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Home My WebLink AboutPR13047:MERCADO DAYS AGREEMENTINTEROFFICE MEMORANDUM TO:. FROM: SUBJECT: DATE~ STEVE FITZGIBBONS, CITY MANAGER DALE L. WATSON, DIRECTOR OF PLANNING P.R. NO. 13047- MERCADO DAYS AGREEMENT 02/21/05 RECOMMENDATION: I recommend that Proposed Resolution No. 13047 be approved. This Resolution would designate Southeast Texas Hispanic Cultural & Educational Center, Inc. as the exclusive concessionaire for Mercado Days, BACKGROUND: The Southeast Texas Hispanic Cultural & Educational Center, Inc. is sponsoring a Mercado Days Festival in downtown Port Arthur on Saturday, April 15t~ and Sunday, April 16th. This Resolution would establish them as the exclusive concessionaire. The proposed agreement is the same as used for Mardi Gras and Shtimpfest. BUDGETARYfFISCAL EFFECT: Overtime costs will be reimbursed to the City. STAFFING/EMPLOYEE EFFECT: None SUMMARY: I recommend that Proposed Resolution No 13047 be approved. P.R. No. 13047 03/21/05 DLW RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE MERCADO DAYS FESTIVAL ENTERTAINMENT AREA FOR 2005. DESIGNATING SOUTHEAST TEXAS HISPANIC CULTURAL & EDUCATIONAL CENTER, INC. AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHEAST TEXAS HISPANIC CULTURAL & EDUCATIONAL CENTER. INC. WHEREAS, the City Council of the City of Port Arthur desires to promote the Mercado Days celebration as a means to stimulate business and commercial activity in the City; and, WHEREAS, the designation of Southeast Texas Hispanic Cultural & Educational Center, Inc. as the exclusive concessionaire and the entering into an agreement therewith is appropriate under Section 380.001 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 enteflainment area for the 2005 Mercado Days celebration to be that certain area depicted on Exhibit "A" attached hereto and made a part hereof. THAT Southeast Texas Hispanic Cultural & Educational Center, Inc. is hereby designated as the exclusive concessionaire of Mercado Days 2005, THAT the City Manager of the City of Port Arthur is hereby authorized to execute an agreement with Southeast Texas Hispanic Cultural & Educational Center, Inc. said agreement containing duties and responsibilities of each party. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. NO. 13047 03/21/05 Page 2 of 2 READ, ADOPTED AND APPROVED this __. day of March, A.D., 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: ATTEST: City secretary Mayor APPROVED AS TO FORM: CRy Attorne~ *' ~] APPROVED FOR ADMINISTRATION: City Manager Director of Planning EXHIBIT "A" Exhibit P. R. No. 13047 AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND SOUTHEAST TEXAS HISPANIC CULTURAL & EDUCATIONAL CENTER, INC. THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and the Southeast Texas Hispanic Cultural & Educational Center, Inc. ("STHCEC"). WITNESSETH: WHEREAS, the City and STHCEC are desirous of continuing the celebration of Mercado Days Festival to enhance the development of the toudst industry in Port Arthur and improve the economic circumstances of the City in general; and WHEREAS, the City and STHCEC 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 Mercado Days Festival activities; and, NOW, THEREFORE, it is hereby agreed that the City and STHCEC enter into this Agreement regarding said Mercado Days Festival activities scheduled for 2005: 1. General Provisions. During Mercado Days Festival STHCEC shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all public Mercado Days Festival events and functions. 2. Duties of STHCEC. STHCEC does hereby agree to be responsible for the following activities in connection with Mercado Days Festival 2005, at its expense, and the City does hereby delegate said responsibilities to STHCEC along with certain income or revenues assodated therewith: (a) STHCEC shall recommend the area for such Mercado Days Festival celebration, subject to the approval and designation of the City Coundl. (b) STHCEC is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area Exhibit ,A" P. R. No. 13047 (c) (d) (e) (f) (g) dudng the Mercedo Days Festival pedod, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from STHCEC 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 STHCEC before conducting any business within the entertainment area. STHCEC is authorized to charge the following fees for admission into the entertainment area; children 12 years of age and under shall be free on all days and fees for others shall not exceed $600 per day on Saturday, Apd115 through Sunday, Apd116, 2005. STHCEC shall obtain City Council approval for the street closure for Mercado Days Festival festivities, as outlined in the Port Arthur Code of Ordinances. STHCEC agrees to arrange for fencing the entertainment area, and the City shall approve the area that STHCEC intends to fence. STHCEC shall determine the Ioca'don of fencing gates with the approval of the City, and shall prepare all passes, provide attendants, provide gate attendant information sheets, and prepare the signage to the entrance gates. STHCEC agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. STHCEC 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. STHCEC shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. STHCEC shall be responsible for the platform stages in the entertsinment area, including putting up the stages and taking them 2 Exhibit P. R. No. 13047 down after the festival, and an'ang~ng for necessary location from private property owners or lessees. (h) STHCEC shall provide sanitary port-a-cans (portable toilets), shall be responsible for the site ocation of same, determining the number required, and providing a map for locations of said port-a- calqs. (i) STHCEC shall provide trash barrels in the Mercado Days Festival entertainment area, (j) STHCEC shall be in charge of the cJeanup of the Mercado Days Festival entertainment area. (k) STHCEC shall coordinate and enforce contracts with all temporary concessions in the Mercado Days Festival entertainment area, and the City shall have the right to approve or disapprove said concessions after STHCEC approval. (I) STHCEC shall coordinate all Mercado Days Festival activities, and shall, when necessary secure special approval of the City. STHCEC shall submit a master plan to the City on or before Apdl 6th of all activities to be unclertaken as a part of the Mercado Days Festival festivities, including the activities, concessions and location of the tentative Mercado Days Festival entertainment area. Any changes, modifications or amendments to the odginal site plan approved by the City Manager shall also be submitted to the City Manager for further rewew and approval. (m) STHCEC shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Mercado Days 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 3 Exhibit P. R. No. 13047 such matters arising out of the Mercado Days Festival. The policies must be endorsed to state that the coverage extended to the City of Port Arthur, its officers, employees an 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 person and/or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for STHCEC and indemnification of the City. STHCEC shall also at its sole cost and expense, obtain and cause to be kept in full force and effect at all times during the Mercado Days 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 officers, employees and agents as additional named insureds in the policy shall not thereby cause them to be deemed partners or joint ventures with $THCEC. 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 Mercedo Days 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 pdor to the effective date of cancellation; and in such case STHCEC shall, pdor 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 STHCEC's obligation under this section. The requirements for Liquor Liability Insurance and a license for the sale of alcohol beverages shall also 4 Exhibit "A" P. R. No. 13047 apply to any individual or group selected by STHCEC to sell alcoholic beverages dudng the Mercado Days Festival. (n) STHCEC shall provide the City of Port Arthur with a valid license to sell alcoholic beverages issued by the Texas Alcoholic Beverage Commission. (o) STHCEC shall covenant and agree to indemnify and to save and hold harmless the City, it 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, 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 Mercado Days Festival, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Mercado Days Festival entertainment area. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with Mercado Days Festival, said expenses to be reimbursed by STHCEC. (a) Types and location of all temporary concession permits on public property within the Mercado Days Festival entertainment area shall be subject to the pdor approval of the STHCEC. (b) The City shall be responsible for approving or disapproving al! banners, signage and advertisements to be installed on or above 5 Exhibit "A" P. R. No. 13047 the City right-of-way after STHCEC 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. (d) The City shall have the right of approval over all Mercado Days Festival activities occurring or taking place on City streets, alleys and rights-of-way after STHCEC has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after STHCEC has first approved or proposed same. Term. This Agreement shall be in force and effect until June 30, 2005. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Mercado Days Festival celebration for security concerns. Financial Repm'dn,q and Settlement of ExPenses. STHCEC and the City each agree to deliver to the other a report of its receipts and expenditures of Mercado Days Festival within ninety (90) days after the conclusion of Mercado Days Festival festivities for each year subject to the Agreement. STHCEC 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 STHCEC and used for the event. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to Mercado Days 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 Mercado Days Festival entertainment area. Amendments. This Agreement shall not be altered or amended without the prior written consent of all parties hereto as to such alteration or amendment. 6 Exhibit =A" P. R. No. 13047 SIGNED AND AGREED to on the CITY OF PORT ARTHUR, TEXAS day of City Manager Date: A'II'EST: City Secretary SIGNED AND AGREED to on the day of ,2005. SOUTHEAST TEXAS HISPANIC CULTURAL & EDUCATIONAL CENTER, INC. By: Title: Date: ATTEST: 7