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HomeMy WebLinkAboutPR12132:SHRIMPFEST AGREEMENTINTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: STEVE FITZGIBBONS, CITY MANAGER DALE L. WATSON, DIRECTOR OF PLANNING ~:~xj P.R. NO. 12132 - SHRIMPFEST AGREEMENT 03/27/03 RECOMMENDATION: I recommend that Proposed Resolution No. 12132 be approved. This Resolution would designate thc Port Arthur Chamber of Commerce as the exclusive concessionaire for the Shrimpfest to be held downtown. BACKGROUND: The Proposed Resolution designates the Port Arthur Chamber of Commerce as the exclusive concessionaire for the Shrimpfest. This festival is being moved from Logan Park on Pleasure Island to downtown. The proposed agreement is modeled on that used for Mardi Gras. BUDGETARY/FISCAL EFFECT: The Port Arthur Chamber of Commerce will reimburse the City for all overtime personnel costs associated with the festival. STAFFING/EMPLOYEE EFFECT: City employees will be used to perform activities similar to that done for Mardi Gras. SUMMARY: I recommend that Proposed Resolution No. 12132 be approved. P.R. No. 12132 03/2703 DLW RESOLUTION NO. A RESOLUTION AUTHORIZING, DESIGNATING AND ESTABLISHING THE SHRIMPFEST ENTERTAINMENT AREA FOR 2003, DESIGNATING THE PORT ARTHUR CHAMBER OF COMMERCE AS THE EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PORT ARTHUR CHAMBER OF COMMERCE. WHEREAS, the City Council of the City of Port Arthur desires to promote Shrimpfest as a means to stimulate business and commercial activity in the City; and, WHEREAS. the designation of the Port Arthur Chamber of Commerce 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 the City Council designates and establishes the entertainment area for the 2003 Shrimpfest to be that certain area depicted on Exhibit "A" attached hereto as Exhibit "A". THAT the Port Arthur Chamber of Commerce is hereby designated as the exclusive concessionaire of Shrirnpfest 2003; and, THAT the City Manager is hereby authorized to execute an agreemem with the Port Arthur Chamber of Commerce; said agreement containing duties and responsibilities of each party; and, THAT a copy of said agreement is attached hereto and made a part hereof as Exhibit "B"; and, THAT the City Manager at, er consultation with the Chief of Police can terminate this agreement and the Shrimpfest celebration for security reasons. THAT a copy of the caption of this Resolution be spread upon theMinntes of the City Council. THAT tiffs Resolution shall be effective on or after the date that Ordi~xnce No. (P.R. No. 5324) is effective). P.1L NO. 12132 03/27/03 Page 2 of 2 READ, ADOPTED AND APPROVED tbJs __ day of April, A.D., 2003, at a Regular Meeting of the City Council of the City of Port Arthur. Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: City Manager Director of Planning EXI-[IBIT "A' P.R. 12132 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PORT ARTHUR. TEXAS AND THE PORT ARTHUR CHAMBER OF COMMERCE THIS AGREEMENT, is made by and between the City of Port Arthur, Texas ("City") and the Port Arthur Chamber of Commerce. ("PACC"). WITNESSETH: WHEREAS, the City and PACC are desirous of cominuing the celebration of Shrimpfest to enhance the development of the tourist industry in Port Arthur and improve the economic circnm~qtances of the City in general; and, WHEREAS, the City and PACC 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 Shrimpfest activities; and, NOW, THEREFORE, it is hereby agreed that the City and PACC enter into this Agrcemem regarding said Shrimpfest activities scheduled for 2003: 1. General Provisions. During Shrimpfest PACC shall as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public Shrimpfest events and functions. 2..Duties ofPACC. PACC does hereby agree m be responsible for the following activities in connection with Shrimpfest 2003, at its expense, and the City does hereby delegate said responsibilities to PACC along with certain income or revenues associated therewith: (a) PACC shall recommend the area for such Shrimpfest celebration, subject to the approval and designation of the City Council. Co) PACC is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the Entertainment Area during the Shrimpfest period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from PACC before obtaining a vendor permit from the City, if one is required. Ifa City vendor permit is not required, then vendors must obtain pem~ission from PACC before conducting any business within the Entertainment Area. (c) PACC is author/zed to charge the following fees for admission into the Ent~alnment Area; children 11 years of age and under shall be free on all days and that fees for others shall be free on Thursday, May 15; not to exceed $8.00 per day on Friday, May 16 through Sunday May 18, 2003. (d) PACC shall obtain City Council approval for the street closure for Shrimpfest festivities, as outlined in the Port Arthur Code of Ordinances. (e) PACC agrees to arrange for fencing for the Entertainment Area, and the area which PACC intends to fence shall be approved by the City. PACC shall determine the location of fencing gates with the approval of City, and shall prepare all passes, provide attendants, provide gate attendant information sheets, and prepare the signage to the entrance gates. PACC agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) PACC 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. PACC shall be entitled to all revenues except as otherwise herein expressly provided from the Entertainment Area. (g) PACC 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. Ca) PACC 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) PACC shall provide trash barrels in the Shrimpfest Entertainment Area. O) PACC shall be in charge of the cleanup of the Shrimpfest Entertainment Area. (k) PACC shall coordinate and enforce contracts with all temporary concessions in the Shrimpfest Entertainment Area, and the City shah have the right to approve or disapprove said concessions after PACC approval. (lc) PACC shah coordinate all Shrimpfest activities, and shall, when necessary, secure special approval of the City. PACC shall submit a master plan to the City on or before April 15th of all activities to be undertaken as a part of the Shrimpfest festivities, including tbe activities, concessions and location of the tentative Shrimpfest Emertainment 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 (I) PACC shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Shrimpfest 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 Shrimpfest 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 PACC and indemnification of the City. PACC shall also at its sole cost and expense, obtain, and cause to be kept in full force and effect at all times during the Shrimpfest 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 mimmum 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 venturers with PACC. The policy shall be performable in Port Arthur,' Jefferson County, Texas, and shall be construed in accordance with the laws of the State ofTexns. 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 Shrimpfest 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 Managex at least fifteen (15) days prior to the effective date of cancellation; and in such case PACC 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 PACC's obligation 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 PACC to sell alcoholic beverages during the Shrimpfest Festival. (m) PACC shall provide the City of Port Arthur with a valid license to sell alcoholic beverages issued by the Texas Alcoholic Beverage Commission. (n) PACC 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, 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 attn'butable, directly or indirectly, to the occurrence of the Shrimpfest festival, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type for structure on the Shrimpfest Entertainment Area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with Shrimpfest, said expenses to be reimbursed by PACC. (a) Types and location of all temporary concession permits on public property within the Shrimpfest Entertainment Area shall be subject to the prior approval of the PACC. (d) The City shall be responsible for approving or disapproving all baxmers, signage and advertisements to be installed on or above the City right-of-way aRer PACC has first approved or proposed same. (e) The City shall be responsible for approving in advance the location oftbe bleachers in the City right-of-way. (f) The City shall have the right of approval over all Shrimpfest activities occurring or taking place on City streets, alleys and rights-of-way after PACC has approved or proposed same. (g) The City must approve any and all firework displays or baser light shows being planned, after PACC has first approved or proposed same. 4. Term. This Agreemem shall be in force and effect until July 31, 2001. 5. The City Manager, atter consultation withthe Chief of Police can terminate this agreement and the Shrimpfest celebration for security concerns. 6. Financial Reportin~ and Settlement of Expenses. PACC and the City each agree to deliver to the other a report of its receipts and expenditures of Shrimpfest within ninety (90) days after the conclusion of Shrimpfest festivities for each year subject to this Agreement. PACC 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 PACC and used for the event. 7. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to Shrimpfest, including but not limited to the enforcement of the Port Arthur Code of Ordinances which makes it unlawfill for anyone to bring coolers containing food and beverages, glass containers, canned drinks and pets into the Shrimpfest Entertainment Area. 8. Amendments. This Agreement shall not be altered or amended without the prior written consem of all parties hereto as to such alteration or amendment. SIGNED AND AGREED TO on the day of ,2003. C1TY OF PORT ARTHUR, TEXAS ATTEST: By: Title: City Manager Date: City Secretary SIGNED AND AGREED TO onthe day of ,2003 PORT ARTHUR CHAMBER OF COMMERCE Title: Date: ATTEST: