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HomeMy WebLinkAboutPR 15504: MARDI GRAS 2010Memo To: Steve Fitzgibbons, City Manager and City Council From: Colleen Russell, Planning Department Date: 9/15/2009 Re: The Mardi Gras Special Event -February 11-14, 2010 Background: This event is held annually and the City is asked to host the event and designate a Mardi Gras area as shown in Exhibit "A". The event will be held over a period of four days February 11-14, 2009 and it is sponsored by Mardi Gras of Southeast Texas Incorporated. About 250,000 persons generally attend and during this time the City helps not only with space, but health and safety matters and public safety. Summary: Please approve proposed resolution 15504 for Mardi Gras designated area and agreement (Exhibit "B")for Mardi Gras 2010. C. Russell, Pllanning Director • Page 1 P.R. No. 15504 09/15/09 CWR RESOLUTION NO. A RESOLUTION AUTHORIZING/ DESIGNATING THE MARDI GRAS ENTERTAINMENT AREA FOR 2010, FOR MARDI GRAS OF SOUTHEAST TEXAS, INC. AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THEM. WHEREAS, the City Council of the City of Port Arthur desires to promote the Mardi Gras celebrations as a means to stimulate business and commercial activity in the City; and; WHEREAS, the designation of Mardi Gras of Southeast Inc. entering into an agreement therewith is appropriate under Section 380.001 of the 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 2010 Mardi Gras celebration to be that certain area depicted on Exhibit "A" attached hereto and made a part hereof; and, THAT Mazdi Gras of Southeast Texas, Inc. is hereby designated as the exclusive concessionaire of Mardi Gras 2010; and, 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; and, THAT a copy of said agreement is attached hereto and made 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 September, A.D., 2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: P.R. NO. 15504 09/15/09 Page 2 of 2 AYES: MAYOR COUNCILNIEMBERS: ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney ~pN bEFtA~t.C fir, APPROVED FOR ADMINISTRATION: EXHIBIT A 9' ~~ i~, ~~1 City of Port Arthur 2009 Mardi Gras Southeast Texas February 11 - 14, 2010 N o IW SGLE~ I'•100~ .m.. p 1 ~ ~ 9 g ~~ it i "` ;~ ~ 0 c ~~ 6 ~! ~ ! ,o,a.. I~i I ~ ~~ w i j yam ., ~ as s n' ~ i'i h ~~ -_ ii~E~i ', s ~S dedli ~ !ri ~ I °- i ~ Irl i~'i pp -srr•.m- ~^ ~!~ I ~ ~ ~ :'; ~ , ~ ~ ~ I ~31~1 I~~i '~~ ~..~. ~~: F f~ _~ ~~~ ~~~ „~ ~u „~ y!~~ I' '!I _Km ~ii~ J ~ ~~ i ~W !!~T 5 C ~', ~.. caRxtvac T RIDES Y~I' EXHIBIT B P.R.issaa 9/15109 CWR P.R.15504 09/15/09 CWR MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND MARDI GRAS OF SOUTHEAST TEXAS 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 2010: 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 2010; at its expense, and the City does hereby delegate said responsibilities to MGSET along with certain income or revenues associated therewith: P.R.15504 9/li/09 CWR (a) MGSET shall annually recommend the area for such Mazdi Gras celebration, subject to the approval and designation of the City Council. (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 temporazy vendor beneath a window from which beads, doubloons or other trinkets aze thrown. (c) MGSET is authorized to chazge 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 $5.00 on Thursday, Februazy 11~' to cover additional expenses such as entertainment. The events will be held on Friday, February 12`h 6 p.m.-midnight, admission- $10, on Saturday; Februazy 13a' noon to midnight with a $10 fee and on Sunday, February 14`h noon to eight in the evening with an admission cost of $8.00. Any passes distributed will be in according to Ordinance 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 Mazdi Gras festivities, as outlined in Section 90-I 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. ] 5504 9/15/09 CWR 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 Entertaimnent 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. (1) 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.15504 9/15/09 CWR (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 the Mardi Gras festivities, including (1) the number of parades and the number of routes, (2) the route of each pazade, 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 primazy 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) Dollazs 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 P.R.15504 9/li/09 CWR 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 sha-1 not thereby cause them to be deemed partners or joint venturers 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: P.R. 15504 9/15/09 CWR (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 azise out of or will be attributable, directly or indirectly, to the occurrence of the Mazdi 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 Pazade 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 Pazade 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 Pazade Route in properly zoned areas, including the Mardi Gras Entertainment Area. Types and location of all P. R. 15504 9/15/09 CWR temporary concession permits on public property within the Mazdi 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 Mazdi 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 pazade. (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 4"' 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. P.R.1SSO4 9/lil09 CWR 5. Term. This Agreement shall be in force and effect until July 31, 2009. 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. SIGNED AND AGREED TO on the day of _ , 2009. CITY OF PORT ARTHUR, TEXAS ATTEST: B3'~ Title: City Manager Date: City Secretary SIGNED AND AGREED TO on the -day of _ , 2009. MARDI GRAS OF SOUTHEAST TEXAS, INC. sy: Title: Date: ATTEST: