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HomeMy WebLinkAboutPR 15841: SACRED HEART - ST. MARY PARISH SPRING FESTIVALCr2~Yo~ ~o~'A~2 Parks and Recreation r~oRaxDUC~ TO: Stephen B. Fitzgibbons, City Manager FROM: Dr. Albert T. Thigpen, Director Parks & Recreation DATE: April 12, 2010 RE: P. R. # 15841-Sacred Heart-St. Mary Parish Spring Festival Agreement COMMENTS RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 15841, establishing the entertainment. area for the Sacred Heart-St. Mary Parish Spring Festival and designating Sacred Heart-St. Mary Parish as the exclusive concessionaire. BACKGROUND_ The Sacred Heart-St. Mary Parish is sponsoring a Spring. Festival in downtown Port Arthur on Friday, April 30, 2010 to Saturday, May 1, 2010. The Spring Festival is an event filled with food, music and entertainment-for the entire family. This resolution would establish them as the exclusive concessionaire. BUDETARYIFISCAL EFFECT: Overtime costs will be reimbursed to the City. EMPLOYEEISTAFF EFFECT: Acceptance of this recommendation will not affect the staffing levels at this time.. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 15841, establishing the entertainment area for the Sacred Heart-St. Mary Parish Spring Festival and designating Sacred Heart-St. Mary Parish as the exclusive concessionaire. P. R. No. 15841 04/13/2010/ca RESOLUTION NO. A RESOLUTION. DESIGNATING AND ESTABLISHING THE SACRED HEART-ST. MARY PARISH FESTIVAL. ENTERTAINMENT AREA FOR 2010,' DESIGNATING SACRED HEART-ST. MARY PARISH AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SACRED HEART-ST. MARY PARISH WHEREAS, the City Council of the City of Port Arthur desires to promote the Sacred Heart-St. Mary Parish Spring Festival celebration as a means to stimulate business and commercial activity in the City, and, WHEREAS, the designation of Sacred Heart-St. Mary Parish as the exclusive concessionaire and entering into an agreement therewith is appropriate under Section 380.001 Local Government Code. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section. i. That the facts and opinions in the Preamble aze true and correct. Section 2. That the City Council designates and establishes the entertainment azea for the 2010 Sacred Heart-St. Mary Parish Spring Festival celebration to be that certain azea depicted as described on Exhibit "A", attached hereto and made a part hereof. Section 3. That Sacred Heart-St. Mary Parish is hereby designated as the exclusive concessionaire of the Spring Festiva12010. Section 4. That the City Manager of the City of Port Arthur is hereby authorized to execute an Agreement with Sacred Heart-St. Mary Parish, with said Agreement containing. the duties and responsibilities of each party, in substantially the same form as attached hereto as Exhibit. "B" Section 5. That Sacred heart-St. Mary Parish must provide certificates of insurance coverage to the City no later than Friday, April 23, 2010, as delineated in Subsection M of the Agreement. P. R. # 15841 04/13/2010/ca Section 6. That a copy of caption of this Resolution be spread upon the Minutes of the City Council. READ,. ADOPTED AND APPROVED THIS day of April A.D., 2010, at a Meeting of the City Council`of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor:. City Council: Noes: Mayor ATTEST: City Secretary APPROVED AS FORM: 'ty APPROVED FOR ADMINISTRATION: City Manager Directo ks an Recreation s EXHIBIT "A" CITY OF PORT ARTHUR 2010 SACRED HEART / ST. MARY PARISH SPRING FESTIVAL ~^ EIECipICAI BLDG. FIFCi41C41 FARKIN~~ IC~T -- w F iF'f F'OLI~C Z. i i:li1' a wi~~ z ~ ~ -iP,"i 'f. ~T.4TION - a FAP.h;ING , :~~~¢ 4 ~ L FAFi~I"!I ~ ~ ~ °' PORI Af~fl ~UR NLINJ Z '~ LLL ~ ;~ ~ A. __ I L` I ~ _-. m DD a~YVSlmf i1PN NYON.N1 w%M11 ) iW~Ct Po{L ?ORiAN1E NLYTfOOY µ`I, %UULL • PIML ~~41::~~~~ <MYNIp fLNILL I~~1 '.AVi) RN~N~ ~' ~~ ~~ AREA MAP IF4RT; 57. MARY GARISH EXHIBIT "B" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND SACRED HEART-ST. MARY PARISH THIS AGREEMENT is made by and between the City of Port Arthur, Texas.("City") and Sacred Heart-St. Mary Parish. ("SHSMP"). WITNESSETH: WHEREAS, the City and SHSMP aze desirous of continuing the celebration of the Sacred Heart-St. Mazy Parish Spring Festival 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 SHSMP 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 the Sacred Heart-St. Mary Parish Spring Festival ` activities; and, NOW, THEREFORE, it is hereby agreed that the City and SHSMP enter into this Agreement regazding said Sacred Heart-St. Mazy Parish Spring Festival activities scheduled for 2010: 1. General Provisions. During the Sacred Heart-St. Mary Pazish Spring Festival SHSMP shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all, public Sacred Heart-St. Mazy Parish Spring Festival events and functions. , 2. Duties of SHSMP. SHSMP does hereby agree to be responsible for the following. activities in connection with the Sacred Heart-St. Mary Pazish Spring Festiva12010, at its expense, and the City does hereby delegate said responsibilities to SHSMP along with certain income or revenues associated therewith: 1' (a) SHSMP shall recommend the area for such Sacred Heart-St. Mary Parish Spring Festival celebration, subject to the approval and designation of the Citv Council. (b) SHSMP is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Sacred Heart-St. Mazy Pazish Spring Festival period, giving special attention to the. hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain. endorsement from SHSMP before obtaining a vendor permit from the City, of one is required. If a City vendor permit is not required, then vendors must obtain permission from SHSMP before conduction any business within the entertainment azea. (c) SHSMP is authorized to charge the following fees for admission into the entertainment azea; children 12 years of age and under shall not exceed $5.00 on all days and fees for others shall not exceed $15.00 per day on Friday, Apri130 through Saturday, May, 1, 2010. (d) SHSMP shall obtain City Council approval for the street closure for Sacred Heart-St. Mary Pazish Spring Festival festivities, as outlined in the Port Arthur Code of Ordinances. (e) SHSMP agrees to arrange for fencing the entertainment azea, and the City shall approve the .area that SHSMP intends to fence. SHSMP shall determine the location of fencing. gates with the approval of the City, and shall prepaze all passes, provide attendants, provide gate attendant information sheets, and prepaze the signage to the entrance gates. SHSMP agrees to contact the Fire Chief/Fire Mazshal to determine which azeas will be suitable for emergency gates. 2 (1) SHSMP 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 particulaz tasks.. SHSMP shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment azea. (g) SHSMP shall be responsible for the platform stages in the entertainment azea, including putting up the stages and taking them down after the festival, and arranging for- necessary location from private property owners or lessees. (h) SHSMP shall provide sanitazy 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. a (i) SHSMP shall provide trash barrels in the Sacred Heart-St. Mary Parish Spring Festival entertainment azea. (j) SHSMP shall be in charge of the cleanup of the Sacred Heart-St. Mary Parish Spring Festival entertainment azea. (k) SHSMP shall coordinate aiid enforce contracts with all temporary concessions in the Sacred- Heart-St. Mary Parish Spring Festival entertainment azea, and. the City shall have the right to approve or disapprove said concessions after SHSMP approval. (I) SHSMP shall coordinate all Sacred. Heart-St. Mary Parish. Spring Festival activities, and shall, when necessazy secure special approval of the City. SHSMP shall submit a master plan to the City on or before Apri126`s of all activities to be undertaken as-apart of the Sacred Heart-St. Mary Parish Spring Festival festivities, including the activities; concessions and location. 3 of the tentative Sacred Heart-St. Mazy Parish Spring Festival entertainment azea. 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) SHSMP shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Sacred Heart-St. Mary Parish Spring 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 Sacred Heart-St. Mazy Parish Spring 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 Dollazs ($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 SHSMP and indemnification of the City. SHSMP shall also at its sole cost and expense, obtain and cause to be kept in full force and effect at all times during the Sacred Heart-St. Mazy Parish Spring Festival, a legally binding policy of Liquor Liability Insurance and shall name the City, its officers, employees and agents as additional named insureds. The naming of the City; its 4 officers, employees and agents as additional named insureds in the policy shall not thereby cause them to be deemed partners or joint ventures with SHSMP. 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 Sacred Heart-St. Mazy Parish Spring 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 (IS) days prior to the effective date of cancellation; and in such case SHSMP 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 SHSMP'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 SHSMP to sell alcoholic beverages during the Sacred Heart-St. Mazy Pazish Spring Festival. (n) SHSMP shall provide the City of Port Arthur with a valid license to sell alcoholic beverages issued by the Texas Alcoholic Beverage Commission. (o) SHSMP 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 5 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 character, any of which for any reason whatsoever may arise out of or will be attributable, directly or indirectly, to the occurrence of the Sacred Heart-St. Mary Parish Spring Festival, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Sacred Heart-St. Mary Parish Spring Festival entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with Sacred. Heart-St. Mary Parish Spring Festival, said expenses to be reimbursed by SHSMP. (a) Types and location of all temporazy concession permits on public property within the Sacred Heart-St. Mary Parish Spring Festival. entertainment azea shall be subject to the prior approval of the SHSMP. (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 SHSMP 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. 6 (d) The City shall have the right of approval over all Sacred Heart-St. Mary Parish Spring Festival activities occurring. or taking place on City streets, alleys, and rights-of--way after SHSMP has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after SHSMP has first approved or proposed same.° 4. Term. This agreement shall be in force and effect until June 30, 2010. ~ 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Sacred- Heart-St. Mary Pazish Spring Festival celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. SHSMP and the City each agree to deliver to the other a report of its receipts and expenditures of Sacred Heart-St. Mary Parish Spring Festival within ninety (90) days after the conclusion of the Sacred Heart-St. Mary Parish Spring Festival festivities for each yeaz subject to the Agreement. SHSMP shall reimburse the City for the overtime costs (hours worked outside normal shifts) of police, firefighters grid other City personnel, as well as the supplies and equipment that are requested by SHSMP and used for the event. 7. Compliance with Laws, Both parties agree to .mutually cooperate to enforce all. laws and regulations relating to the Sacred Heart-St. Mary Parish Spring 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 and pets into the Sacred Heart-St. Mary Parish Spring 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. 7 SIGNED AND AGREED to on the day of .2010. CITY OF PORT ARTHUR, TEXAS City Manager Date: City Secretary SIGNED AND AGREED to on the day of , 2010. SACRED HEART-ST. MARY PARISH BY: Title: Date: ATTEST: