HomeMy WebLinkAboutRes 2016-11-251 Christmas Parade (2)CITY OF ANNA, TEXAS
RESOLUTION NO.,kL- I j - f��C-51
RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN
AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA
CHAMBER OF COMMERCE FOR THE 2016 ANNUAL CHRISTMAS PARADE
WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has
submitted a Special Event Permit application to conduct a Christmas Parade on
Saturday, December 1 oth , 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 11, 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 2016 Annual Christmas Parade, 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 22 nd day of
November, 2016.
ATTEST:
City Secretary Carrfe L. Smith
EXHIBIT 1
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, Incorporated
("GACC") entered into on this 22 d , day of November, 2016.
Section 1. Scope
According to Anna City Code Ordinances, Part 11, Article 47, Section the City enters
into this Agreement with GACC for use of Powell Parkway, 4 th Street, Sherley
Street and surrounding area for the Christmas Parade.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall
apply:
1. City shall mean the City of Anna, Texas.
2. GACC shall mean the Greater Anna Chamber of Commerce,
Incorporated.
3. Christmas Parade (Parade) shall mean the community event
sponsored by the GACC and associated events and activities to take
place in Anna, Texas on December 1 oth 2016.
4. City Hall Parking Area means the parking area located at 111 North
Powell Parkway.
5. Special Event means any event that operates wholly or partially
within the incorporated City limits 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
3.01 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, for
which GACC will be responsible:
Parking Restrictions:
Page I of 6
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 City/Park Property.
Except for designated parking areas and other designated areas approved by the
Director of Public Works, motor vehicles are prohibited from driving on City/Park
property, except on designated paved parking areas and except as otherwise
stated in this paragraph. At the discretion of the Director of Public Works 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
Public Works the ground is too wet to support the weight of the vehicle. Except
for small utility vehicles approved by the Director of Public Works, 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 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 Public Works.
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 in
reviewing such application that exceeds said amount.
Page 2 of 6
Section 5. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or
any other costs required for the Parade and to fulfill this Agreement.
The GACC must comply with all federal and state laws, and local ordinances while
organizing and participating in the Parade.
Section 6. 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 Parade (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 undertake, conduct, or complete any of 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 7. Insurance
GACC shall procure and maintain for the duration of this Agreement and the
Special Events 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 Parade, 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 Agreement and shall not relieve 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.
Page 3 of 6
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 St
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the
information listed in this section.
Page 4 of 6
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. Severabillity
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 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
Page 5 of 6
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 fights 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 this Agreement shall begin as soon thereafter as practicable.
IN WITNESS WHEREOF, City and GACC have executeb t V
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By: xk
Kevin Hafl',—GACC Executive Director jlfjOgand
Greater Anna Chamber of Commerce Manag
Page 6 of 6
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SPECIAL EVENT PERMIT APPLICATION
Planning and Development Dept.
3223 N. Powell Pkwy
Anna, TX 75409
972-924-2616
,_,-�PPLICANT
Type of Event: ElCarnival ElCircus
INFORXIATION
[]Festival KParade ElTent E10ther
ApplicantName: �Q
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Address: 218 1,V.
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City: AV)VA
State:
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Phone#: I'l �L - Ta
9 — 85- R-3
Email: Y, E V -1 /V
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Date: 10
*Note: Applications
must be filed at least 30 da s in advance.
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APPLICATION FEE AND DEPOSIT REFUND INFORMATION
Application Fee $50 (non-refimdable) Deposit $300 (refundable)
K Same Information As Above (if not the same, complete the next two lines)
Issue Deposit Refund To:
Address: City: State: Zip Code
ACTIVITY INFORMATION
Date(s) of Activity: 5 ATIle, PAY! D 6—e7 I �Dr N I C
7
Reservation Time Block: A
Type of Activity (explain p-urpose of activity) 7 PAR-AOE, SA1Vr,4L.4-v.0g V�C-Aloo"
Estimated Number of People Attending A tivity: Q ovv'
Reservation Location: 4 11 f T P-F-1;7- f,A r,,Apc- IC cm -rE '. A14--r 51'.A9 -fV'4tJ1 oe% fAV
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e', 10
Will Food and/or Beverages be on -site for g!e 11 No
,',ntivity? YYes
Will Alcohol be served or sold? E] Yes E2*To (if yes, include request letter)
If yes, please indicate who the vendors are (food and drinks):
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Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.):
f ell - or
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*1f City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the
event sponsor. � Ara