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HomeMy WebLinkAboutRes 2017-09-356 Glowfest - signedCITY OF ANNA, TEXAS RESOLUTION NO.a()l17- a 9 .-- E �, RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE FOR THE 2017 "GLOW FEST" AT SLAYTER CREEK PARK WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has submitted a Special Event Permit application to conduct a community event known as "Glow Fest" at Slayter Creek Park on Saturday, October 28th; and WHEREAS, in the event of inclement weather on October 28th the alternate date will be November 4th; 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 application for the 2017 Glowfest at Slayter Creek Park, and the Special Event Agreement attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the City Manager to execute same on its behalf. The City Manager is further authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 12th day of September, 2017. � ATTEST: A,``��i�, * U I"'PRO D- City Secretary Carrie L. Smith = fyor Mike Crist EXHIBIT 'I 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 ("GACC") entered into on this 12th day of September 2017. Section 1. Scope According to Anna City Code Ordinances, Part II, Article 47, the City enters this Agreement with GACC for use of Public Park Property for the Anna Glow Fest. 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 of the City of Anna, Texas. Anna Glow Fest shall mean the community event sponsored by the GACC and associated events and activities to take place in Anna, Texas on October 28th, 2017 with an alternate date being November 4th, 2017. Public Park Property shall mean the pavilion, parking lot and surrounding property of Slayter Creek Park, and the Slayter Creek Trail system. Special Event means any event that operates wholly or partially within the incorporated City limit's 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 3.07 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 A. The Council authorizes the Special Event, subject to the following restrictions: 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 Park Property: Except for designated parking areas and other designated areas approved by the Director of Planning and Development, motor vehicles are prohibited from driving on Park properly. At the discretion of the Director of Planning and Development 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 Planning and Development the ground is too wet to support the weight of the vehicle. Except for small utility vehicles approved by the Director of Planning and Development, 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 park 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 Planning and Development. 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 of Anna in reviewing such application that exceeds said amount. Section a. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Anna Glow Fest and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Anna Glow Fest. Section f. 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 Anna Glow Fest (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 complete any 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 T. 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 performance of the Work or in any way related to the GACC's undertakings performed in connection with the Anna Glow Fest, 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 contract and shall not relieve the 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 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 Carrie L Smith, City Secretary City of Anna 111 N. Powell Parkway Anna, Texas 75409 GACC Kevin Hall, Executive Director 218 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 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 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 Craving 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 such Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, City and GACC have executed this Agreement. By: _ � 4-�� Kevin I Greater Anna Chamber of Commerce