HomeMy WebLinkAboutRES 07-037 RESOLUTION NO. 07-037
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding,substantially in the form attached hereto as Exhibit"A,"with Crockett Street
Entertainment, Mardi Gras on the Neches, Inc. and Parades Unlimited for Mardi Gras
activities in Beaumont from February 15 - February 18, 2007.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
January, 2007.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF BEAUMONT, TEXAS,
CROCKETT STREET ENTERTAINMENT,
MARDI GRAS ON THE NECHES, INC. AND
PARADES UNLIMITED
THIS AGREEMENT is made by and between the City of Beaumont, Texas ("City"),
Parades Unlimited, Inc., and Crockett Street Entertainment by and through Mardi Gras on
the Neches, Inc. ("MGN").
WITNESSETH :
WHEREAS, Crockett Street Entertainment, MGN and Parades Unlimited are
desirous of having a three (3) day celebration of Mardi Gras in Beaumont; and,
III WHEREAS, the City, Crockett Street Entertainment, MGN and Parades Unlimited
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, Crockett Street
Entertainment, MGN and Parades Unlimited enter into the Agreement regarding said Mardi
Gras activities scheduled for 2007.
1. General Provisions. During the Mardi Gras period February 15th- February
18t", 2007, MGN and Parades Unlimited shall, as the responsible parties, coordinate and
schedule their respective public Mardi Gras events and functions.
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EXHIBIT "A"
2. Duties of MGN and Parades Unlimited. MGN and Parades Unlimited do
hereby agree to be responsible for the following activities in connection with Mardi Gras
2007, at its expense with certain income or revenues associated therewith:
(a) MGN shall identify the area for such Mardi Gras celebration activities
subject to the approval and designation of the City Manager or his designee(s).
This area shall include a general "Entertainment Area" and a "Children's
Amusement Area." These areas are shown on the attached Exhibit "A." 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.
Parades Unlimited shall identify the parade route subject to the
approval of the City Manager or his designee(s). This route is shown on the
attached Exhibit "B." The City is to also be provided with a schedule of parade
times and a description of the manner in which the parade is to be conducted.
(b) MGN is hereby appointed to coordinate all vendor activities conducted
on public lands and streets within the Entertainment and Children's Amusement
Areas during the Mardi Gras period giving special attention to the hours of
operation, location, products, costuming, booth design and vendor permit fees.
Vendors within the Entertainment Area must obtain permission from MGN before
obtaining a vendor permit from the City if one is required. MGN shall use its best
efforts to avoid locating a temporary vendor beneath a window from which beads,
doubloons or other trinkets are thrown.
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(c) MGN and Parades Unlimited shall obtain approval for any street
closure for Mardi Gras festivities as outlined in Section 26-91 of the Beaumont Code
of Ordinances.
(d) MGN agrees to arrange for fencing for the Entertainment and
Children's Amusement Areas and the areas which MGN intends to fence shall be
approved by the City. MGN 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 appropriate signage to the entrance
gates. MGN agrees to contact the Fire Chief/Fire Marshal to determine the proper
location for emergency gates.
(e) MGN is responsible for arranging for the Entertainment Area
performers, workers and entertainers, ticket sales to the Entertainment Area, and
obtaining clearances and approval from the City Manager or his designee when
required to accomplish particular tasks. MGN shall be entitled to all revenues
except as otherwise herein expressly provided from the Entertainment and
Children's Amusement Areas.
(f) MGN shall be responsible for the platform stages in the Entertainment
Area, including constructing, erecting and putting up the stages and taking them
down after the festival, and arranging for necessary permission from private
property owners or lessees for locations used by MGN for its events.
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(g) MGN shall provide sufficient sanitary port-a-cans(portable toilets),and
shall be responsible for the site location of same, determining the number required,
and providing a map for locations of said port-a-cans.
(h) MGN and Parades Unlimited shall provide trash barrels in the Mardi
Gras Entertainment and Children's Amusement Areas and along the parade route.
(i) MGN shall be responsible for decorating the streets and the street
lights as approved by the City.
0) MGN shall be responsible for the cleanup of the Mardi Gras
Entertainment Area including all fenced areas. Parades Unlimited shall be
responsible for cleanup of all private areas and all areas along the parade route.
The City shall clean up trash in the streets and public rights of way.
(k) The City of Beaumont reserves the right to determine the number of
onsite EMS and police personnel to be used for adequate security. Parades
Unlimited and MGN shall be responsible for all expenses related to police
personnel.
(1) Parades Unlimited and MGN shall obtain, at their 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
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matters arising out of the Mardi Gras festival and parade. The policies must be
endorsed to state that the coverage extended to the City of Beaumont, its officers,
employees and agents, is to be primary irrespective of any other primary insurance
coverage maintained by the City of Beaumont. The limits of coverage under the
policy shall be a minimum of One Million Dollars ($1,000,000.00) 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 MGN and indemnification of the City. Parades Unlimited and MGN
shall also, at their sole cost and expense, obtain and cause to be kept in full force
and effect at all time during the Mardi Gras festival, where applicable, 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 Dollars ($1,000,000.00). 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 MGN and Parades Unlimited. The policies shall be
performable in Beaumont, 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 Friday,
February 9, 2007. 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
GARMMAGREEMENTS\MARDI GRAS.WPD
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ten (10) days prior to the effective date of cancellation; and, in such case, MGN
and/or Parades Unlimited 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 MGN's or
Parade Unlimited'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 MGN to sell alcoholic beverages during the
Mardi Gras Festival.
(m) MGN shall provide the City Manager with an appropriate valid license
to sell alcoholic beverages within the Entertainment Area as issued by the Texas
Alcoholic Beverage Commission no later than Friday, February 9, 2007.
(n) Crockett Street Entertainment, MGN and Parades Unlimited 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 liabilities, losses, damages, costs, charges and
other expenses of every kind and character, any of which for any reason
whatsoever that may arise out of or be attributable, directly or indirectly, to
the occurrence of the Mardi Gras Festival or parade, or the construction,
maintenance, existence, operation, repair or removal of any bench, stage,
shelter or other type of structure on the Mardi Gras Entertainment Area,
Children's Amusement Area or parade route; and
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(ii) Any judgment resulting therefrom and expenses connected with
any such claims, actions or suits aforementioned including, but not limited to,
attorney's fees; and
(iii) Upon the option of the City, the duty to defend against any
such claims, actions or suits, whether groundless or otherwise.
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 MGN
and/or Parades Unlimited:
(a) The City agrees to coordinate with MGN, Parades Unlimited, 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, BleacherArea,
Stage Area, etc.) as well as coordinate all traffic to and from and around the Parade
Area. The adequacy and number of security officers and emergency medical
services during the times of the events shall be determined by the City of
Beaumont. Once any parade begins, the City, MGN and Parades Unlimited 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. MGN and Parades
Unlimited shall be responsible for the costs associated with the installation of
barricades.
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(c) The City shall issue all temporary concessions permits along the
Parade Route in properly zoned areas.
(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 and within the Mardi Gras Entertainment Area or along the parade route after
MGN or Parades Unlimited has first approved or proposed same.
(e) 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 within the
Entertainment Area after MGN has approved or proposed same.
4. Compliance with Laws. MGN and Parades Unlimited shall comply with all
laws of the United States, and of the State of Texas, all ordinances of the City of
Beaumont, and all rules and requirements of the Police and Fire Departments, or
other municipal authorities of the City of Beaumont and will obtain and pay for all
necessary permits and licenses, and will not do nor suffer to be done anything on
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said premises during the term of this agreement in violation of any such laws,
regulations or ordinances on the part of MGN or Parades Unlimited, or of any
person employed by or admitted to the said premises by MGN or Parades
Unlimited. MGN and Parades Unlimited will immediately desist from and correct
such violation. Continued uncorrected violations brought to the attention of MGN
or Parades Unlimited will result in immediate termination of the function in breach
of this agreement.
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6. 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 12007.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
City Secretary
CROCKETT STREET ENTERTAINMENT
By:
Jeff McCarson
ATTEST:
MARDI GRAS ON THE NECHES, INC.
By:
Art Hanson
ATTEST:
PARADES UNLIMITED, INC.
By:
Mark Stratton
ATTEST-.
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