HomeMy WebLinkAboutPR 18587: ESTABLISHING THE MARDI GRAS ENTERTAINMENT AREA FOR 2015 CITY OF PORT ARTHUR
PLANNING DIVISION
Memo
To: John A. Comeaux, P.E.., Interim City Manager and City Council
From: Ronald Burton, Director of Development Services
Date: 09/22/2014
Re: P.R. NO. 18587; Mardi Gras Special Event: February 12 — 15, 2015
Attached is P.R. NO. 18587 authorizing, designating and establishing the Mardi Gras
entertainment area for 2015, designating Mardi Gras of Southeast Texas, Inc. as exclusive
concessionaire and authorizing the City Manager to execute an agreement with Mardi Gras
of Southeast Texas, Inc.
On Sunday, February 15, 2015, Mardi Gras Southeast Texas, Inc. will be adding a new five
(5) Block walking parade within the grounds and includes the following:
• Umbrella Brigade 2:00 p.m.
• Munchkin Parade 3:00 p.m.
Attachments
P.R.No.18587
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RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE
MARDI GRAS ENTERTAINMENT AREA FOR 2015,
DESIGNATING MARDI GRAS OF SOUTHEAST TEXAS, INC.
AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH
MARDI GRAS OF SOUTHEAST TEXAS, INC.
WHEREAS, since 1991, the City of Port Arthur has worked with the Mardi Gras of Southeast
Texas which is made up of the following member organizations:
American Italian Club Golden Triangle Cajun Club
Knights of Peter Claver #18 Knights of Peter Claver #182
Lindley Foundation Port Arthur Chamber of Commerce
Port Arthur Evening Sertoma Port Arthur Noon Sertoma
Retail Merchants Association South Jefferson County Center
Sacred Heart Catholic Church St. Catherine Catholic Church
St. Catherine PTO St. James Catholic Church
St. John Catholic Church St. Joseph Catholic Church
Christus Hospital Foundation; and,
WHEREAS, Chapter 90 of the Code of Ordinances establishes the rules and procedures for the
festivals such as Mardi Gras, Calvoilcade, Shrimpfest, Mercado Days, and the Zachery Breaux Jazz
Festival; 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 designation of Mardi Gras of Southeast Texas, Inc., as exclusive concessionaire
and the entering into an agreement therewith is appropriate under 380.001 Local Government Code;
now therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Council designates and establishes the entertainment area for the 2015 Mardi
Gras celebration to be that certain area depicted on Exhibit "A" attached hereto and made a part
hereof.
THAT Mardi Gras of Southeast Texas, Inc. is hereby designated as the exclusive concessionaire
of Mardi Gras 2015.
THAT the City Manager of the City of Port Arthur is hereby authorized to execute an
agreement with Mardi Gras of Southeast Texas, Inc., said agreement containing duties and
responsibilities of each party.
THAT a copy of said agreement is attached hereto and made a part hereof as Exhibit "B".
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED this day of September, A.D., 2014, at a
Regular 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.No.18587
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APPROVED AS TO FORM:
.I■.� a
Valecia "Val 'iz-no, lorneY
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.., Interim City Manager
iler
Ronald Burt ,Director of Development Services
P.R.No.18587
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PAGE OF 13
EXHIBIT "A"
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P.R.No.18587
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EXHIBIT "B"
P.R.No. 18587
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF PORT ARTHUR, TEXAS
AND
MARDI GRAS OF SOUTHEAST TEXAS, INC.
THIS AGREEMENT, is made by and between the City of Port Arthur, Texas ("City") and Mardi Gras of
South East Texas, Inc. ("MGSET").
WITNESSETH:
WHEREAS, the City and MGSET are desirous of continuing the celebration of Mardi Gras 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 MGSET 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 Mardi Gras activities; and,
NOW, THEREFORE, it is hereby agreed that the City and MGSET enter into this Agreement
regarding said Mardi Gras activities scheduled for 201 5:
1. General Provisions. During the Mardi Gras period (the twenty day period immediately
preceding Ash Wednesday of each year subject to this Agreement), MGSET shall as the exclusive
concessionaire, on behalf of the City, coordinate and schedule all public Mardi Gras events and
functions.
2. Duties of MGSET. MGSET does hereby agree to be responsible for the following activities in
connection with Mardi Gras 2015, at its expense, and the City does hereby delegate said
responsibilities to MGSET along with certain income or revenues associated therewith:
(a) MGSET shall annually recommend the area for such Mardi Gras celebration, subject to the
approval and designation of the City Council.
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(b) MGSET is hereby appointed to coordinate all vendor activities conducted on public lands
and streets within the Entertainment Area during the Mardi Gras period, giving special attention to the
hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must
obtain endorsement from MGSET 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 MGSET before
conducting any business within the Entertainment Area. MGSET shall use its best efforts to avoid locating
a temporary vendor beneath a window from which beads, doubloons or other trinkets are thrown.
(c) MGSET is authorized to charge the following fees for admission into the Entertainment
Area; children 11 years of age and under shall be free on all days and that fees for others shall
not exceed $5.00 on Thursday, February 12, 2015 to cover additional expenses such as
entertainment. The events will be held on Friday, February 13, 2015, 6:00 p.m. — 1:00 a.m.,
admission $15.00; Saturday, February 14, 2015, 1:00 p.m. — 1 :00 a.m., admission $15.00; and
Sunday, February 15, 2015, 1:00 p.m. - 8:00 p.m., admission $10.00. Any passes distributed will
be in accordance to Ordinance No. 09-14, Section 2, amendment to Section 90-162 Admission
Practices-subsections (a) (1-3) and subsection (b).
(d) MGSET shall obtain City Council approval for the street closure for Mardi Gras festivities, as
outlined in Section 90-1 of the Port Arthur Code of Ordinances.
(e) MGSET agrees to arrange for fencing for the Entertainment Area, and the area which
MGSET intends to fence shall be approved by the City. MGSET shall determine the location of fencing
gates with the approval of City, and shall prepare all passes, provide attendants, provide gate
attendant information sheets, and prepare the signage to the entrance gates. MGSET agrees to contact
the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates.
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(f) MGSET 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. MGSET shall be entitled to all revenues except as
otherwise herein expressly provided from the Entertainment Area.
(g) MGSET 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 locations
from private property owners or lessees.
(h) MGSET 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) MGSET shall provide trash barrels in the Mardi Gras Entertainment Area.
(I) MGSET shall be responsible for decorating the streets and the street lights as approved by
the City Manager of the City.
(k) MGSET shall coordinate all "park and ride" areas and shall also coordinate bus shuttles.
(I) MGSET shall be in charge of the cleanup of the Mardi Gras Entertainment Area.
(m) MGSET 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 MGSET approval.
(n) MGSET shall coordinate all Mardi Gras activities, and shall, when necessary, secure special
approval of the City. MGSET shall submit a master plan to the City on or before January 1st of each
year during the term of this Agreement of all activities to be undertaken as a part of the Mardi Gras
festivities, including (1 ) the number of parades and the number of routes, (2) the route of each parade,
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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 shall also
be submitted to the City Manager for further review and approval.
(o) MGSET shall obtain at its sole cost and expense, and 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
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 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 [$1,000,000.00]
Dollars 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 MGSET
and indemnification of the City. MGSET 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
[$1,000,000.00] Dollars. 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 them to be deemed partners or joint venturers with
MGSET. The policy shall be performable in Port Arthur, Jefferson County, Texas, and shall be construed
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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 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) days prior to
the effective date of cancellation; and in such case MGSET 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 MGSET's obligations under this
section. The requirements for Liquor Liability Insurance and a license for the sale of alcoholic beverages
shall also apply to any individual or group selected by MGSET to sell alcoholic beverages during the
Mardi Gras Festival.
(p) MGSET shall provide the City of Port Arthur with a valid license to sell alcoholic beverages
issued by the Texas Alcoholic Beverage Commission.
(q) MGSET shall covenant and agree to indemnify and to save and hold harmless the City and
the Section 4A Economic Development Corporation, 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 and the Section 4A 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,
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existence, operation, repair or removal of any bench, stage, shelter or other type for structure on the
Mardi Gras Entertainment Area.
3. Duties of the City. The City does hereby agree to be responsible for the following activities in
connection with Mardi Gras, said expenses to be reimbursed by MGSET.
(a) The City agrees to coordinate with MGSET, parade sponsors, and any other necessary
entities in order to arrange for all security in public areas (including but not limited to the Mardi Gras
Entertainment Area, Parade Route, Bleacher Area, Staging Area, etc.) as well as coordinate all traffic to
and from and around the Parade Area. Once any parade begins, the City and MGSET agree that the
Police Department shall be in complete charge of the parade.
(b) The City will be responsible for installing barricades along the Parade Route and for other
processions and shall be the sole judge of where the barricades will be placed as well as the number of
barricades necessary.
(c) The City shall issue all temporary concession permits along the Parade Route in properly
zoned areas, including the Mardi Gras Entertainment Area. Types and location of all temporary
concession permits on public property within the Mardi Gras Entertainment Area shall be subject to the
prior approval of the MGSET.
(d) 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 MGSET has first approved or
proposed same.
(e) The City shall be responsible for approving in advance the location of the bleachers in the
City right-of-way.
(f) The City shall have the right of approval over all Mardi Gras activities occurring or taking
place on City streets, alleys and rights-of-way after MGSET has approved or proposed same.
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(g) The City must approve any and all firework displays or laser light shows being planned,
after MGSET has first approved or proposed same.
(h) The City will be responsible for notifying residents of parking restrictions and prohibitions in
the streets on the day for each parade. The City shall also be responsible for enforcement regarding
illegal parking lots operating on the date of each parade.
(i) The City shall be in charge of the Command Center which will be used as an information or
communication center for each parade.
4. Use of Property Located at the 800 Block of 4th Street.
The City authorizes MGSET to utilize the property in the 800 Block of 4th St. for the location of the
carnival during public Mardi Gras events, subject to the following conditions:
(a) The use of the property is approved by the owners thereof including the Port Arthur
Economic Development Corporation.
(b) The property shall be returned in the same condition it was in prior to use.
5. Term. This Agreement shall be in force and effect until July 31, 201 5.
6. Financial Reporting and Settlement of Expenses. MGSET and the City 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 90-1 34 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 Mardi Gras 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.
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ATTEST:
Deloris "Bobbie" Prince, Mayor
SIGNED AND AGREED TO on the day of , 2014.
CITY OF PORT ARTHUR, TEXAS
By:
John A. Comeaux, P.E.., Interim City Manager
ATTEST:
Sherri Bellard, City Secretary
SIGNED AND AGREED TO on the day of , 2014.
MARDI GRAS OF SOUTHEAST TEXAS, INC.
By:
Laura Childress, President
ATTEST: