HomeMy WebLinkAboutRes 2014-05-10 SEP GACC 4th of July Fireworks.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-05-10
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT
PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE FOR
4th of JULY FIREWORK DISPLAY AT ANNA MIDDLE SCHOOL FOOTBALL
STADIUM
WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has
submitted a Special Event Permit application to conduct a 4 TH of July Fireworks
Display on Thursday, July 4th; 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 purposes 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:
g ofti
// /A 7�4
N ha Wilkison, City Secretary +ir,Mayor, Mike Crist
O F
p
rte/ � •' ^ .a �j �,1
ittUll.
Res. 2014-05-10 GACC Special Event Permit — 4ch of July Fireworks 1 05-27-14
AGREEMENT
This Agreement (the "Agreement") is made by and between the City of Anna,
Texas ("City"), and the Greater Anna Chamber of Commerce ("GACC") and is
entered into on this 27th day of May, 2014,
Section 1. Summary
A Fireworks Display to be held inside the City's corporate limits at the Anna
Middle School Football Field on July 4t", 2014, 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.
GACC shall mean the Greater Anna Chamber of Commerce, Incorporated.
Fireworks Display shall mean a pyrotechnics display—properly and timely
permitted by the Fire Marshal under The Anna City Code Part II, Article 21,
Section 4.04 (or other applicable provisions) --to be held inside the City's
corporate limits on July 4, 2014 for the purpose of public entertainment and for
the purposes stated in the resolution adopted by the City approving of this
Agreement.
Section 3. General Requirements
The Fireworks Display must be held within the City's corporate limits at a location
approved by the Fire Marshal.
The Fireworks Display must be open to the public without any charge.
In written advertisements publicizing the Fireworks Display, the GACC will
include the following language: "This Fireworks Display is specially permitted
under the Anna City Code Part II, Article 21, Section 4.04. Possession of or use
of fireworks within City limits and within 5,000 feet of City limits without a written
permit granted by the Fire Marshal is a violation of law carrying fines for
violations of up to $2,000."
Section 4. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or
any other costs required for the Fireworks Display and to fulfill this Agreement.
The GACC must comply with all federal and state laws, and local ordinances while
organizing and participating in the Fireworks Display.
Res, 2014-05-10 GACC Special Event Permit — 41h of July Fireworks 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 GACC relating in any
way to the GACC's undertaking, promoting, operating, and performance of any
other activity related to the Fireworks Display 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 Fireworks Display. There shall be no joint control over the
Fireworks Display. The GACC agrees to fully defend, indemnify and hold
harmless 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 Fireworks Display. 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, GACC 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 Fireworks Display 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 GACC'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
FIREWORKS DISPLAY 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
GACC 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 Fireworks
Display or in any way related to the GACC's undertakings performed in
connection with the Fireworks Display, including but not limited to coverage for
GACC, 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
GACC to maintain adequate insurance coverage at all times, and to require that
each contractor, vendor, or other participant in the Fireworks Display does
likewise. Failure of the GACC to maintain adequate coverage shall not relieve the
GACC 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
Res. 2014-05-10 GACC Special Event Permit — 4`h of July Fireworks 1 05-27-14
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 GACC with the City Secretary. Proof of
adequate coverage must be provided to the City as soon as practicable after this
Agreement becomes effective, and GACC 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 of Anna
111 N. Powell Parkway
Anna, Texas 75409
GACC
Sara Cox, GACC President
P.O. Box 1256
807 South Interurban 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 GACC and supersedes all prior negotiations, representations and/or
agreements, either written or oral with respect to the Fireworks Display.
Res. 2014-05-10 GACC Special Event Permit — 4`h of July Fireworks 1 05-27-14
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.
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 party 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. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of
the rights and duties under the terms of this Agreement without the prior written
approval of the City.
Section 16. Effective ®ate
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.
Res. 2014-05-10 GACC Special Event Permit — 4`h of July Fireworks 1 05-27-14
SIGNATURES:
Greater Anna Chamber of Commerce, City of Anna, Texas
Incorporated
By:
Sara Cox, its President Philip Sanders, City Manager
Res. 2014-05-10 GACC Special Event Permit — 4`" of July Fireworks 1 05-27-14