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HomeMy WebLinkAboutPR 24875: DESIGNATING AND ESTABLISHING THE PORT ARTHUR CONVENTION AND VISITORS GUREAU AS THE EXCLUSIVE CONCESSIONAIRE FOR THE MARDI GRAS 2027 P.R.NO. 24875 04/14/2026 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 ENTER INTO 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 enter into 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. w READ,ADOPTED AND APPROVED,this day of April, 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 AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, CPM, City Manager EXHIBIT A CHAPTER 3 80 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 Tourist Association doing business as the Port Arthur Convention and Visitors Bureau ("CVB") on May 5, 2026, and is collectively referred to as the"Parties". WITNESSETH: WHEREAS,the City and the CVB wish to continue celebrating Mardi Gras to promote growth in Port Arthur's tourism industry and to boost the City's economy;and WHEREAS,the City names CVB as the exclusive concessionaire, which shall have the exclusive rights to sell food, beverages, or novelty items within public streets, alleys, or other outdoor public property within the confines of the Mardi Gras Entertainment Area. Such exclusive concession rights shall be granted on an annual basis for the Mardi Gras festival,shall exist only for the duration of the Mardi Gras festival,and shall be limited to public streets,alleys, and other outdoor public property within the Mardi Gras Entertainment Area,as that area is defined by resolution or ordinance of the City Council for each annual Mardi Gras festival; WHEREAS,the City and the CVB desire to enter into this Agreement to define and coordinate the Parties'duties and responsibilities to facilitate the rapid and efficient organization of the Mardi Gras Festival and its activities; Now,THEREFORE, it is hereby agreed that the City and the CVB enter into this Agreement regarding the Mardi Gras activities scheduled for 2027: 1.0 DEFINITIONS.The words,terms and phrases used in this Agreement shall have the following meaning: Carnival parade means a parade held during the carnival season by a nonprofit organization featuring,floats, minifloats,and/or marching organizations. Carnival season means a season of festivities, celebrations, and balls in the weeks preceding Ash Wednesday and the beginning of Lent. Exclusive concessionaire means a concessionaire designated by the city who shall have the exclusive rights to sell or arrange sell of food, beverages, or novelties within the confines of public places within the Mardi Gras Entertainment area under certain prescribed conditions. 1 Float means a vehicle with platforms used to carry maskers. Floats shall not be less than 20 feet long nor more than 60 feet long,nor more than 13 feet wide and not more than 17 feet high,measured from the street level. No float shall have a minimum turning radius which exceeds 55 feet. Master Plan Area means all areas under the exclusive concessionaire's direct control. Mardi Gras means a celebration or festival, being the last opportunity to enjoy oneself by eating, drinking, making music and parading through the streets before Ash Wednesday and the beginning of Lent. Mardi Gras Entertainment Area means a fenced area in downtown Port Arthur, as designated by the exclusive concessionaire and the City,in which Mardi Gras revelers can eat,drink,listen to music,and share in the entertaining activities of Mardi Gras. Minifloats means a vehicle less than 20 feet long which may or may not have a platform used to carry maskers. Site Plan means a plan depicting the location of each booth,vendor,and any structure within the Mardi Gras Entertainment Area.The site plan provides for reasonable street access to private property owners unless the CVB has obtained a written agreement from the private property owner to the contrary. Staging Area means the area designated for pre-parade setup, lineup and/or disbanding. Truck parade means a parade conducted by a non-profit organization which includes self-propelled decorated trucks. 2.0 GENERAL PROVISIONS. During the Mardi Gras period (the twenty (20) days immediately preceding Ash Wednesday each year,as subject to this Agreement),CVB,as the exclusive concessionaire,shall coordinate and schedule public Mardi Gras events and functions on behalf of the City. 3.0 DUTIES OF CVB. CVB agrees to be responsible for the following activities related to Mardi Gras 2027,and the City hereby delegates these responsibilities to CVB, along with certain associated income and revenues, which shall be used solely for current and future Mardi Gras events. 3.1 Mardi Gras Committee. Appoint a 15-25 member committee to plan, implement, execute, and fundraise for the Mardi Gras Festival in coordination with the City. In addition to this Mardi Gras Committee,the CVB may create a resource team to assist the Mardi Gras Committee and the CVB. 3.2 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;(2)the route of each parade;and (3)the activities,concessions,and the 2 tentative location of the 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.The City will assist the CVB in preparing a Master Plan map. 3.3 Mardi Gras Entertainment Area. CVB shall annually recommend the entertainment area for the Mardi Gras celebration, subject to approval and designation by the City Council. The Mardi Gras Entertainment Area is a fenced area in downtown Port Arthur, where Mardi Gras revelers can eat, drink, listen to music,and share in the entertaining activities of Mardi Gras. 3.4 Site Plan.CVB shall prepare a site plan subject to approval by the City.The site plan shall depict the location of every booth, vendor, and any structure within the Mardi Gras Entertainment Area. The site plan shall provide for reasonable street access to private property owners,unless the CVB,with the assistance of the City, has obtained a written agreement from private property owners to the contrary.If the CVB and private property owners cannot agree on reasonable street access to which the private property owner is entitled, the City shall determine that access,which shall be binding on the CVB and the private property owner. Any changes, modifications, or amendments to the original site plan approved by the City shall also be submitted to the City for further review and final approval. 3.5 Vendors Activities. CVB is hereby designated to coordinate all vendor activities on public lands and streets within the Mardi Gras Entertainment Area during Mardi Gras, with particular attention to hours of operation, location, products, costuming, booth design, and vendor permit fees.Vendors must obtain the CVB's endorsement before securing a vendor permit from the City, if required. If a City vendor permit is not required, vendors must still obtain approval from the CVB before conducting business within the Mardi Gras Entertainment Area.CVB will make every effort to avoid placing a temporary vendor beneath a window from which beads, doubloons, or other trinkets are thrown. 3.6 Admission Fees. CVB is authorized to charge a fee for admission into the Mardi Gras Entertainment Area not to exceed $20.00 per person, per day in compliance with Section 90-161(d) of the City of Port Arthur,Texas Code of Ordinances. 3.7 Admission Practices.CVB must provide passes to permanent residents,property owners,and year- round businesses that reside, own property, or conduct business within the Mardi Gras Entertainment Area under the following guidelines: 3.7.1 Permanent residents,who reside within the Mardi Gras Entertainment Area, shall request passes and receive them in advance. No more than 5 passes may be provided to a permanent resident. 3 3.7.2 Property owners, who own property within the Mardi Gras Entertainment Area, shall request passes and receive them in advance and are limited to the principal owner.No more than 5 passes shall be provided to a property owner. 3.7.3 Year-round businesses located within the Mardi Gras Entertainment Area shall be provided with passes for business owners, which shall be distributed in advance based on a list of employees to be provided to CVB. 3.7.4 All other categories of participation that are entitled to passes will be addressed between the Parties as needed. 3.8 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. Section 90-16 requires that temporary street closures in commercial and/or downtown areas be submitted in writing to the City Manager's Office at least 60 days prior to the festival, unless otherwise approved.The following shall accompany the written request: 3.8.1 A list, in a format approved by the City Manager's Office, of all property owners and the amount of their ownership interest in property within the Mardi Gras Entertainment Area. The City shall assist the CVB in identifying all property owners within the Mardi Gras Entertainment area. 3.8.2 Written approval,in a format approved by the City Manager's Office,from owners of 51%of the property described in 3.8.1.Approval shall be calculated on a one-vote-per-lot basis. 3.8.3 Property owned by the city shall be counted as an affirmative vote when determining the percentage approval as outlined in 3.8.2. 3.8.4 City staff shall provide a traffic impact analysis,along with comments from all appropriate city departments. 3.9 Fencing and Gates. CVB agrees to arrange fencing for the Mardi Gras Entertainment Area, and any area CVB plans to fence must be approved by the City.With the City's approval,CVB will determine the locations of the fencing gates and 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. 3.10 Area for Performers and Entertainers.CVB is responsible for arranging performers and entertainers in an exclusive area and obtaining clearances and approvals from the City when required to complete specific tasks. 4 3.11 Stages. CVB shall be responsible for the platform stages in the area for performers and entertainers, including setting up the stages, dismantling them after the festival, and arranging for necessary locations with private property owners or lessees. 3.12 Portable Toilets. CVB, with assistance from the City, 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. 3.13 Park and Ride.CVB shall coordinate all"park and ride"areas and manage any provided bus shuttles. 3.14 Carnival Parade Route.The CVB must submit a parade route for review and approval by the City.The maximum length of any carnival parade route shall not exceed 2.25 miles, exclusive of formation and disbanding areas. The route must also be approved in advance by the Port Arthur Police Department to ensure adequate public safety measures. All carnival parade routes must be permitted by the City 60 days prior to the festival. There shall be no minimum age for persons participating in any carnival parade composed of floats and/or vehicles,whether as riders of floats, members of bands or marching units,or otherwise, unless a minimum age is imposed by state and federal laws or regulations.Persons on floats employed as operators and animators shall be at least 15 years of age. Parade participants on floats, in automobiles,on horseback,or on any other vehicle or mode of transportation, including, but not limited to, marching in the parade, shall be decently attired. No sexually indecent dress or characterization shall be allowed and is subject to criminal prosecution. It is unlawful for any person to participate in a carnival parade or truck parade while intoxicated. It is unlawful for any person to smoke or vape while on a float in a carnival parade or truck parade. 3.15 Truck Parade Route.The CVB must submit a truck parade route for the City's review and approval. All truck parades conducted during the carnival parade season shall be subject to the following requirements: 3.15.1 Trucks shall not be more than 13 feet and six inches tall and not wider than ten feet. 3.15.2 Trucks shall follow the route permitted by the City, which shall include a requirement that they proceed as directed and disband in the designated area or vicinity. 3.15.3 The interval between each truck shall be not less than 20 feet.No unauthorized persons or vehicles shall be allowed to parade between the trucks. 3.16 Concessions Contracts. CVB is the exclusive concessionaire but may contract with temporary concessions.If CVB contracts with temporary concessions,then 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. 5 3.17 Insurance. CVB shall obtain at its sole cost and expense through agreed funding, 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 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. 3.18 License to Sell Alcoholic Beverages. CVB or a designated TABC-approved vendor shall provide the City with a valid license to sell alcoholic beverages issued by the Texas Alcoholic Beverage Commission. 3.19 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, but only to the extent permitted by law and only to the extent caused by the acts or omissions of CVB, its officers,employees, contractors,or agents from the following: 6 3.19.1 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 3.19.2 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 3.19.3 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. 3.19.4 Notwithstanding anything herein to the contrary, CVB shall have no duty to indemnify, defend, or hold harmless the City or the Port Arthur Economic Development Corporation for any claim,damage,loss or expense arising out of or resulting from the sole or concurrent negligence, fault, or wrongful act or omission of the City, the Port Arthur Economic Development Corporation or any of their respective officers, employees, representatives, or agents. 3.20 Provide Concessionaire Report.Within 60 calendar days after the Mardi Gras festival,the CVB must report to the City any complaints received, and recommendation to improve future Mardi Gras festivals. 3.21 Signage.CVB shall have the exclusive right to place advertising signs during the Mardi Gras festival in the designated Mardi Gras Entertainment Area. This shall not prevent other permittees and participants from using attached signs to advertise their products and prices.No attached sign may project beyond the designated limits of the space on which the permittee or participant is located. 4.0 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 through agreed funding and sponsorships. 4.1 City Funds.The City agrees to provide the CVB with start-up funding in FY2025/2026 in the amount of One Hundred Thousand Dollars ($100,000). The Parties shall agree on a mutually satisfactory amount of funds to provide the CVB for Mardi Gras in the FY2026/2027 operating budget.After all bills have been paid, any remaining funds will be returned to the City within 60 days of the final accounting to the City.If there are no remaining funds,the amount will be used to offset the shortage owed to the CVB by the City. The City agrees to provide any additional funding resulting from expenses exceeding revenues to the CVB within 60 days of the final accounting to the City, subject to final approval by the City Council. 7 4.2 Parade Event and Security. The City agrees to collaborate with CVB, parade sponsors, and other relevant entities to organize security for public areas and to develop a security plan covering but not limited to the Mardi Gras Entertainment Area,Carnival Parade Route,and Staging Area.The City will also coordinate all traffic flow to, from, and around the Carnival Parade Area. Once the parade starts,the City and CVB agree that the Police Department will assume full control of the parade. 4.3 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 required. 4.4 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 by the CVB. 4.5 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 them. 4.6 Bleachers.The City shall approve the location of bleachers within the City's right-of-way in advance. 4.7 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 such activities. 4.8 Fireworks and Laser Light Shows. The City must approve all planned fireworks displays or laser light shows,after the CVB has approved and proposed them. 4.9 Parking. The City will be responsible for notifying residents of parking restrictions and prohibitions on the streets on each parade day. 4.10 Command Center. The City shall be in charge of the Command Center, which serves as an information or communication center for the Mardi Gras Festival. 4.11 First Aid Center and Ambulances. City shall coordinate with CVB to provide a First Aid Center and to have ambulances available at or near the Mardi Gras Entertainment Area.The City shall prepare an emergency plan that includes an evacuation plan for the Mardi Gras festival. 4.12 Trash Barrels. City shall provide trash barrels in the Mardi Gras Entertainment Area for the duration of the Mardi Gras festival. 8 4.13 Cleanup. City shall be responsible for cleaning the Mardi Gras Entertainment Area for the duration of the Mardi Gras festival. 4.14 Maps.City will assist the CVB in preparing all necessary maps for the Mardi Gras festival. 5.0 MISCELLANEOUS PROVISIONS. 5.1 Prohibited food. beverages. and pets. It shall be unlawful for any individual, organization, or corporation to bring food, beverages of any kind,glass containers,or pets within the confines of the Mardi Gras Entertainment Area, except for any person, business, or corporation that owns, leases, operates, or permanently resides on property in the Mardi Gras Entertainment Area, and any employee of the same.Animals in an official Mardi Gras activity or service dogs shall be allowed in all Mardi Gras activities and areas. 5.2 Temporary Food and Beverage Vendors Located Outside the Mardi Gras Entertainment Area. Temporary food and beverage vendors located outside the Mardi Gras Entertainment Area, except for food trucks, must obtain a valid City permit in compliance with Chapter 22 of the City's Code of Ordinances before selling food or beverages. Failure to comply with Chapter 22 of the City's Code of Ordinances may result in a Class C misdemeanor citation with a penalty of up to$2,000 per day per violation. 6.0 TERM. This Agreement shall be in force and effect until May 5,2027. 7.0 FINANCIAL REPORTING AND SETTLEMENT OF EXPENSES. The City and the CVB each agree to deliver to the other a report of its Mardi Gras receipts and expenditures within ninety(90)days after the conclusion of the Mardi Gras festivities each year, subject to this Agreement. 8.0 COMPLIANCE WITH LAWS. Both parties agree to cooperate in enforcing all laws and regulations relating to Mardi Gras,including,but not limited to 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. 9.0 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 MAY,2026. CITY OF PORT ARTHUR,TEXAS Charlotte M. Moses, Mayor 9 ATTEST TO: Sherri Bellard, City Secretary APPROVED AS TO ADMINISTRATION Ronald Burton,CPM,City Manager APPROVED AS TO FORM: Roxann Pais Cotroneo,City Attorney SIGNED AND AGREE TO ON DAY OF MAY,2026 PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION DBA PORT ARTHUR CONVENTION AND VISITORS BUREAU Donald Floyd,President Tammy Kotzur,Executive Director 10