HomeMy WebLinkAboutPR 19206: ESTABLISHING THE MARDI GRAS ENTERTINMENT AREA FOR 2016 C 'Of � � J,L�`11
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INTEROFFICE MEMORANDUM
Department of Development Services
Division of Planning and Zoning
Date: October 29, 2015
To: Brian McDougal, City Manager
Mayor and City Council
From: Ronald Burton, Director of Development Services ��y
RE: P.R. No. 19206—Mardi Gras Special Event 2016
Nature of the request:
Attached is P.R. NO. 19206 authorizing the execution of an agreement with Mardi
Gras of Southeast Texas for the following:
• Designating and establishing the Mardi Gras entertainment area for 2016;
• 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.
Staff Analysis/Considerations:
The City of Port Arthur has worked with the Mardi Gras of Southeast Texas
(MGSET) since 1991. There are approximately seventeen (17) member
organizations the make-up the group.
Chapter 90 of the City of Port Arthur Code of Ordinances established rules
and procedures for festivals, including the Mardi Gras Special Event.
MGSET has served as the exclusive concessionaire since 1991.
Recommendation:
It is recommended that City Council authorize the City Manager to execute and
agreement with Mardi Gras of Southeast Texas which includes the duties and
responsibilities of all vested parties, as well as:
• Designate and establish the entertainment area for the 2016 Mardi
Gras celebration; and,
• Designate Mardi Gras of Southeast Texas as the exclusive
concessionaire for the event.
Budget Consideration:
None
"Remember we are here to serve the Citizens of Port Arthur"
P.O.BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743
P.R.NO.19206
10/29/2015 PDL
PAGE 1 OF 15
RESOLUTION NO.
A RESOLUTION DESIGNATING AND ESTABLISHING THE
MARDI GRAS ENTERTAINMENT AREA FOR 2016,
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 Retail Merchants Association
Christus Hospital Foundation Sacred Heart Catholic Church
Golden Triangle Cajun Club St. Catherine Catholic Church
Knights of Peter Claver#18 St. Catherine PTO
Knights of Peter Claver#182 St.James Catholic Church
Lindley Foundation St.John Catholic Church
Port Arthur Chamber of Commerce St.Joseph Catholic Church
Port Arthur Evening Sertoma South Jefferson County Center
Port Arthur Noon Sertoma; 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,
P.R.NO.19206
10/29/2015 PDL
PAGE 2 OF 15
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 2016 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 2016.
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 November, A.D., 2015, 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
P.R NO.19206
10/29/2015 PDL
PAGE 3 OF 15
ATTEST:
Sherri Bellard,City Secretary
APPROVED AS TO FORM:
fi
v\il
cia •'al' iz: , City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
A44fy''
Ronald Burton,Dir: tor of Development Services
P.R.NO.19206
10/29/2015 PDL
PAGE 4 OF 15
EXHIBIT "A"
P.R.NO.19206
10/29/2015 PDL
PAGE 5 OF 15
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P.R.NO.19206
10/29/2015 PDL
PAGE 6 OF 15
EXHIBIT "B"
P.R.NO.19206
10/29/2015 PDL
PAGE 7 OF 15
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 defming 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 2016:
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 2016, 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.
P.R.NO.19206
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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 4, 2016,
5:00 p.m. to 10:00 p.m., to cover additional expenses such as entertainment. The
events will be held on Friday, February 5, 2016, 6:00 p.m. — 1:00 a.m., admission
$15.00; Saturday, February 6, 2016, 1:00 p.m.— 1:00 a.m., admission$15.00, and
Sunday, February 7, 2016, 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-subsection(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
P.R.NO.19206
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PAGE 9 OF 15
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.
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.
j) 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.
1) 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.
P.R.NO.19206
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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,
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,
P.R.NO.19206
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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 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.
P.R.NO.19206
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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, 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.
P.R.NO.19206
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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.
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.
P.R.NO.19206
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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 31,2016.
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
90-134 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.
P.R.NO.19206
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PAGE 15 OF 15
ATTEST:
Deloris"Bobbie"Prince, Mayor
SIGNED AND AGREED TO on the day of ,2015.
CITY OF PORT ARTHUR,TEXAS
By:
Brian McDougal,City Manager
ATTEST:
Sherri Bellard,City Secretary
SIGNED AND AGREED TO on the day of ,2015.
MARDI GRAS OF SOUTHEAST TEXAS,INC.
By:
Laura Childress,President