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Home My WebLink AboutRes 2014-05-09 SEP Community Festival and Crank-off.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-05-09 RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND DADDY REX TWISTED BBQ FOR A SPECIAL EVENT PERMIT TO SPONSOR A COMMUNITY FESTIVAL & CRANK -OFF EVENT ON SATURDAY, JUNE 14, 2014 ON INTERURBAN (2ND STREET TO 4TH STREET). WHEREAS, the Daddy Rex Twisted BBQ has submitted a Special Event Permit application to conduct a Community Festival & Crank -Off event on Saturday, June 14, 2014 on Saturdays June 14th, 2014 on Interurban (2❑d Street to 4th Street) and: WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the "Agreement) incorporating the terms and conditions of said permit; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposed as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit and authorizes the City Manager to execute and sign the Special Event Agreement attached hereto as Exhibit 1. PASSED by the City Council of the City of Anna, Texas, on this 27th day of May, 2014 ATTEST: APPROVED: �r��utuli�rrCIZ Naka Wilkison, City Secretary �.�`;�`t .�,tayor, Mike Crist P l Res. 2014-05-09 Special Event Permit— Communit}�tivi r ff Page 1 05-27-14 ��`t�il!I!I Y AGREEMENT This Agreement (this "Agreement") is made by and between the City of Anna, Texas ("City"), Daddy Rex's Twisted Barbeque ("DRTB") and is entered into on this 27th day of May. 2014. Section 1. Summary Daddy Rex's Twisted Barbecue will be conducting a Community Festival & Crank -Off event on Saturday, June 14, 2014 on Interurban Street (2m Street to 0 Street), in accordance with the provisions of this Agreement. Section 2. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: City shall mean the City of Anna, Texas. DRTB shall mean Daddy Rex's Twisted Barbeque. Section 3. General Requirements The Summer Night Concert Series will be limited to Interurban Street (2nd Street to 4" Street.). DRTB will provide to provide at a minimum an insurance policy of $1,000,000 naming the City as an additional insured and a copy of the Certificate of Insurance will be submitted to City Hall one week before the event start date. DRTB will provide traffic cones acceptable to the Anna Police Department to block off Interurban Street (2nd Street to 0 Street). All building codes shall be adhered to. Any violation of the terms and conditions of this Permit may result in the immediate revocation of this Permit and the imposition of fines as allowed under Ord. No. 601-2012. DRTB as the organizer of this Event, you and all invited guests are required to observe the Noise Regulations outlined in Part 11, Article 29, Section 1 (Noise Regulations) of the Anna City Code of Ordinances. Section 4. Licenses and Permits The DRTB shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Summer Music Might events and to fulfill this Agreement. The DRIB must comply with all federal and state laws, and local ordi rmces while organizing and participating in the Community Festival & Ice Cream Crank Offevent Res. 2014-05-09 Special Event Permit — Community Festival & Crank -Off Page 1 05-27-14 Section 5. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the DRTB relating in any way to the DRTB's undertaking, promoting, operating, and peifotmance of any other activity related to the Summer Music Night events including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to conduct the Summer Music Night events. There shall be no joint control over the Summer Music Night events. The DRTB agrees to fully defend, indemnify and hold halrnless the City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of associated or in connection with the Summer Music Night events. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, DRIB waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. It is expressly understood and agreed that any participation in the presentation of or conducting of the Summer Music Night events by any City Official or City employee is not authorized by the City and shall not be authorized by the City, unless such authorization is by written agreement, duly adopted by the City. THE DRTB's DUTIES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY EXPRESSLY APPLY EVEN IF A CLAIM, PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR GROWING OUT OF, OR ASSOCIATED IN ANY WAY WITH THE SUMMER NIGHT CONCERT SERIFS EVENTS IS CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY CITY OFFICIAL OR EMPLOYEE. THE OBLIGATIONS UNDER THIS SECTION 5 OF THIS AGREEMENT SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. Section 6. Insurance DRTB shall procure and maintain for the duration of the contract insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the presentation of or conducting of the Community Festival & Ice Cream Crank -Off event or in any way related to the DRTB's undertakings performed In connection with the Community Festival & Ice Cream Crank -Off event, including but not limited to coverage for DRIB, its agents, representatives, employees, subcontractors, volunteers, and other participants. The form, coverage and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the City and the Fire Marshal but regardless of such acceptance it shall be the responsibility of the DRTB to maintain adequate insurance coverage at all times, and to require that each contractor, vendor, or other participant in the Community Festival & Ice Cream Crank -Off event does likewise. Failure of the DRTB to maintain adequate coverage shall not relieve the DRTB of any contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the City. A copy of each policy, or at the City's discretion, a certificate of insurance, shall be filed by DRTB with the City Secretary. Proof of adequate coverage must be provided to the City as soon as practicable after this Agreement Res. 2014-05-09 Special Event Permit — Community Festival & Crank -Off Page 1 05-27-14 becomes effective, and DRTB is encouraged to discuss the limits and types of coverage that will be acceptable to the City and Fire Marshal before submitting such proof to the City to reduce the potential that the City or Fire Marshal rejects same as insufficient. Section 7. Amendment This Agreement may not be amended except pursuant to a written instrument signed by both parties. Section 8. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Philip Sanders, City Manager City ofAnna 111 N. Powell Parkway Anna, Texas 75409 Daddy Rex's Twisted BBQ Karen Ahrens 121 W Fourth Street Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. Section 9. No Waiver of Immunity; No Third -Party Beneficiaries Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this Agreement are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 10. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and DRTB and supersedes all prior negotiations, representations and/or agreements, either written or oral with respect to the Summer Night Concert Series events. Section 11. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas. Section 12. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Res. 2014-05-09 Special Event Perniit— Community Festival & Crank -Off Page 1 05-27-14 Section 13. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof; be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 14. Force Majeure If a patty is prevented or delayed from performing any of its obligation hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 15. Assignilnent It is understood and agreed that DRTB shall not assign, sublet; or transfer any of the rights and duties under the teems of this Agreement without the prior written approval of the City. Section 16. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable, or as specified herein. SIGNATURES: Lo Karen Ahrens, Part Owner City of Anna, Texas Philip Sanders, City Manager Res. 2014-05-09 Special Event Permit— Community Festival & Crank -Off Page 1 05-27-14 FOURTH STREET STREET FIFTH STREET r w w ry I- U) U) z tD cD ry MI 11 L