The URL can be used to link to this page

Home My WebLink AboutPR 18314: ZACHARY BREAUX JAZZ FESTIVAL AGREEMENT ciq!Yo 02TA2TW2 Parks and Recreation MEMORANDUM TO: John A. Comeaux, P.E., Interim City Manager FROM: Dr. Albert T. Thigpen, Director Parks & Recreation DATE: April 30, 2014 RE: P. R. # 18314 - Zachary Breaux Jazz Festival Agreement COMMENTS RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 18314. This Resolution would establish the entertainment area for the 2014 Annual Zachary Breaux Jazz Festival and designate the Heritage Life Center of St. Paul United Methodist Church as the exclusive concessionaire. BACKGROUND: Zachary Breaux was a native of Port Arthur, Texas, and a 1978 graduate of Abraham Lincoln Senior High School. In high school he was an accomplished band member composing the music for many of the half -time routines of the famous "Purple and Gold Marching Band and Honeybees Drill Team." Following graduation, Mr. Breaux continued on to become a successful musician, composer, and performer in the jazz field. In 1997 while on vacation in Florida, Mr. Breaux lost his life in an attempt to save a woman from drowning. This was the second time he had put his life on the line in an effort to save someone else. The Zachary Breaux Jazz Festival is so named in his honor. The event will be held on Friday, June 13, 2014 through Saturday, June 14, 2014. This Resolution would establish the entertainment area and designate the Heritage Life Center of St. Paul United Methodist Church as the exclusive concessionaire. BUDETARY /FISCAL EFFECT: The agreement provides that the Heritage Life Center of St. Paul United Methodist Church will reimburse the City for the overtime costs of City personnel as well as equipment and supplies requested by the Heritage Life Center of St. Paul United Methodist Church. EMPLOYEE /STAFF 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. 18314. This Resolution would establish the entertainment area for the 2014 Annual Zachary Breaux Jazz Festival and designate the Heritage Life Center of St. Paul United Methodist Church as the exclusive concessionaire. • P. R. # 18314 04/30/2014/ca RESOLUTION NO. A RESOLUTION DESIGNATING AND ESTABLISHING THE ZACHARY BREAUX JAZZ FESTIVAL ENTERTAINMENT AREA FOR 2014, DESIGNATING HERITAGE LIFE CENTER OF ST. PAUL UNITED METHODIST CHURCH AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HERITAGE LIFE CENTER OF ST. PAUL UNITED METHODIST CHURCH. WHEREAS, Zachary Breaux was a native of Port Arthur and a Graduate of Abraham Lincoln Senior High School; and, WHEREAS, Mr. Breaux was a nationally renowned accomplished musician, composer, and jazz artist; and, WHEREAS, in 1997, in an act of selfless heroism, Mr. Breaux lost his life in an effort to save a drowning woman; and, WHEREAS, the City Council joins all citizens in commemorating the life and heroism of its "hometown" son; and, WHEREAS, the City Council of the City of Port Arthur desires to promote the Zachary Breaux Jazz Festival as a means to stimulate business and commercial activity in the City; and, WHEREAS, designation of Heritage Life Center of St. Paul United Methodist Church as the exclusive concessionaire and entering into an agreement therewith is appropriate under Section 380.001 of the Local Government Code. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council designates and establishes the entertainment area for the 2014 Zachary Breaux Jazz Festival celebration to be that certain area depicted as described on Exhibit "A ", attached hereto and made a part hereof. P. R. # 18314 04/30/2014/ca Section 3. That Heritage Life Center of St. Paul United Methodist Church is hereby designated as the exclusive concessionaire of the 2014 Zachary Breaux Jazz Festival. Section 4. That the City Manager of the City of Port Arthur is hereby authorized to execute an Agreement with Heritage Life Center of St. Paul United Methodist Church, 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 Heritage Life Center of St. Paul United Methodist Church must provide certificates of insurance coverage to the City no later than Wednesday, May 14, 2014, as delineated in Subsection 2(m) of the Agreement. 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 A.D., 2014, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes:(Mayor) Councilmembers: Noes: Deloris "Bobbie" Prince Mayor ATTEST: Sherri Bellard City Secretary P. R. # 18314 04/30/2014/ca APPROVED AS TO FORM: Val izeno, sq. City A mey APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E. Interim City Manager /i 04: A 0 4110 \ p lug J � Albert Thirr' IPMA -CP, CAM" ' ' / Director of Parks and Recreation EXHIBIT "A" ._ . . . • 1111: 1111: ,... .....,.. 2 I 11 • : 11 §g : z\\ \ g 1••■ XIIIP own ' . _ . z . ... :&'• . c.D s.n..4, orn 0010 Ilir '-' P/ '070wr YrKuti3S 0 ark 0 P cr z g - • g 2 Ille ----- . " S ofoitope or z z i. • • - c) ..., z , I 1 d I i :., c., 1 I I 1 1 II i I a 0 _..iv • w Z S3V01.4 D 0 in g.. . II 1 21 0 2 '01:113 Ittaala . ; 31)}13AY JAMMU - 4 , A 1-t1-0-41-11.1 0 "5Cr1s .1.NvOYA • % . . t .....--- 1 - 1 2 i w z MP 0 ' pole 1Nvavn OTIS IMYNA 1, a., ■ C‹ X 'pais ANyavn . i . 02,01,Bi , . i . Ce W < CC p to < 1 Z w 0 aift < CD ,_,› . 7c • • io 0 1 cc ' 1 4.. in CO it C4 C4>. n la ' 0 .- 1 . 3 0 •I 0 < ILI • 5s. • x . e , 12 Ll. ott. 4 aflitlaAY 9001 >- s• t. — • • : • .. m i tt.• _ , tt • J • .., . _ c4 • ° B3 ' ... cz, U tN 'WM 1HYOVA >ISYd s.31d03., N 4 vl ii EFEc 'xis LieWA ' sWra latfv71 ••• , ,..._< D. 101 1/00dA t _ .C.1 0 %., • cc tt . § = . Ouv1,228 kObvitS a. ...rt 0 ,.., L• w . 0 0 L... . . . , A , . 9 b5 4; sm• . . • . c) . . w co o oa 1 1 .• .... &I . 4 g ... I / • • 3xaAv gusnv s , d: n an, Fwi lbw ' - DOM CC 1 1:1 - DOM We lttc7CA D ' 01273/2/7 4812/SN AllattOW F r , , 2:74YriS freah 1 PCOCHTE111 Y60 6 .-' CUM 70-14.101 CC . 0 . 'OMB itaraY4 a_ ■ ..rA7d sAtattiaw "V= 41t7et - ? . -- 1VISKO - ' SA1110,1 • R- . . 0811A014 /k0:13 • • a CC .. a. ilfrP m.17. 0 - SWS tiarol v Z m 1 01 1,4riVA - ; Z , __ * 8 - a. to-ure ,wao .4a U0 PEa s.aan I - t 1 • t aliv H.• 014 li • - • • — z. - -"- - - - - - -"%." - - - 7-7-":1"-eN .1,g„m;,0 EXHIBIT "B" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND HERITAGE LIFE CENTER OF ST. PAUL METHODIST CHURCH THIS AGREEMENT is made by and between the City of Port Arthur, Texas ( "City ") and the Heritage Life Center of St. Paul United Methodist Church. ( "HLC "). WITNESSETH: WHEREAS, the City and HLC are desirous of continuing the celebration of the Zachary Breaux Jazz 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 HLC 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 Zachary Breaux Jazz Festival activities; and, NOW, THEREFORE, it is hereby agreed that the City and HLC enter into this Agreement regarding said Zachary Breaux Jazz Festival activities scheduled for 2014: 1. General Provisions. During Zachary Breaux Jazz Festival HLC shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all, public Zachary Breaux Jazz Festival events and functions. 2. Duties of HLC. HLC does hereby agree to be responsible for the following activities in connection with the Zachary Breaux Jazz Festival 2014, at its expense, and the City does hereby delegate said responsibilities to HLC along with certain income or revenues associated therewith: (a) HLC shall recommend the area for such Zachary Breaux Jazz Festival celebration, subject to the approval and designation of the City Council. (b) HLC is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Zachary 1 Breaux Jazz Festival period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from HLC 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 HLC before conduction any business within the entertainment area. (c) HLC is authorized to charge the following fees for admission into the entertainment area; children 12 years of age and under shall not exceed $5.00 on all days and fees for others shall not exceed $20.00 per day on Friday, June 13 through Saturday, June 14, 2014. (d) HLC shall obtain City Council approval for the street closure for the Zachary Breaux Jazz Festival festivities, as outlined in the Port Arthur Code of Ordinances. (e) HLC agrees to arrange for fencing the entertainment area, and the City shall approve the area that HLC intends to fence. HLC shall determine the location 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. HLC agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (f) HLC 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. HLC shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. 2 (g) HLC 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 location from private property owners or lessees. (h) HLC 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) HLC shall provide trash barrels in the Zachary Breaux Jazz Festival entertainment area. (j) HLC shall be in charge of the cleanup of the Zachary Breaux Jazz Festival entertainment area. (k) HLC shall coordinate and enforce contracts with all temporary concessions in the Zachary Breaux Jazz Festival entertainment area, and the City shall have the right to approve or disapprove said concessions after HLC approval. (1) HLC shall coordinate all Zachary Breaux Jazz Festival activities, and shall, when necessary, secure special approval of the City. HLC shall submit a master plan to the City on or before June 9th of all activities to be undertaken as a part of the Zachary Breaux Jazz Festival festivities, including the activities, concessions and location of the tentative Zachary Breaux Jazz Festival 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. (m) HLC shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Zachary Breaux Jazz Festival a legally binding policy of insurance issued by best rated carriers approved to 3 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 Zachary Breaux Jazz 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 person and /or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for HLC and indemnification of the City. 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 HLC. 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 Zachary Breaux Jazz 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 HLC shall, prior to the effective date of cancellation, secure substitute policies furnishing the same coverages set forth above. The furnishing of such 4 insurance coverage shall not in any way, limit or satisfy any of HLC's obligation under this section. (n) HLC 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 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 Zachary Breaux Jazz Festival, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Zachary Breaux Jazz Festival entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Zachary Breaux Jazz Festival, said expenses to be reimbursed by HLC. (a) Types and location of all temporary concession permits on public property within the Zachary Breaux Jazz Festival entertainment area shall be subject to the prior approval of the HLC. 5 (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 HLC 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 Zachary Breaux Jazz Festival activities occurring or taking place on City streets, alleys, and rights -of -way after HLC has approved or proposed same. (e) The City must approve any and all firework displays or laser light shows being planned, after HLC has first approved or proposed same. 4. Term. This agreement shall be in force and effect until June 30, 2014. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Zachary Breaux Jazz Festival celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. HLC and the City each agree to deliver to the other a report of its receipts and expenditures of the Zachary Breaux Jazz Festival within ninety (90) days after the conclusion of the Zachary Breaux Jazz Festival festivities for each year subject to the Agreement. HLC 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 HLC and used for the event. 7. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to the Zachary Breaux Jazz 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 6 containers, canned drinks and pets into the Zachary Breaux Jazz Festival 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 , 2014. CITY OF PORT ARTHUR, TEXAS John A. Comeaux, P.E., Interim City Manager ATTEST: City Secretary SIGNED AND AGREED to on the day of , 2014. HERITAGE LIFE CENTER. BY: Print Name: Title: ATTEST: