HomeMy WebLinkAboutRES 19-185RESOLUTION NO. 19-185
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
Agreement between the City of Beaumont and Texas Mardi Gras of Southeast Texas,
Inc. for the City of Beaumont to serve as the host city for Mardi Gras activities. The
Memorandum of Agreement is substantially in the form attached hereto as Exhibit "A"
and made a part hereof for all purposes.
r
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
August, 2019.
!l%5lJt'IF
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'' Mayor
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF BEAUMONT, TEXAS
AND
MARDI GRAS OF SOUTHEAST TEXAS, INC.
THIS AGREEMENT, is made by and between the City of Beaumont, Texas ("City") and Mardi Gras of South
East Texas, Inc. ("MGSET").
WITNESSETH:
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 the years this agreement is in effect:
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 coordinate and schedule all public
Mardi Gras events and functions described in this agreement.
2. Duties of MGSET. MGSET does hereby agree to be responsible for the following activities in connection
with Mardi Gras, at its expense:
a) MGSET shall coordinate all Mardi Gras activities, and shall, when necessary, secure special
approval of the City or its authorized representatives. MGSET shall submit annually 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. The master plan as approved by the City Manager or
his designee shall be and become a part of this agreement by reference.
EXHIBIT "A"
b) 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 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 ($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 period, 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 as required shall not thereby cause them to be deemed partners or joint
ventures' with MGSET. The policy 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 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.
c) MGSET shall secure, maintain and provide to the City of Beaumont a valid license to sell alcoholic
beverages issued by the Texas Alcoholic Beverage Commission to sell alcoholic beverages in the
designated areas during the Mardi Gras Festival. Any notice of cancellation or violation of any required
license shall be provided to the City within twenty-four (24) hours of being notified of same by the T.A.B.C.
d) MGSET does covenant and agree to indemnify and to save and hold harmless the City of Beaumont,
its agents, officers and employees, and any persons from the following:
i. Any and all claims, actions, suits and liability for damages to any person for personal injuries
or personal injuries resulting in death due to the acts or omissions of MGSET, its agents or
employees occasioned by or in connection with the performance of services pursuant to this
agreement caused by any source whatsoever, expressly including claims arising from the alleged
negligence of the city, its officers or employees; and,
ii. All expenses incurred or associated with any such claims, actions, suits or liability including
but not limited to attorney's fees or judgments resulting therefrom; and
iii. Upon the option of the City, the duty to defend itself against any such claims, actions or
suits, whether groundless or otherwise; should it become necessary for City to hire an attorney to
defend against any claim, action, or suit, MGSET shall be responsible for all attorney's fees and
expenses associated therewith; and,
iv. 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 bleachers, stages, shelters, viewing stands or other
types of structures on the Mardi Gras Grounds or parade routes'.
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 covered by the $3 per admission ticket sold as agreed
to be paid by MGSET.
a) The City shall be in charge of the Command Center which will be used as an information or
communication center for the entire duration of the Mardi Gras festivities. The command center
will include representatives from City police, fire, EMS and health department.
b) The City will make available at no cost such venues as the Great Lawn, the Jefferson Theatre,
Julie Rogers Theatre, Civic Center and Event Center if the use of said venues become
necessary.
4. Use of Property as Carnival Site. The City authorizes MGSET to utilize the property as described in the
Master Plan subject to the condition that said property shall be returned to the same condition it was in
prior to use for Mardi Gras purposes.
5. Term and Termination. This Agreement shall be in force and effect for a period of five (5) years from the
date of execution. This agreement may be terminated by either party by giving sixty (60) days advance written
notice to the other party.
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 comply with all laws and regulations
relating to Mardi Gras, including but not limited to the regulations of the City of Beaumont Code of Ordinances.
8. Amendments. This agreement constitutes the sole and entire agreement of the parties with respect to the
subject matter hereof and supersedes any prior understandings or written or oral agreements between the
parties respecting such subject matter. 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
City of Beaumont, Texas
By:
City Manager
ATTEST:
Tina Broussard
, 2019.
SIGNED AND AGREED TO on the day of , 2019.
MARDI GRAS OF SOUTHEAST TEXAS, INC.
in
Laurie Childress, President
/4
Mardj*.,QNi&s
February 20 — 23, 2020
Downtown Beaumont
SCHEDULE AND FEES
*Additional ticket fees may be incurred for special events (i.e. Jefferson Theatre, Event Centre, etc.)
*11 years of age and under free — no charge
*Additional discounts for active military and first responders
PARADES
2/20/20
DATE
OPEN
CLOSE
GATE
2/20/20
Thursday
5:00 PM
10:00 PM
$10.00
2/21/20
Friday
6:00 PM
12:00 AM
$15.00
2/22/20
Saturday
12:00 PM
12:00 AM
$15.00
2/23/20
Sunday
12:00 PM
8:00 PM
$10.00
*Additional ticket fees may be incurred for special events (i.e. Jefferson Theatre, Event Centre, etc.)
*11 years of age and under free — no charge
*Additional discounts for active military and first responders
PARADES
2/20/20
Thursday
6:00 PM
Kick Off Parade
2/21/20
Friday
7:00 PM
Golf Cart and AN Parade
2/21/20
Friday
7:20 PM
Krewe of Krewe Parade
2/22/20
Saturday
2:00 PM
Krewes Royalty March Parade (Walking)
2/22/20
Saturday
5:30 PM
Motorcycle Showcase Parade
2/22/20
Saturday
6:00 PM
Krewe of Aurora Parade
2/23/20
Sunday
2:00 PM
Umbrella Brigade Parade (Walking)
2/23/20
Sunday
3:00 PM
Munchkin Parade (Walking)
2/23/20
Sunday
4:00 PM
Motor Parade
• Parade routes enclosed.
• Location of activities enclosed.
• Complimentary tickets will not be charged a facility fee. If additional areas are to be utilized for
entertainment (i.e. Jefferson Theatre) MGSET will negotiate with the city and/or promoter.
0 Liability insurance will be provided as defined in the agreement.
1. Duties of MGSET:
a) MGSET is hereby responsible for coordinating all parades, participants, and vendor activities
conducted on public lands and streets within the Grounds during the Mardi Gras period, including but
not limited to vendor fees, hours of operation, location, products, costuming, booth design, electricity,
and water.
b) MGSET will provide approved vendor information to the City for permit purposes.
c) MGSET is responsible for vendor permit fees for temporary concessions ($220 per day)
d) MGSET shall arrange for fencing for the Grounds and the area which MGSET intends to fence shall
be approved by the City Manager or his designee.
e) MGSET shall be responsible for entertainment stages in the Grounds.
f) MGSET shall provide portable toilets in the Grounds.
g) MGSET shall be in charge of cleanup of the Grounds.
h) MGSET shall be responsible for all advertising, promotions and marketing.
i) MGSET shall coordinate and be in charge of all sponsorships and sponsor agreements.
j) MGSET shall follow all City ordinances and guidelines for sign postings, banners and advertisements.
k) MGSET shall obtain approval for any and all firework displays or laser light shows.
1) MGSET shall obtain City approval for the street closure for Mardi Gras festivities, as outlined in
Section 20.06.034 Beaumont Code of Ordinances.
2. Duties of City of Beaumont:
a) 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.
b) The City will provide assistance with marketing and promotions.
C) The City will provide guidance related to event planning, set up, tear down, cleanup and
logistics.
d) The City will provide fencing and barricades as available.
e) The City. shall be in charge of the Command Center which will be used as an information or
communication center for the entire duration of Mardi Gras festivities. The command center will include
representatives from City police, fire, EMS and health department.
f)The City will make available at no cost such venues as the Great Lawn, Jefferson Theatre, Julie
Rogers Theatre, Civic Center and the Event Centre if the use of said venues become necessary.
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