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HomeMy WebLinkAboutRes 2020-04-720 4th of July Fireworks SEPCITY OF ANNA RESOLUTION NO.cA00t0- 0jjIlc 0 RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT TO GREATER ANNA CHAMBER OF COMMERCE FOR 4th OF JULY FIREWORKS SHOW. WHEREAS, Kevin Hall, President and CEO of the Greater Anna Chamber of Commerce has submitted a Special Event Permit Application to hold the Annual 41h of July Fireworks Show; and WHEREAS, according to Anna City Code of Ordinances, the City Council shall approve all Special Event Permit Applications; and WHEREAS, City Staff has reviewed the Special Event Permit Application and finds that Kevin Hall, President and CEO of the Greater Anna Chamber of Commerce has planned a safe, fun - filled community event; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. 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 to Kevin Hall, President and CEO of the Greater Anna Chamber of Commerce for the Annual 4th of July Fireworks Show. PASSED by the City Council of the City of Anna, Texas on this 28th day of October 2020. APPROVED: City Secretary Carrie Land SPECIAL EVENT PERMIT APPLICATION APP1.14 'ANT INF"W14AIIInU 11116 "11 Development Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-924-2616 T e of Event: ❑Carnival ❑Circus "Festival ❑Parade ❑Tent Nnuther Applicant Name: Address: ?1a a r ea cro AA11AG b r F N Powtell rkw Ci IM Phone#: q State: 'in Zi Code: + Sq v q S�� Email: loi YfF2 C, 'eEl�K Will Food and/or Beverages be on-site for the activity? NooTes ❑ No Date: �,� letter) *Note: Applications must be filed at least 30 days in advance. Please identify all other activities &/structures (bounce house, tents, music, sports, games, etc.): *If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the event sponsor, A lication Fee $50 non-refundable De osit $300 refundable) C9 Same Information As Above if not the same, complete the next two lines Issue Deposit Refund To: Address: City: State: Zip Code ACTIViTV INFnRMATinN Date s) of Activity: a ti IV Reservation Time Block: 1 A^ i ) • F070 � Type of Activity (explain purpose of activity): 4(;+!, , 11411P Estimated Number of People Attending Activity: Reservation Location: ANivA yQ .rF f TA AlN^/ I L loi YfF2 C, 'eEl�K Will Food and/or Beverages be on-site for the activity? NooTes ❑ No Will Alcohol be served or sold? ❑ Yes [?No (if yes, include request If yes, please indicate who the vendors are (food and drinks): letter) T C e fV ', �f►:, � �— C e L Please identify all other activities &/structures (bounce house, tents, music, sports, games, etc.): *If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the event sponsor, undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. Applicant agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. I do solemnly swear (or affirm) that all the answers given and statements made on this application and supporting documents are full, true, and correct to the best of my knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part II, Article 47 and have read the provisions contained therein and agree to abide by them. Applicant Name: I�- t% / ^ Signature:.�tj 1yur�� Date: I I .d� 1 / v�o 1J Submittal Requirements: 1. Completed application with signatures and contact information. 2. Submit application fee ($50) and deposit ($300). (Ord. No. 410=2008; Checks payable to the City of Anna) 3. Map of Event area. 4. List of food and beverage vendors and/or copy of current license from vendor. 5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate of Insurance is due a minimum of one week before event start date) 6. Letter of request if alcohol is desired. For Office Use Only: Date Application & Deposit Received $300: Date Application Fee Received ($50): Received Dy: Received by: Cash or Check # Cash or Check # Receipt #: Receipt #: Required Documents Rec'd: ❑ Completed Application ❑ Insurance ❑ Food Vendor List ❑ Sound System ❑ Map ❑ Alcohol Request (optional) ❑ Other: ❑ Other: ❑ Approved by: ❑Permit Issued Date: Assign Date of Parks Board Review of Application: (put date in blank and notify Applicant, PYROTEX DISPLAY SERVICES AGREEMENT This Services Agreement (this "Agreement") is made and entered into as of Tsn��ary 31. 2S12Q (the "Effective Date"), by and between Pyrotex Y a Texas corporation and Greater Anna Chamber of Commerce_("Client"). WHEREAS, Client desires to engage Pyrotex to produce a firework display (the "Display"), and Pyrotex desires to perform the Services, in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Terms and Conditions. The Services shall be subject to the Pyrotex Terms and Conditions attached hereto as Attachment A which are incorporated hereto. 2. Pyrotex Scope of Work. Subject to Section 3, Pyrotex shall supply any and all materialS, equipment, supervision, transportation, services and labor required for the full and complete performance of the Display described in the Scope of Work attached hereto as Attachment B (the "Services"), 3. Client Obligations. Client shall supply the materials, equipment, supervision, transportation, services and labor described in the Scope of Work attached hereto as Attachment B 4. Term/Schedule. Unless terminated pursuant to the terms hereof, this Agreement shall commence on the date hereof and shall expire upon Pyrotex's completion of Lite Services. 5. Deposit/Compensation. The compensation and deposit to be paid to Pyrotex for the Services shall be set forth on Attachment B (the "Pyrotex Compensation"). Client shall pay Pyrotex the deposit on or before the dates set forth in the Terrns and Conditions and on Attachment B. PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com d©fid _ pq.aT �ri 6. Cancellation. Pyrotex shall attempt to fire the Display at such a time as conditions warrant a safe Display. Pyrotex may cancel the Display if it determines that, in its sole good faith discretion, the Display may not be conducted in a safe and prudent manner and in accordance with all applicable laws, including without limitation, if the local wind speed exceeds twenty miles per hour sustained; if so instructed not to by the local authority having jurisdiction; or, if the unplanned proximity of people or property should enter the Display site and fallout area. For the avoidance of doubt, in the event of cancellation pursuant to this Section 6, or due to a Force Majeure event, as described in the Terms and Conditions, Client shall remain obligated to pay the full amount of the display in accordance with "Cancellation Fee" provision of Attachment B. 7. Alternate Date. Subject to the payment of additional fees, Client shall have the option, as set forth on Attachment B, to select an alternate date for the Display in the event that the Display cannot be produced on the original Display Date, 8. Entire Agt•eement. This Agreement, together with any and all attachments identified and made a part hereof, shall constitute the entire agreement between the patties hereto. All pr ior agreements, representations, statements, negotiations, understandings, and undertakings are superseded by this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of the date set forth above. PYROTEX INC. By: Printed Name: Paige M iia CLIENT By: Printed Name: Title: �/` C f i U eA Address: 7) a N - <'°!r' til P k. W1 A e7/i r, PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com Moab .,o� -'?ao ATTACHMENT A STANDARD TERMS AND CONDITIONS A. Payment %J Fees. Client shall promptly pay the Pyrotex Compensation on or before the date of the Display. Except as otherwise specifically provided in this Agreement, each of the parties shall pay its own expenses associated with performing its obligations under this Agreement. All payments shall be made in U.S. dollars without set-off, reduction, deduction, abatement or withholding of any kind and time shall be of the essence with respect to each payment. B. Default. If either• party breaches its obligations under this Agreement (other than a delay or interruption in fulfillment of its obligations as a result of a Force, including without limitation a failure to make any payments as required by this Agreement), the non -defaulting party shall have the option to immediately cease all perfornance under this Agreement. C. Termination. 1. This Agreement may be terminated (i) bJ Pyrotex immediately for the failure by Client to pay the deposit or Display Fees or any other monetary obligations when due under this Agreement, (ii) by either party immediately upon the delivery of written notice in the event the other party breaches this Agreement and fails to cure such breach within 10 days, (iii) by Pyrotex by delivery of 10 days written notice due to a change in law, regulation, policy or court order, such party is precluded from fulfilling its obligations hereunder, (iv) immediately by Pyrotex in the event the Client files bankruptcy, makes a general assignment for the benefit of creditors, or is otherwise subjected to proceedings under any insolvency Law, or (v) immediately by the Pyrotex if in its reasonable discretion, Pyrotex determines in good faith that the Display cannot be conducted in a safe and prudent manner. 2. Upon any termination or expiration of this Agreement: Client shall (i) have no further rights to receive the Services, and pay Pyrotex immediately upon such termination, all amounts then due and owing (whether in cash or in kind) through the date of termination. In addition, if the reason for the termination is a default, then the party exercising its termination right shall have the right to recover all damages it may have suffered as a result of such event, subject to all defenses the other party (or parties) may have. D. Representations and Warranties. 1. Pyrotex represents and war•ants that (a) the execution of this Agreement by it has been duly authorized, (b) this Agreement constitutes the legal and binding obligations of Pyrotex and is enforceable against Pyrotex in accordance with its terms, and (c) Pyrotex has the absolute and unrestricted right, power, authority and capacity to execute this Agreement and to perform its obligations. PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com 2. Client represents and warrants that (a) the execution of this Agreement by it has been duly authorized, (b) this Agreement constitutes the legal and binding obligations of Client and is enforceable against Client (and in the case of an advertising agency/agent, is enforceable and binding against both the advertising agency/agent and the underlying sponsor) in accordance with its terms, (c) Client has the absolute and unrestricted right, power, authority and capacity to execute this Agreement and to perform its obligations, (d) Client owns or has the right to use all intellectual property associated with the event relating to the Services (the "Display), and (e) Client's operations and the Display comply with all federal, state or local statutes, regulations, ordinances or orders, directives, permits or codes ("Laws"). 3. Except as otherwise expressly provided in this Agreement, Pyrotex makes no representations or warranties of any kind, whether expressed, implied or statutory, all of which are hereby irrevocably waived by Client. E. Indemnification. 1. Pyrotex agrees to defend, indemnify, and hold harmless Client and its subsidiaries, affiliates, partners, officers, directors, employees, shareholders, agents, other representatives, successors and assigns (collectively the "Client Parties"), from and against any third party claims, and related losses, liabilities, damages, and judgments (collectively, "Claims"), including, without limitation, reasonable attorneys' fees, arising out of personal injury resulting solely from Pyrotex's gross negligence or intentional misconduct. 2. Client agrees to defend, indemnify, and hold harmless Pyrotex and each of its subsidiaries, affiliates, partners, officers, directors, employees, shareholders, agents, other representatives, successors and assigns (collectively the "Pyrotex Parties"), from and against any Claims arising out of. (i) the breach of its obligations, representations, warranties and covenants under this Agreement; (ii) personal injury resulting from Client's negligence or intentional misconduct; or failure to comply with all Laws. F. Limitation of Liability. 1. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SPECULA TIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. 2. IN NO EVENT WILL PYROTEX' S CUMULA TIVE LIABILITY FOR ANY DAMAGES TO SPONSOR OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY RECEIVED BY PYROTEX. G. Insurance. 3 1. Pyrotex shall maintain liability insurance coverage in the amount of $5,000,000.00 for bodily injury and property damage, $5,000.000.00 in automobile liability, plus worker's compensation insurance for all its employees. 2. Client shall maintain in force adequate workers' compensation, commercial general liability, errors and omissions, and other forms of insurance, in each case with insurers reasonably acceptable to Pyrotex, with policy limits sufficient to protect and indemnify Pyrotex and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from Client's conduct, acts, or omissions or the conduct, acts, or omissions of Client's agents, contractors, servants, or employees H. Miscellaneous. 1. Assignment/Subcontracting. Client may not assign this Agreement without the Pyrotex's prior written consent. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their permitted successors and assigns. 2. Force Majeure. For purposes of this Agreement, a "Force Majeure" shall mean and include any event or cause beyond Pyrotex's reasonable control (including without limitation, construction delays, fire, flood, or other casualty, explosions, damage by third parties whether negligently or intentionally caused, or any labor organization, acts of God or other casualties, or the laws or actions of any governmental authority), as a result of which at any time Pyrotex is unable to grant any of the rights described in herein or perform any of its obligations hereunder. If a Force Majeure occurs, Pyrotex may elect one of the following alternatives: (i) cancel the Display or (ii) provide alternate date, even if Client had not originally selected one. Notwithstanding the forgoing, Client acknowledges that the Display may be heId rain or shine and that Client shall not be entitled to any return, refund, or reimbursement of any portion of the Fees in the event that, whether due to weather or any other natural occurrence, (A) Client, whether by Client's own choice or due to events outside of Client's control, fails to attend and fully participate in some or all of the Display, (B) the Display is poorly attended, or (C) the Display schedule is in any way changed, delayed, postponed, or condensed. 3. Govern ing Law &Exclusive Venue. This Agreement, and all of its provisions, PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com a^a o .s in y -'7m d Yin be governed by and construed in accordance with the law of the State of Texas without reference to conflict of laws principles. The exclusive venue for any proceeding in connection with this agreement shall be in Fannin County, Texas. 4. Agency/Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their permitted assigns, and nothing herein expressed or implied shall give or be construed to give any third parties, other than the parties hereto and such assigns, any legal or equitable rights hereunder. 5. Severability. In case any provision of this Agreement shall be invalid, illegal or unenforceable, such provision shall be severed from this Agreement. The validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 6. Attorneys' Fees. Should either party to this Agreement commence legal proceedings against the other to enforce the terms and provisions of this Agreement, the party losing in such legal proceedings shall pay the reasonable attorneys' fees and expenses of the party prevailing in such legal proceedings, as determined by the court. 7. Relationship of Parties. This Agreement does not create any agency, partnership, joint venture or employment relationship between the parties. The relationship of the parties shall be solely that of independent contractors. Each party shall be solely responsible for the conduct of its respective agents and employees. 8. Integration Clause. This Agreement, including all exhibits and schedules hereto, is the final and exclusive expression of the Agreement among the parties for the subject matter of this Agreement, it being understood that there are no oral representations, understandings or agreements covering the same subject matter. This Agreement may be amended only by a writing executed by both parties 9. Counterparts; Facsimile; E-mail. This Agreement may be simultaneously executed in several counterparts and via facsimile or e-mail, each of which shall be deemed to be an original and taken together shall constitute one and the same instrument. 10. Survival. All representations, warranties and agreements of each of the parties, including, but not limited to, payment obligations, confidentiality and indemnity, shall survive the termination of this Agreement and shall remain enforceable between the parties. 11. Notices. All material notices or other cornrnunicationswhrch are required or contemplated by this Agreement shall be in writing and sent by certified or registered mail or overnight courier to the addresses first set on this signature page above. Notices shall be deemed received on the date delivered. PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com aofio-oy-IAO ATTACHMENT B - SCOPE OF WORK Pyrotex Services Pyrotex shall produce a firework display for the Client (the "Display") Compensation Total Display Fees: , 17.(100 Non-Refiindable Retainer Fee:, Retainer Dues Date: March 1, 2020 Balance Due Date:. my 4., 2020 In the event that the Display must be conducted on the alternate date selected below, Client agrees to pay an additional fee equal to twenty percent (20%) of the total Display cost listed below to cover additional labor, permit and equipment fees Cancellation Fees If Client cancels the event, or the event cannot be produced for any reason set forth in the Agreement, including, without limitation, due to a Force Majeure or failure by client to comply with the Agreement: • At least one day prior to the Display date, Client agrees to pay to Pyrotex as liquidated damages, 50% of the Display Fees; and • Within 24 hours of the Display Date, the Client shall pay to Pyrotex as liquidated damages, 100% of the Display Fees. Full payment of the Display Fees shall be due immediately to Pyrotex. For the avoidance of doubt, the Client shall not have Lite right to elect an alternate date if cancelled within 24 hours of the Display Date. Client Obligations Client agrees, at its own expense, to provide Pyrotex with a suitable site to stage the Display. The firing site and fallout area must be level, clear of any and all people, vehicles, structures and hazardous materials from the time Pyrotex arrives to install the Display until Pyrotex completes the load -out process. Once explosives are on-site, no one but the Pyrotex crew and law enforcement may enter the fall- out area. Client is responsible for all clean-up of paper debris with in the fallout area after the display. Client shall be responsible for snowing and raking any grass or brush within the fallout area to a height of three inches (3") or less. PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com Client shall provide suitable security adequate to prevent any access to the Display site by members of the general public or persons not specifically approved by Pyrotex. Temporary barricades, fencing and/or a red tape line reading "Danger — Do Not Enter" must be used to enclose the Display site. Additional large signs reading "Danger — Do Not Enter" must be placed at normal points of entry into the firing site. Client shall p►•ovide a minimum of 4 uniformed police are required to secure the firing site and fallout area from 2:00 PM to 1 1:30 PM. To the extent allowed by law, any claim arising from injury to unauthorized persons or damages to property left in the Display area are the sole responsibility of the Client. 1•• Date: July 4,� Time: 9:30 PM Alternative Date Election Alternate/Rainout Date: 7 I I May not be July 4) AGREED AND ACCEPTED: PYROTEX LLC sy: Printed Name: P_ai�e M�iia CLIENT By: Printed Name: Title: PYROTEX • 4368 FM 1553, Leonard, TX 75452 • 469-534-0635 • www.pyrotex.com aoa0-- 0 y- r7a0