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HomeMy WebLinkAboutRes 2021-11-1043 Agreement with GACC for Christmas ParadeCITY OF ANNA, TEXAS RESOLUTION NO. QQ16611 - 1043 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT FOR POLICE, FIRE, AND PUBLIC WORKS SERVICES WITH THE GREATER ANNA CHAMBER OF COMMERCE FOR THE ANNA CHRISTMAS PARADE AS AN EVENT THAT SERVES A VITAL PUBLIC SERVICE TO THE COMMUNITY AND AUTHORIZING THE CITY MANAGER TO ENTER INTO SAID AGREEMENT WHEREAS, the Greater Anna Chamber of Commerce wishes to host the Christmas Parade on December 11 t" from 12pm to 1 pm; and WHEREAS, the Greater Anna Chamber of Commerce requested a Special Event Permit for the Christmas Parade from the City of Anna in accordance with The Anna City Code of Ordinances Division 4. Special Events, Sec. 10.02.111 through Sec. 10.02.115; and WHEREAS, the Special Event ordinance authorizes the City Manager to approve a Special Event Permit for the Greater Anna Chamber of Commerce; and WHEREAS, the Special Event ordinance authorizes the City Manager to waive certain fees and charges for the Greater Anna Chamber of Commerce; and WHEREAS, the City Council has determined that the Christmas Parade serves a vital positive public service including bringing the community together during the holiday season promoting economic development and community welfare; and WHEREAS, the parade route necessitates the need to request a temporary closure of a portion of State Highway 5 from the Texas Department of Public Transportation and the City has made said request; and WHEREAS, the City Council hereby authorizes the City Manager to enter into an agreement with GACC for the provision of certain police and fire services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The recitals set forth above are incorporated herein as if set forth in full. Section 2. The City Council finds that the Greater Anna Chamber of Commerce's Anna Christmas Parade events serves a vital public purpose, and the City Council hereby approves of the Agreement for Police, Fire, and Public Works Services attached hereto as Exhibit A and authorizes the City Manager to execute said agreement on behalf of the City. Page 1 of 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of November 2021. ``�tiuu at n r rr,u Jr/ ATTESTED: .��� °`A I QVED: Carrie L. Land, City Secretary Iqa e'%'�ike, Mayor Page 2 of 2 EXHIBIT A AGREEMENT FOR POLICE, FIRE, AND PUBLIC WORKS SERVICES This Agreement for Police, Fire, and Public Works Services (this "Agreement") is made by and between the City of Anna, Texas, a home -rule municipal corporation (the "City") and the Greater Anna Chamber of Commerce, Inc., a Texas nonprofit corporation ("GACC") W I T N E S S E T H WHEREAS, GACC intends to plan, coordinate, fund, and host the December 11, 2021 Christmas Parade (the "Event"), a community event for Anna's neighbors who will gather to celebrate the community and holiday season; and WHEREAS, the Event has multiple public purposes including bringing the community together during the holiday season and promoting economic development and community welfare; and WHEREAS, the City is will to provide certain police, fire rescue, and public works services for the Event in furtherance of public health and safety; and WHEREAS, the State of Texas owns and operates a system of highways for public use and benefit, including Highway 5, in Collin County; and WHEREAS, the City has requested that TxDOT allow the temporary closure of Highway 5 for the purpose of the Event, from 12:00 PM to 1:00 PM on December 11, 2021 (the "Closure"); and WHEREAS, the City, in recognition of the public purpose of the Event, is willing to conduct the actions necessary for the Closure while providing for the safety and convenience of the traveling public within the State's requirements; and WHEREAS, on the 26th day of October 2021, the Anna City Council passed Resolution No. 2021-10-1034 establishing that the Event serves a public purpose and authorizing the City to enter into an agreement with the State; and WHEREAS, provided that TxDOT permits the Closure, the City shall provide the above - referenced police, fire rescue, and public works services as set forth herein; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONTRACT PERIOD This Agreement becomes effective upon final execution by the parties and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. Page 1 of 4 EXHIBIT A Article 2. EVENT DESCRIPTION The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as "Exhibit C." Article 3. OPERATIONS OF THE EVENT A. Except as expressly set forth herein, GACC shall assume all costs of the operations associated with the Event and shall be solely responsible for Event operations. B. Provided that TxDOT permits the Closure, the City shall provide at no cost to GACC materials, labor, public notification, protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing required for the Closure. C. The City will ensure that the appropriate law enforcement agency has reviewed the traffic control for the Closure and that the agency has deemed them to be adequate. Article 4. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. B. Notwithstanding any provision of this Agreement, this Agreement shall terminate and the parties shall have no further obligation to perform hereunder if TxDOT does not allow and permit the Closure. Article 5. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the City's decision shall be final and binding. Article 6. RESPONSIBILITIES OF THE PARTIES Except as expressly set forth herein, the City and GACC agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 7. INSURANCE AND INDEMNIFICATION A. At least two weeks in advance of the Event, GACC and/or its contractors shall furnish to the City a completed "Certificate of Insurance" and shall maintain the insurance in full force and effect during the period of the Event and for at least 24 hours thereafter. Such insurance shall include: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with Page 2of4 EXHIBIT A limits of liability for bodily injury, death and property damage of not less than $11000,000.00. Such insurance shall also cover any and all claims which might arise out of the Event, whether by GACC, a contractor, subcontractor, material man, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. B. GACC AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY AND ITS RESPECTIVE OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES AND RELATED EXPENSES INCURRED BY THE CITY OR AWARDED AGAINST THE CITY) FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT FROM THE CITY ARISING OUT OF OR OCCASIONED BY GACC'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, VIOLATIONS OF LAW BY GACC, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF GACC, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INVITEES, SUBCONTRACTORS, OR SUB -SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH GACC IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY TO THE EXTENT RESULTING FROM THE NEGLIGENCE OF THE CITY AND ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS. THE CITY DOES NOT WAIVE ANY GOVERNMENTAL IMMUNITY OR OTHER DEFENSES AVAILABLE TO IT UNDER TEXAS OR FEDERAL 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. Article 8. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and GACC. Article 9. COMPLIANCE WITH LAWS GACC shall comply with all applicable federal, state and local environmental laws, regulations, and ordinances. Article 10. LEGAL CONSTRUCTION In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Page 3 of 4 EXHIBIT A Article 11. NOTICES All notices to either party by the other required under this Agreement shall be delivered by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: The City: City of Anna Attn: City Manager 111 N. Powell P kwy Anna, Texas 75409 GACC: GACC 312 N. Powell P kwy Anna, Texas 75409 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 12. SOLE AGREEMENT; LIMITATION OF REMEDIES This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. GACC's sole remedy for any breach of this Agreement is to seek specific performance of this City's obligations hereunder. Each party is signing this agFerRVent on the date stated beside that party's signature. THE CITE( OF ANNA a im Pfoce, City Man er Date I I p � w Z( GREATER ANNA CHAMBER OF COMMERCE, INC. By Tiffany Terry, its President Date Page 4 of 4