HomeMy WebLinkAboutRes 2015-06-06 july 4th special event permit.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2015-06-06
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 4" of JULY FIREWORK DISPLAY AT
ANNA HIGH SCHOOL
WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has submitted a
Special Event Permit application to conduct a 4T" of July Fireworks Display on Saturday,
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 23rd, day of June, 2015.
ATTEST: 'PPRO71t
Mirenda McQuagge-Walden Mayor, Mike Crist
Acting City Secretary o��trriih��/�
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City of Anna Resolution No. 2015-06-06 Page 1 of 6
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 23th day of June, 2015.
Section 1. Summary
A Fireworks Display to be held inside the City's corporate limits at the Anna High School
on July 41h, 2015, 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, 2015 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.
City of Anna Resolution No. 2015-06-06 Page 2 of 6
The GACC must comply with all federal and state laws, and local ordinances while
organizing and participating in the Fireworks Display.
Section S. 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
City of Anna Resolution No. 2015-06-06 Page 3 of 6
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 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.
City of Anna Resolution No. 2015-06-06 Page 4 of 6
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.
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.
City of Anna Resolution No. 2015-06-06 Page 5 of 6
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 Date
This Agreement shall be effective upon
performance of such Agreement shall begin
as specified herein.
SIGNATURES:
Greater Anna Chamber of Commerce,
Incorporated
,� ✓
By: ,
air 'Cox, its President
the date first stated herein, and
as soon thereafter as practicable, or
City of Anna, Texas
'Philip Sanders, Offy Manager