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HomeMy WebLinkAboutRes 2015-09-22 Special Event Permit 5K Run.pdfCITY C Fl ANNA, TEIXAS RESOLUTIC N NO. (Spe c ja I Ever t F erini't .5 K Rbir,)' RESOLUTION REGARDING THE APPRCIMAL OF A SPECIAL EVENT F113RMIT A NC AL17HORITY TO EXECUTE AN ACRE319MENT BETWEEN I HE C171Y OF ANNA AND 71FE AhNA ATHLE111C BOOSTER CLUE FOR A SPECtAIJ EVEN71 PERIVIT TO SFICNSCIR A FUNDRAISER 6K AND FAMILY I Iq F UN WALK 13VENT ON SA TUR C AY, OC TOE 13R 17, 2015 STA RTI NG A T NATURALSIPRINGE PARK. WHEREAS, thE Anna Alhletic EOCStEr Club has SLbmifled a Special EVErit PErmit application lo conduct a Fundraiser 5K and Family 1K Fun Walk evEnt cn %'Eatuiday, Cctcber 1-i, 2C15 located at Natural Eprincs Fark: aind: WHE R E AS, a ccciiding tc Anna City Code cl Ordinances, Parl 11, P d iClEi 471, the City shall Eriter intc a Special EVErit AgreErneiril (Rte "'AgrEernErit) inccrperating the terms a nd conditions c f se id permit; NOW 7HEREFC)RE BE IT RESOLVED BY THE CITY CCUNC11 OF THE CITY C F ANNA, 71E XA S THA1: Seclicn 1. Recitals Inccrperaited ThE recitals set forth aibcve are iricci-perated temin fcr all purpcSEd as il set ferlh in full. Secti'or 2,, ThE� City Council hEreby apprcVES the Special OVEnt Permit and authorizes the City Mana gEr 10 Execule a nd sig n the Sp ecial E ve nt Ag reement atiached herElo as Exhidit 1. PASSEE) dy tte City Ccuncil cf thE City of Anra, Texas, cri this 22 nd day of Se pte mHe r, 2 C 18 ATTEST: A P FIROZVED' Cariiie U. Smilt, City SecretaWl Mayor, IV ike Crist 1141AI I I j Ill 110 sum-I&E UCjWVVjl=lM This Agreement (this "Agreement") is made by and between the City of Anna, Texas ('City'), Anna Athletic Booster Club and is entered into on this 22nd day of September 22,2015. Section 1. Summary The Anna Athletic Booster Club will be conducting a Fundraiser 5K and Family 1 K fun walk event on Saturday, October 17, 2015 located at Natural Spdngs Park, 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. Booster Club shall mean the Anna Athletic Booster Club. Section 3. General Requirements The Fundraiser 5K and Family I K Fun Walk will start at Natural Springs Park and end at Natural Springs Park. Booster Club will provide at a minimum an insurance policy of $1,000,000 naming the City as an additional insured and a copy of the Certificate of Insurance will be submitted to City Hall one week before the event start date. All building codes shall be adhered to. Any violation of the ten-ns and conditions of this Permit may result in the immediate revocation of this Permit and the imposition of fines as allowed under Ord. No. 601- 2012. Booster Club as the organizer of this Event, you and all invited guests are required to observe the Noise Regulations outlined in Part 11, Article 29, Section 1 (Noise Regulations) of the Anna City Code of Ordinances. Section 4. Licenses and Permits Booster Club shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the events and to fulfill this Ag reement. Booster Club must comply with all federal and state laws, and local ordinances while organizing and participating in the event. 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 Anna Athletic Booster Club relating in any way to the Anna Athletic Booster Club undertaking, promoting, operating, and performance of any other activity related to the Fundraiser 5K and Family 1 K Fun Walk event 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 Fundraiser 5K and Family I K Fun Walk event. There shall be no joint control over the Fundraiser 5K and Family 1 K Fun Walk event. The Fundraiser 5K and Family 1 K Fun Walk event 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 Fundraiser 5K and Family 1 K Fun Walk event. 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, Fundraiser 5K and Family I K Fun Walk 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 Fundraiser 5K and Family 1 K Fun Walk event by any City Official or City employee is not autho6zed by the City and shall not be authorized by the City, unless such authorization is by written agreement, duly adopted by the City. A 0 ANKHMINI-�MMLWAAWJ LIEM-"Ib, L L L :4 1 V-1 I I N*C:4 11 a to] 0 : I =KKA I i-1i:4 1A I ki R71 : Is] I = we] M I ki 0 :7-11:4 M Will! DIP UIIS AGREIMIENT. Section 6. Insurance Fundraiser 5K and Family 1 K Fun Walk event 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 Fundraiser 5K and Family 1 K Fun Walk event or in any way related to the Anna Booster Club undertakings performed In connection with the Fundraiser 5K and Family I K Fun Walk event, including but not limited to coverage for Anna Athletic Booster Club, its agents, representatives, employees, subcontractors, volunteers, and other participants. The form, coverage and limits of such insurance, together with the undenmfter 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 Anna Athletic Booster Club to maintain adequate insurance coverage at all times, and to require that each contractor, vendor, or other participant in the Fundraiser 5K and Family 1K Fun Walk event does likewise. Failure of the Anna Athletic Booster Club to maintain adequate coverage shall not relieve the Athletic Booster Club 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 Citys discretion, a certificate of insurance, shall be filed by Athletic Booster Club with the CRY Secretary. Proof of adequate cover -age must be provided to the City as soon as practicable after this Agreement becomes effective, and is Athletic Booster Club 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 Club Philip Sanders, City Manager City of Anna 111 N. Pov&-ll Parkway Anna, Texas 75409 Anna Athletic Booster Karen Ahrens 121 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. Secton 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 a ny other person or entity. Section 10. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Anna Athletic Booster Club and supersedes all pdor negotiations, representations and/or agreements, either written or oral with respect to the Fundraiser 5K and Family I K Fun Walk event. 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 perfon-ning any of its obligation hereunder due to a natural or manmade event or condition not caused by such party and beyond such partys 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 Anna Athletic Booster Club 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 the date first stated herein, and perfon-nance of such Agreement shall begin as soon thereafter as practicable, or as specified herein. W 1419 0 F.171OU Anna Athletic Booster Club 0 Karen Ahrens, President