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HomeMy WebLinkAboutPR 18937: CARNIVAL DES CAJUNS City of Port Arthur Parks and Recreation Memorandum To: Brian McDougal, City Manager From: Sue Bard, Director of the Southeast Texas Arts Council Date: March 27, 2015 Re: P.R. # 18937 -Carnival Des Cajuns Comments Recommendation: It is recommended that the City Council approve Proposed Resolution No. 18937.This Resolution would establish the entertainment area for the 2015 Carnival Des Cajuns and designate the Southeast Texas Arts Council as the exclusive concessionaire. Background: The Southeast Texas Arts Council (SETAC) was established in 1975. Its mission is to promote knowledge and appreciation of the arts and humanities in Jefferson, Orange and Hardin Counties by providing financial assistance, publicity, administrative resources, and advocacy to non-profit organizations. SETAC has enjoyed a long history with the City of Port Arthur as the administrator for the arts portion of the Hotel Occupancy Tax. After receiving several requests for assistance to produce a festival highlighting the Cajun culture, SETAC reserved a small portion of those funds to apply to this endeavor this year. SETAC has been working with several partners, including the Cajun French Music Association/Golden Triangle Chapter, EgoMedia Advertising, Cajun Sounds Internet Radio, and the Port Arthur Convention and Visitors Bureau to develop a one day festival held at the pavilion in downtown Port Arthur April 11, 2015. The event will be called Carnival Des Cajuns, and it is hoped this will become an annual event bringing activity in downtown Port Arthur and providing an economic benefit to the local community. The festival will include a variety of vendors selling food and merchandise, as well a day long schedule of live music by popular Cajun and Zydeco performers. These musicians were selected specifically to draw tourists from the area, and a block of rooms have been reserved with the Holiday Inn Express and Suites in Port Arthur. Texas Commission on the Arts (TCA) has added its support by providing a generous contribution. TCA has a long history working with SETAC and is confident the event will be a success. Budgetary/Fiscal Effect: The agreement provides that the Southeast Texas Arts Council will reimburse the City for the overtime costs of City personnel as well as equipment and supplies requested by the Southeast Texas Arts Council. Employee/Staff Effect: Acceptance of the recommendation will not affect the staffing levels at this time. Summary: It is recommended that the City Council approve Proposed Resolution No. 18937.This Resolution would establish the entertainment area for the 2015 Carnival Des Cajuns and designate the Southeast Texas Arts Council as the exclusive concessionaire. P.R. NO. 18937 03/27/15 vt/sb Resolution No. A RESOLUTION DESIGNATING AND ESTABLISHING THE CARNIVAL DES CAJUNS ENTERTAINMENT AREA FOR 2015,DESIGNATING THE SOUTHEAST TEXAS ARTS COUNCIL AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SOUTHEAST TEXAS ARTS COUNCIL. WHEREAS, Port Arthur is home to a large population of Cajun ancestry with a rich culture; and, WHEREAS, the City Council of the City of Port Arthur desires to promote the Carnival Des Cajuns as a means to stimulate business and commercial activity in the City; and, WHEREAS, designation of the Southeast Texas Arts Council 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 2015 Carnival Des Cajuns to be that certain area known as the City of Port Arthur Pavilion and surrounding area as depicted and described on Exhibit "A", attached hereto and made a part hereof. Section 3. That the Southeast Texas Arts Council is hereby designated as the exclusive concessionaire of the 2015 Carnival Des Cajuns. Section 4. That the City Manager of the City of Port Arthur is hereby authorized to execute an Agreement with the Southeast Texas Arts Council,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 the Southeast Texas Arts Council has provided a certificate of insurance coverage to the City as shown in Exhibit "C", as delineated in Subsection 2(1) of the Agreement. Section 6. That a copy of caption of the Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED THIS day of A.D., 2015, at a Meeting of the City Council of the City of Port Arthur,Texas, by the following vote: Ayes:(Mayor) Council members: Noes: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: I, ALM Awe vow Val Tizeno, Esq., City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Exhibit "A" '• • 4.•!•••AT. "•••ri:j ..-•••••••••"----2.- ---r?^•44--..44,-,4--..-"-4.4...«....,.......77.4-4,:../....---=7".--...........-----..444,.........-4,..1..'4 ,•'... ...e. 4,,.......,.......* "•••• 'rrY 4.1's i'-'' ••% ki„.4!'7,74 1 .; • ..:.'b e ,..;.4..7,...././...-77..... .- '-...... ....7:',....41:=*...-el..--2^."-.-4,04 —......--•-/-----,77-,./t• k.4 ' '..-; ''-'4iy .',: 4c••••-h /4: 7-T,) 4-3/r'....-r•-.4 ./, v,...i.......0;i1, FI: 4...... c19• ,m- l';'-‘,___..!-4:1 Lei-, :,. 't,ei.4-t$:Al ,----.7. . 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V-' ms � K's ' crams <44'.°1 . , s. y . kfy gxxxx < , -'' 4.•: a \;,.,,,,,,.,,,,,,,:: :-- -, .._ „ ' A t • sa vi; t WI, q � w. €_::1 \,ika's , r- S 1 } rt. ';' i,',,,4 .4_,, V•V - `".',1, _ f.. ?,7 sa.'�.ter" Exhibit "B" AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND SOUTHEAST TEXAS ARTS COUNCIL THIS AGREEMENT is made by and between the City of Port Arthur, Texas ("City") and the Southeast Texas Arts Council ("SETAC"). WITNESSETH: WHEREAS, the City and SETAC are desirous of the success of the Carnival Des Cajuns 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 SETAC desire to enter into the Agreement defining and coordinating the duties and responsibilities of the parties to this Agreement, to facilitate the expeditious and efficient organization of the Carnival Des Cajuns; and, NOW, THEREFORE, it is hereby agreed that the City and SETAC enter into this Agreement regarding said Carnival Des Cajuns scheduled for 2015: 1. General Provisions. During the Carnival Des Cajuns SETAC shall, as the exclusive concessionaire, on behalf of the City, coordinate and schedule all, public Carnival Des Cajuns events and functions. 2. Duties of SETAC. SETAC does hereby agree to be responsible for the following activities in connection with Carnival Des Cajuns, at its expense, and the City does hereby delegate said responsibilities to SETAC along with certain income or revenues associated therewith: (a) SETAC shall recommend the area for such Carnival Des Cajuns celebration, subject to the approval and designation of the City Council (b) SETAC is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the entertainment area during the Carnival Des Cajuns period, giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors must obtain endorsement from SETAC 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 SETAC before conducting any business within the entertainment area. (c) SETAC is authorized to charge the following fees for admission into the entertainment area; children 12 years of age and under shall be allowed at no charge, and fees for others shall not exceed $5.00 on April 11, 2015. (d) SETAC agrees to arrange for fencing the entertainment area, and the City shall approve the area that SETAC intends to fence. SETAC 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. SETAC agrees to contact the Fire Chief/Fire Marshal to determine which areas will be suitable for emergency gates. (e) SETAC is responsible for arranging the entertainment area for performers, ticket sales to the entertainment area, and obtaining clearances and approval from the City Council when required to accomplish particular tasks. SETAC shall be entitled to all revenues except as otherwise herein expressly provided from the entertainment area. (f) SETAC shall be allowed to use the platform stage owned by the City of Port Arthur. The stage will be delivered and picked up by the City. (g) SETAC shall be provided with sanitary portable toilets, shall be responsible for the site location of same, determining the number required, and providing a map for locations of said portable toilets. The City of Port Arthur will deliver, place and pick up the portable toilets. (h)The City of Port Arthur will provide, deliver, place and pick up the trash barrels. (i) SETAC shall be in charge of cleaning up the entertainment area. (j) SETAC shall coordinate and enforce contracts with all temporary concessions in the Carnival Des Cajuns entertainment area, and the City shall have the right to approve or disapprove said concessions after SETAC approval. (k) SETAC shall coordinate all Carnival Des Cajuns activities, and shall, when necessary, secure special approval of the City. SETAC shall submit a master plan to the City on or before April 6, 2015, of all activities to be undertaken as a part of the Carnival Des Cajuns 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. (I) SETAC shall obtain at its sole cost and expense, and cause to be kept in full force and effect at all times during the Carnival Des Cajuns 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 the liability from any such matters arising out of the Carnival Des Cajuns. 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 SETAC and indemnification of the City. The naming of the City, its officers, employees and agents as additional named insured in the policy shall not thereby cause them to be deemed partners of joint ventures with SETAC. 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 March 31, 2015, before the commencement of the Carnival Des Cajuns. The policy shall provide that it shall not be subject to cancellation; and in such case SETAC 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 SETAC's obligation under this section. (m) SETAC 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 judgement 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 suites 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 Carnival Des Cajuns, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Carnival Des Cajuns entertainment area. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with the Carnival Des Cajuns, said expenses to be reimbursed by SETAC. (a) Types and location of all temporary concession permits on public property within the Carnival Des Cajuns entertainment area shall be subject to the prior approval of SETAC. (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 SETAC has first approved or proposed same. (c) The City shall have the right of approval over all Carnival Des Cajuns activities occurring or taking place on City streets, alleys, and rights-of-way after SETAC has approved or proposed same. (d) The City must approve any and all firework displays or laser light shows being planned, after SETAC has first approved or proposed same. 4. Term. This agreement shall be in force and effect until April 15, 2015. 5. Termination. The City Manager, after consultation with the Chief of Police can terminate this agreement and the Carnival Des Cajuns celebration for security concerns. 6. Financial Reporting and Settlement of Expenses. SETAC and the City each agree to deliver to the other a report of its receipts and expenditures of the Carnival Des Cajuns within ninety(90) days after the conclusion of the Carnival Des Cajuns festivities for each year subject to the Agreement. SETAC 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 SETAC and used for the event. 7. Compliance with Laws. Both parties agree to mutually cooperate to enforce all laws and regulations relating to the Carnival Des Cajuns, 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 Carnival Des Cajuns 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 , 2015. CITY OF PORT ARTHUR,TEXAS Brian McDougal, City Manager ATTEST: Sherri Bellard, City Secretary SIGNED AND AGREED to on the day of , 2015. SOUTHEAST TEXAS ARTS COUNCIL By: Print Name: Title: ATTEST: Internal Revenue Service Department of the Treasury 0IstriCt 300 E. 8th St., Austin. Texas 75701 Director Person to Contact: South East Texas Arts Dolly E. Roe Council, Inc. Tetephone Number: P. 0. Box 3925 (512) 397-5310 Beaumont, TR 77704 Reler Reply to: RM:CS:S:der Date: NOV 0 1 1979 Gentlemen: In response to your request for verification of the exempt status of South East Texas Arts Council, Inc. , our records show the above organization was granted an exemption from Federal income tax under section 501(c) (3) of the Internal Revenue Code. This ruling is still in effect, and you may use this letter as your authority for claiming exempt status. Our letter of June 8, 1977, copy enclosed, classifies your organiza- tion as one that is not a private foundation as defined in section 509(a) (1) of the Internal Revenue Code. Sincerely, e P. Bond Chief, Technical Staff Enclosure: Letter dated 6/8/77 --- 3 -7 EXHIBIT "C" CERTIFICATE OF LIABILITY INSURANCE DATE ACo CERTIFICATE OF LIABILITY INSURANCE 3/26/20150 101:03PM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONIFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCER Sandra Zumbado PHONE {incurevents 0y (Ir0t)EESS support@insurevents.comnlc,No) 310-216-9534 5959 W. Century Boulevard, Suite 106 INSURERS)AFFORDING COVERAGE NAICi__ Los Angeles, CA 90045 INSURER A New Hampshire Insurance Co. INSURED 431906 Tel:(409)832-1621 Fax: INSURER B: Southeast Texas Arts Council INSURERC _ Sue Bard INSURER D: 700 North Street#1 INSURER E Beaumont, TX 77701 INSURER F COVERAGES CERTIFICATE NUMBER: 28662 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMMIDDIYYYY) {MM/DDIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S X X SEL017252678 04/10/15 04/15/15DAMAGE TO 1,000,000 A RENTED CLAIMS-MADE x OCCUR PREMISES(Ea occurrence) S 300,000 X Liquor Liability MED EXP(Any one person) S 5,000___._______.__ PERSONAL&ADV INJURY S 1,000,000 .. GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000_ X POLICY JECO1 LOC PRODUCTS-COMPlOP AGG S 14ODav_vOI�IIC� O OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 's (Ea accident) ANY AUTO AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED • AUTOS AUTOS BODILY INJURY(Per accident) S NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS S WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY YIN STATUTE -ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N IA _....... ._._-_ • (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE]S If yes,describe under — ---- DESCRIPTION OF OPERATIONS below E L.DISEASE•POLICY LIMIT I$ ACCIDENT MEDICAL N IA ACCIDENT MEDICAL ACC.DEATH/DISMEM. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule.may be attached it more space is required) EVENT: Cajun Festival EVENT DATE(S): 04/11/15 ADDITIONAL INSUREDS(if any):SEE ATTACHED ENDORSEMENT CERTIFICATE HOLDER CANCELLATION Tel: Fax: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Port Arthur ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Dept P. O. Box 1089 AUTHORIZED REPRESENTATIVE Port Arthur TX 77640 Vb`�z O ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Policy Number: SEL017252678 Insured:Southeast Texas Arts Council This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City Of Port Arthur Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0