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HomeMy WebLinkAboutPR 24838 ESTABILISHING THE PORT ARTHUR CV&B THE EXCLUSIVE CONCESSIONAIRE FOR PA MARDI GRAS 2027 UPDATED P.R. NO. 24838 03/17/2026 RPC RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ARTHUR,TEXAS,DESIGNATING AND ESTABLISHING THE PORT ARTHUR CONVENTION AND VISITORS BUREAU As THE EXCLUSIVE CONCESSIONAIRE FOR THE PORT ARTHUR MARDI GRAS 2027 AND AUTHORIZING THE CITY MANAGER To NEGOTIATE AN AGREEMENT WITH THE PORT ARTHUR CONVENTION AND VISITORS BUREAU WHEREAS, since 1991, the City of Port Arthur has worked with other organizations to celebrate Mardi Gras in our downtown area; and WHEREAS, Chapter 90 of the City of Port Arthur Code of Ordinances establishes the rules and procedures for Mardi Gras festivals; 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, the Port Arthur Convention and Visitors Bureau ("CVB") seeks to be the exclusive concessionaire and wants to enter into a Chapter 380 Agreement under the Texas Local Government Code with the City. Now THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: THAT, the facts and opinions in the preamble are true, correct, and hereby incorporated for all purposes. THAT,the CVB is hereby designated as the exclusive concessionaire of the Port Arthur Mardi Gras 2027. THAT,the City Manager is hereby authorized to negotiate a Chapter 380 agreement with the CVB, said agreement containing the duties and responsibilities of each party, and is attached hereto and made a part hereof as Exhibit A. THAT, a caption of the Resolution shall be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED,this day of March,2026 AD,at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: ; Councilmembers: ; • NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED —T-O-F . Roxann Pais Cotroneo, City Attorney APPROV" , • ' l D MI I.ISTRATION: Ronald Burto,, �'' , City Manager EXHIBIT A CHAPTER 380 AGREEMENT MEMORANDUM OF UNDERSTANDING MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PORT ARTHUR,TEXAS AND PORT ARTHUR CONVENTION AND VISITORS BUREAU THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and the Port Arthur Convention and Visitors Bureau ("CVB"). WITNESSETH: WHEREAS the City and CVB wish to continue celebrating Mardi Gras to promote the growth of the tourist industry in Port Arthur and boost the City's economy;and WHEREAS,the City and CVB desire to enter into this Agreement to define and coordinate the parties'duties and responsibilities to facilitate the rapid and efficient organization of Mardi Gras Festival and its activities. Now,THEREFORE, it is hereby agreed that the City and CVB enter into this Agreement regarding said Mardi Gras activities scheduled for 2027: 1. GENERAL PROVISIONS. During the Mardi Gras period (the twenty (20) days immediately preceding Ash Wednesday each year, as subject to this Agreement), CVB shall, as the exclusive concessionaire, coordinate and schedule all public Mardi Gras events and functions on behalf of the City. 2. DUTIES OF CVB. CVB agrees to be responsible for the following activities related to Mardi Gras 2027, at its own expense, and the City hereby delegates these responsibilities to CVB, along with certain income and revenues associated with them,which shall be used solely for future Mardi Gras events. a. Mardi Gras Committee. Appoint a 7-10 member committee to plan, implement, and execute the Mardi Gras Festival. b. Designated Area. CVB shall annually recommend the area for the Mardi Gras celebration, subject to approval and designation by the City Council. c. Vendors Activities. CVB is hereby designated to coordinate all vendor activities on public lands and streets within the Entertainment Area during Mardi Gras, paying particular attention to hours of operation, location, products, costuming, booth design, and vendor permit fees. Vendors must obtain endorsement from the CVB before securing a vendor permit from the City, if required. If a City vendor permit is not necessary,vendors must still get approval from the CVB before conducting business within the Entertainment Area.CVB March 24,2026, Draft Agreement Subject to Negotiations-1 will make every effort to avoid placing a temporary vendor beneath a window from which beads,doubloons, or other trinkets are thrown. d. Admission Fees. CVS is authorized to charge the following fees for admission into the Entertainment Area. (To Be Determined) e. Street Closures. CVB shall secure approval from the City Council for the street closure related to Mardi Gras festivities, as outlined in Section 90-16 of the Port Arthur Code of Ordinances. f. Fencing and Gates. CVB agrees to arrange fencing for the Entertainment Area,and the area CVB plans to fence must be approved by the City.CVB will decide the location of the fencing gates with the City's approval, and will prepare all passes, provide attendants, supply gate attendance information sheets,and create signage for the entrance gates.CVB also agrees to contact the Fire Chief/Fire Marshal to identify suitable locations for emergency gates. g. Entertainment Area Performers and Entertainers. CVB is responsible for arranging the performers and entertainers in the Entertainment Area, managing ticket sales, and obtaining clearances and approvals from the City Council when required to complete specific tasks.CVB is entitled to all revenues from the Entertainment Area unless otherwise explicitly stated herein. h. Stages. CVB shall be responsible for the platform stages in the Entertainment Area, including setting up the stages, dismantling them after the festival, and arranging for necessary locations from private property owners or lessees. Portable Toilets. CVB will supply sanitary port-a-cans(portable toilets),be responsible for their site placement, determine the required number, and provide a map showing their locations. j. Trash Barrels. CVB shall provide trash barrels in the Mardi Gras Entertainment Area. k. Decorations. CVB will be responsible for decorating the streets and streetlights as approved by the City Manager of the City. 1. Park and Ride.CVB shall coordinate all"park and ride"areas and also manage bus shuttles. m. Cleanup. CVB shall be in charge of the cleanup of the Mardi Gras Entertainment Area. March 24,2026, Draft Agreement Subject to Negotiations-2 n. Concessions Contracts. CVB 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 CVB approval. o. Master Plan. CVB shall coordinate all Mardi Gras activities and, when necessary, obtain special approval from the City. CVB shall submit a master plan to the City on or before January 1st each year during the term of this Agreement, detailing all activities related to Mardi Gras festivities, including(1)the number of parades and 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 must also be submitted to the City Manager for further review and approval. p. Insurance. CVB shall obtain at its sole cost and expense, 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 related 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 Dollars ($1,000,000) combined single-limit coverage for death of or injury to a person and/or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for CVB and indemnification of the City. CVB 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 Dollars ($1,000,000). 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 to be deemed partners or joint ventures with CVB. 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) calendar 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) calendar days prior to the effective date of cancellation and in such case CVB shall, prior to the effective date of cancellation, secure substitute policies furnishing the same coverages set forth above.The furnishing of March 24, 2026, Draft Agreement Subject to Negotiations-3 such insurance coverage shall not in any way limit or satisfy any of CVB's obligation under this section. The requirement for Liquor Liability Insurance and a license for the sale of alcoholic beverages shall also apply to any individual or group selected by CVB to sell alcoholic beverages during the Mardi Gras Festival. q. License to Sell Alcoholic Beverages. CVB shall provide the City with a valid license to sell alcoholic beverages issued by the Texas Alcoholic Beverage Commission. r. Indemnification.CVB shall covenant and agree to indemnify and to save and hold harmless the City and the Port Arthur Economic Development Corporation, its agents, officers, and employees,and any persons from the following: 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 Port Arthur 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 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 of structure on the Mardi Gras Entertainment Area. 3. DUTIES OF THE CITY. The City hereby agrees to be responsible for the activities listed below related to Mardi Gras,with expenses to be reimbursed by CVB. a. Parade Security. The City agrees to collaborate with CVB, parade sponsors, and other relevant entities to organize security in public areas, including but not limited to the Mardi Gras Entertainment Area, Parade Route,Bleacher Area,and Staging Area.The City will also coordinate all traffic flow to,from,and around the Parade Area.Once the parade starts,the City and CVB agree that the Police Department will assume full control of the parade. b. Barricades.The City will be responsible for installing barricades along the Parade Route and other processions and will have sole discretion over the placement and number of barricades needed. c. Temporary Concession Permits. The City will issue all temporary concession permits along the Parade Route in properly zoned areas,including the Mardi Gras Entertainment Area.The types and locations of all temporary concession permits on public property within the Mardi Gras Entertainment Area will require prior approval from the CVB. March 24, 2026, Draft Agreement Subject to Negotiations-4 d. Banners, Signs. and Advertisements. The City shall be responsible for approving or disapproving all banners,signage,and advertisements to be installed on or above the City's right-of-way after CVB has first approved or proposed the same. e. Bleachers. The City shall approve the location of bleachers in the City's right-of-way in advance. f. Streets.Alleys, and Right-of-Ways. The City shall have the right of approval over all Mardi Gras activities on City streets, alleys, and right-of-ways after CVB has approved or proposed them. g. Fireworks and Laser Light Shows. The City must approve all firework displays or laser light shows planned, after CVB has first approved and proposed them. h. Parking. The City will be responsible for notifying residents about parking restrictions and prohibitions on the streets on each parade day. The City shall also handle enforcement against illegal parking tots operating during the parade days. Command Center. The City shall be in charge of the Command Center which serves as an information or communication center for each parade. 4. USE OF PROPERTY LOCATED AT THE 800 BLOCK OF 4TH STREET.The City authorizes the CVB to use the property in the 800 block of 4th Street for the carnival during public Mardi Gras events, subject to the following conditions: a. The owners of the property, including the Port Arthur Economic Development Corporation, approve its use. b. The property must be returned in the same condition as it was before use. 5. TERM. This Agreement shall be in force and effect until 6. FINANCIAL REPORTING AND SETTLEMENT OF EXPENSES. The City and CVB 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, beverages,glass containers,canned drinks,and pets into the Mardi Gras Entertainment Area. March 24, 2026, Draft Agreement Subject to Negotiations-5 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 AGREE TO ON DAY OF ,2026 CITY OF PORT ARTHUR,TEXAS Charlotte M. Moses, Mayor ATTEST TO: Sherri Bellard, City Secretary APPROVED AS TO ADMINISTRATION Ronald Burton, CPM, City Manager SIGNED AND AGREE TO ON DAY OF ,2026 PORT ARTHUR CONVENTION AND VISITORS BUREAU President March 24,2026, Draft Agreement Subject to Negotiations-6