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HomeMy WebLinkAboutRes 2019-05-576 Special Event Permit with Greater Anna Chamber of Commerce for Firework DisplayCITY OF ANNA, TEXAS RESOLUTION NO. . k1 q- L5- Ae 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 4t" 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 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 28th, day of May, 2019. ATTEST: City Secretary, Carrie L Smith 10 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 28th day of May 2019. Section 1. Summary A Fireworks Display to be held inside the City's corporate limits at the Anna Middle School on July 4th, 2019, 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 11, Article 21, Section 4.04 (or other applicable provisions)—to be held inside the City's corporate limits on July 4, 2019 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 11, 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. 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 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 Jim Proce, City Manager City of Anna 111 N. Powell Parkway Anna, Texas 75409 GACC Kevin Hall, Executive Director 312 N Powell Pkwy 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. 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 eights 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 the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable, or as specified herein. SIGNATURES: Greater Anna Chamber of Commerce, Cityf Ann Texas Incorporated n1 By: -Ex—ec—u—tiTe Director 4im Proc City Manager 93 I [- 0 w IT }"th w � T ® a�of/3oi2ois DATE (MWDDNM) TYPE OF INSURANCE ADDLSUB THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: cT Michele Salazar TCI Agency Inc PRONEIAIC, No Em - FAtC Nol:896-79L ADDRESS: michele Pt 807 S Interurban St PREMISES Ea ocaxrence S 100,000 INSURER(S) AFFORDING COVERAGE NAIC q INSURER A: United States Liability Insurance Co Anna TX 75409 INSURED INSURER B: INSURER C : Greater Anna Chamber of Commerce MEO EXP (Any one penwny $5,000 312 N Powell Pkwy INSURER 0: INSURER E: Anna TX 75409 NBP1553368C INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUB POLICY NUMBER PMMOlLIDCD� LICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PREMISES Ea ocaxrence S 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ] OCCUR t-, 1C j ^ MEO EXP (Any one penwny $5,000 PERSONAL & ADV INJURY s 1.000.000 A NBP1553368C 07/01/2018 07/01/2019 GENERAL AGGREGATE 5 1.000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S EPLI $1,000,000 C atNED SINGLE LIMIT Ea accident $ X POLICY PROLDc AUTOMOBILE LIABILITY BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE y Par acadent $ e LIAB UMBRELLA OCCUR EACH OCCURRENCE S AGGREGATE 5 EXCESS LIAB CLAIMS -MADE OED RETENTIONS WORKERS COMPENSATION S WC STATU- DTH* T 1 E.L. EACH ACCIDENT S AND EMPLOYERS' LIABILITY ANY PROPRIErORIPARTNERIEXECLMVE Y f N OFFICEMEMBER EXCLUDED? F --1N (Mandatory in NH) f A E L DISEASE - EA EMPLOYEE S If yes, describe under OPERATIONS below E.L. DISEASE - POLICY LIMIT S DFFSrRIPTION - r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mom apace Is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Anna ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 776 U ORIZEDREPRESENTATIVE ( %� Anna TX 75409 lij UtV�► 0 44RR_20`10 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD �g A l�►('1�R CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 2/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Partners Group LtdPHONE 11225 SE 6th St. Suite 110 Bellevue WA 98004 CONTACT Janet Nau NAME: (877) 455-5640 AIC No: (425)455-6727 AirDRLFss:jnau@tpgrp.com INSURERS AFFORDING COVERAGE NAIC # INSURERAM.H.E. Insurance Company 12866 INSURED Illumination Fireworks, LLC 1605 Crescent Circle Ste 200 Carrollton TX 75006 INSURERB:Texas Mutual Ins Co 22945 INSURERC: INSURER D: INSURER E : INSURERF: CnVFRAr;FB CERTIFICATF NLIMRFR-19-20 GL AL XS WC AL/XS REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTR TYPE OF INSURANCE A LSUBR POLICY NUMBER MM/D Y EFF IWDPOLICY/ EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE ❑X OCCUR DAMAGE TO ccu 100,000 PREMISESEaa ooccurrence $ MED EXP (Any one person) $ Excluded CPP010400605 3/1/2019 3/1/2020 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10, 000, 000 PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY ❑ PRCT O F] LOC JE $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ A ANY AUTO SCHEDULED AUTOS ALL OWNED rx AUTOSNOOWNED HIRED AUTOS AUTOS CPP010400605 3/1/2019 3/1/2020 BODILYINJURY(Peraccident) $ PROPERTY DAMAGE $ Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 A X EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ GL ONLY ELP001156405 3/1/2019 3/1/2020 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Ya X PER TH- STATUTE ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEN $ 500,000 B OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A 0002022191 10/13/2018 10/13/2019 E.L. DISEASE - POLICY LIMIT I $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Excess .- Auto ELP001299700 3/1/2019 3/1/2020 Each Occurrence 4,000,000 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance Only e'=DTICif`ATF Uni nFD CANCFI I ATIAN ACORD 25 (2014/01) INS025 (201401) ©1988-2014 ACORD CORPORATION. All rignts reservea. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE *Evidence Of Insurance* THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. To Whom It May Concern AUTHORIZED REPRESENTATIVE Jordan Stair/CCRUDE ACORD 25 (2014/01) INS025 (201401) ©1988-2014 ACORD CORPORATION. All rignts reservea. The ACORD name and logo are registered marks of ACORD