLC 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 activities of the ZB Jazz Festival; and;
NOW, THEREFORE, it is hereby agreed that the CITY and HLC enter into this
Agreement regarding said ZB Jazz Festival activities scheduled for 2008:
General Provisions. During the ZB Jazz Festival HLC shall, as the exclusive
concessionaire, on behalf of the City, coordinate and schedule all public ZB Jazz
Festival events and functions.
2. Duties of HLC. HLC does hereby agree to be responsible for the following
activities in connection with Zachary Breaux Jazz Festival 2008, at its expense,
and the City does hereby delegate said responsibilities to HLC along with certain
income or revenues associated therewith:
(a) HLC shall recommend the area for such ZB Jazz Festival celebration,
subject to the approval and designation of the City Council.
(b) HLC is hereby appointed to coordinate all vendor activities conducted on
public lands. and streets within the entertainment are during the ZB Jazz
Festival period, giving special attention to the hours of operation, location,
products, costuming, booth design and vendor permit fees. Vendors must
obtain endorsement from HLC 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 HLC before conducting any
business within the entertainment area.
(c) HLC 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 fees for others shall not exceed $10.00 per day on Saturday, June
14, 2008.
(d) HLC shall obtain City Council approval for the street closure for ZB Jazz
Festival, as outlined in the Port Arthur Code of Ordinances.
(e) HLC agrees to arrange for fencing the entertainment azea, and the City
shall approve the area that HLC intends to fence. HLC 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. HLC agrees to
contact the Fire Chief/Fire Marshal to determine which areas will be
suitable for emergency gates.
(f) HLC is responsible for arranging for the entertainment area performers
and entertainers, ticket sales to the entertainment area, and obtaining
cleazances and approval from the City Council when required to
accomplish particular tasks. HLC shall be entitled to all revenues except
as otherwise herein expressly provided from the entertainment area.
(g) HLC 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 location from private property owners or
lessees.
(i) HLC shall provide trash barrels in the ZB Jazz Festival entertainment
area.
(j) HLC shall be in chazge of the cleanup of the ZB Jazz Festival
entertainment area.
(k) HLC shall coordinate and enforce contracts with all temporary
concessions in the ZB Jazz Festival entertainment area, and the City shall
have the right to approve or disapprove said concessions after HLC
approval
(]) HLC shall coordinate all ZB Jazz Festival activities, and" shall, when
necessary, secure special approval of the City. HLC shall submit a master
plan to the City on or before May 15"' of each year of all activities to be
undertaken as a part of the ZB Jazz Festival festivities, including the
activities, concessions and location of the tentative ZB Jazz 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) HLC shall obtain at its sole cost and expense, and cause to be kept in fult
force and effect at all times during the ZB Jazz-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 insured, protecting them from liability from
any such matters arising out of the ZB Jazz 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 primazy irrespective of any other
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(m)
(n)
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 HLC and
indemnification of the City. HLC shall also at its sole cost and expense,
obtain and cause to be kept in full force and effect at all times during the
ZB Jazz 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 Dollazs ($1,000,000). The coverage provided
under any of the above policies of insurance shall be on a per occurrence
basis. If no liquor is served at the ZB Jazz Festival, then the liquor
liability insurance requirement shall be waived by 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 HLC. 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 before the
commencement of the ZB Jazz 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 HLC shall, prior to the
effective date of cancellation, secure substitute policies furnishing the
same coverages set forth above. The fumishing of such insurance
coverage shall. not in any way, limit or satisfy any of HLC's obligation
under this section. The requirements for Liquor Liability Insurance and a
license for the sale of alcohol beverages shall also apply to any individual
or group selected by HLC to sell alcoholic beverages during the ZB Jazz
Festival.
HLC shall provide the City of Port Arthur with a valid license to sell
alcoholic beverages issued by the Texas Alcoholic Beverage Commission
should it authorize the sale of alcohol at the event.
HLC 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 chazacter, any of which for any reason
whatsoever may arise out of or will be attributable, directly or
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indirectly, to the occurrence of the ZB Jazz Festival, or the
construction, maintenance, existence, operation, repair or removal
of any bench, stage, shelter or other type of structure on the ZB
Jazz Festival entertainment area.
3. Duties of the City. The City does hereby agree to be responsible for the
following activities in connection with ZB Jazz Festival, said expenses to be
reimbursed by HLC.
(a) Types and location of all temporary concession permits on public property
within the ZB Jazz Festival entertainment area shall be subject to the prior
approval of the HLC.
(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 HLC 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 ZB Jazz Festival
activities occurring or taking place on City streets, alleys and rights-of-
way after HLC has approved or proposed same.
(h) The City shall provide sanitazy port-a-cans (portable toilets), shall be
responsible for the site location of same, determining the number required
providing a map for locations of said trash barrels in the ZB Jazz Festival
entertainment area.
(e) The City must approve any and all firework displays or laser light shows
being planned, after HLC has first approved or proposed same.
4. Term. This Agreement shall be in force and effect until July 31, 2008.
5. Termination. The City Manager, after consultation with the Chief of Police can
terminate this agreement and the ZB Jazz Festival celebration for security
concerns.
6. Financial Renorting and Settlement of Expenses. HLC and the City each
agree to deliver to the other a report of its receipts and expenditures of ZB Jazz
Festival within ninety (90) days after the conclusion of ZB Jazz Festival festivities
for each year subject to the Agreement. HLC 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
HLC and used' for the event.
Comaliance with Laws. Both parties agree to mutually cooperate to enforce all
laws and regulations relating to ZB Jazz 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 acid pets into the ZB Jazz Festival entertainment azea.
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 the day of , 2008.
CITY OF PORT ARTHUR, TEXAS
City Manager
Date:
ATTEST:
Acting City Secretazy
`.
SIGNED AND AGREED to on the day of , 2008 by
HERITAGE LIFE CENTER ("HLC")
By:
Title:
Date:
ATTEST:
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