HomeMy WebLinkAboutRes 2014-12-02 SEP - Christmas Parade.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-12-02
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND
AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND
GREATER ANNA CHAMBER OF COMMERCE FOR A SPECIAL EVENT PERMIT TO
SPONSOR A CHRISTMAS PARADE EVENT ON SATURDAY, DECEMBER 13T",
2014 ON POWELL PKWY, FOURTH STREET AND SHERLEY STREET.
WHEREAS, the Greater Anna Chamber of Commerce has submitted a Special Event
Permit application to conduct a Christmas Parade on Saturday, December 13th, 2014 on
Powell Pkwy, Fourth Street and Sherley Street; and
WHEREAS, the City of Anna Parks Board has reviewed the application and is
recommending that the City Council of the City of Anna, Texas (the "City Council")
approve the Special Event Permit; 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 9th day of December,
2014.
ATTEST:
�2�,
7v7lx��
Nat a WIIK!son, City Secretary �„r�i�rr;,r, Mayor, Mike Crist
OF
�J itl 9R 0 '
tl
_ X
°p
Res. 2014-12-02 Special Event Permit -Christmas Parade �r 11I1I N UI!li,�a,`
12-09-14
AGREEMENT FOR SPECIAL EVENT
This Agreement for Special Event ("Agreement") is made by and between the City of
Anna ("City"), and the Greater Anna Chamber of Commerce, Incorporated ("GACC')
entered into on this 9th day of December, 2014.
Section 1. Scope
According to Anna City Code Ordinances, Part II, Article 47, Section 4.04, the City enters
into this Agreement with GACC for use of Powell Parkway, 4th Street, Sherley Street and
surrounding area for the Christmas Parade.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall apply:
1. City shall mean the City of Anna, Texas.
2. GACC shall mean the Greater Anna Chamber of Commerce, Incorporated.
3. Christmas Parade (Parade) shall mean the community event sponsored by
the GACC and associated events and activities to take place in Anna, Texas
on December 13th, 2014.
4. Powell Parkway, 4th Street, Sherley Street and surrounding area.
5. City Hall Parking Area means the parking area located at 111 North Powell
Parkway.
6. Special Event means any event that operates wholly or partially within the
incorporated City limits and may require the use of or assistance from any
department or employee of the City, or the use of any City property.
Section 3. General Requirements
3.01 Terms of Special Event Agreement
The GACC has submitted a Special Event Permit application and sought authorization for
the special event from the City of Anna Parks Board subject to entering into this
agreement with the City. Said application is attached hereto as Exhibit 1.
Page 1 of 6
The Council authorizes the Special Event, subject to the following restrictions, for which
GACC will be responsible:
Parking Restrictions:
All parking for the event will be conducted on premises designed or adapted for parking.
Parking is to be prohibited on all public rights of way (shoulders, grass areas directly
adjoining roadways, etc.). Event staff, signage, barricades, or a combination thereof,
must be utilized to keep patrons from parking in rights of way.
If parking areas are full, Event staff must be in place to direct vehicles to open parking
areas.
Vehicles on City/Park Property:
Except for designated parking areas and other designated areas approved by the
Director of Public Works, motor vehicles are prohibited from driving on City/Park
property, except on designated paved parking areas and except as otherwise stated in
this paragraph. At the discretion of the Director of Public Works motor vehicles may be
allowed on some turf areas to deliver equipment but must be immediately removed
when the delivery is complete. The City may prohibit any vehicle or trailer from driving
on turf areas if in the opinion of the Director of Public Works the ground is too wet to
support the weight of the vehicle. Except for small utility vehicles approved by the
Director of Public Works, all motor vehicles are expressly prohibited from driving on or
crossing the concrete walking trails.
The applicant will ensure that all event participants observe these rules and will be
responsible for paying for any damages to property caused by vehicles driven by
participants of this event.
Vendors and other Participants:
Vendors and other persons or businesses providing entertainment or activities for the
event may only locate on designated areas of the park that have been approved by the
Director of Public Works.
Section 4. Fees
GACC represents that it has submitted a nonrefundable permit application fee in the
amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar deposit, and
will pay for any additional actual costs incurred by the City in reviewing such application
that exceeds said amount.
Page 2 of 6
Section 5. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other
costs required for the Parade and to fulfill this Agreement.
The GACC must comply with all federal and state laws, and local ordinances while
organizing and participating in the Parade.
Section 6. 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
Parade (the "Work"), 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 undertake, conduct, or complete any
of the Work. There shall be no joint control over the Work. 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 Work. 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.
Section 7. Insurance
GACC shall procure and maintain for the duration of this Agreement and the Special
Events insurance to cover claims for injuries to persons or damages to property, which
may arise from or in conjunction with the performance of the Work or in any way
related to the GACC's undertakings performed in connection with the Parade, including
but not limited to coverage for GACC, its agents, representatives, employees, or
subcontractors and Special Event participants, attendees and spectators. The insurance
policy must be a Commercial General Liability Insurance Policy with combined single
limits of liability for bodily injury and property damage of not less than $500,000 for
each occurrence if the estimated attendance of the Special Event is up to a total of
4,999 persons, and $1,000,000 for each occurrence if the estimated attendance is a
total of 5,000 persons or more. Failure of the GACC to maintain the required coverage
is a breach of this Agreement and shall not relieve GACC of any other 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
Page 3 of 6
way prior to 30 days written notice being given to the City. A copy of a certificate of
insurance shall be filed with the City's Secretary.
Section 8. Amendment; Termination
This Agreement may not be amended or terminated except pursuant to a written
instrument signed by both parties.
Section 9. 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
Natha Wilkison, City Secretary
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
GACC
Connie Christensen, GACC President
807 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 10. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to the City
under Texas law. The provisions of this paragraph 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 11. 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. This Agreement may be amended only by written instrument signed by
both parties.
Section 12. 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
Page 4 of 6
brought in a court of competent jurisdiction in Collin County, Texas or in the United
States District Court for the Eastern District of Texas, Sherman Division.
Section 13. 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 14. 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 15. Force Majeure
If a party is prevented or delayed from performing any of its obligations 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 16. 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 17. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance of
this Agreement shall begin as soon thereafter as practicable.
IN WITNESS WHEREOF, City and GACC have executed this Agreement.
Page 5 of 6
L�
Connie Christensen, GACC President Philip Sanders
Greater Anna Chamber of Commerce City Manager
Page 6 of 6