HomeMy WebLinkAboutRes 2017-12-382 2017 Christmas ParadeCITY OF ANNA, TEXAS
RESOLUTION NO.J0I q - ( I - a
RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN
AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA
CHAMBER OF COMMERCE FOR THE 2017 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 91h, 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 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
application for the 2017 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 28th day of
November 2017.
ATTEST:
City Secretary, Carr"
.AP-PR(%JE
L. Smith
,,��T�EX 44141 IP1�0`''\
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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 28th, day of November 2017.
Section 1. Scope
According to Anna City Code Ordinances, Part ll, Article 47, Section the City enters
into this Agreement with GACC for use of Powell Parkway, 4th 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 9th, 2017.
4. Powell Parkway, 4th Street, Sherley Street and surrounding area.
5. City Hall Parking Area means the parking area located at 111 North
Powell Parkway.
6. 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:
Page 1 of 5
Parking Restrictions:
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 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
property, except on designated paved parking areas and except as otherwise
stated in this paragraph. 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 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.
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
Page 2 of 5
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.
Section 8. Amendment; Termination
This Agreement may not be amended or terminated except pursuant to a written
instrument signed by both parties.
Page 3 of 5
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 GACC
Carrie L Smith, City Secretary
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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. 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
Page 4 of 5
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 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
rights 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 executed this Agreement.
Kevin Hall, GACC Executive Director Philip Sanders
Greater Anna Chamber of Commerce City Manager
Page 5 of 5
SPEQAL EVENT PERMIT APPLICATION
Planning and Development Dept.
3223 N. Powell Pkwy
Anna, TX 75409
972-924-2616
CITY O: Akkk MXM
Type of Event: ❑Carnival
❑Circus ❑Festival DdParade ❑Tent ❑Other
A licant Name: 6,CF/4TFR
AvvAC /41 o f (v .A A 4ec E
Address: l W. I
U E ET X14 T T -F- C
Ci wl4iA
8tate: '7" X Zip Code: ` y of
Phone#: q 1 � -
— S 3-?
Email; K E V 1,m
C- ,e AV114C .('. -,,41
Date: jo o
*Note: Applications must be filed at least 30 days in advance.
A2plication Fee $50 (non-refundable) Deposit $300 (refundable)
Same Information As Above if not the same, complete the next two lines)
Issue Deposit Refund To:
Address: city: State: Zip Code
Date(s) of Activity: E o l
Reservation Time Block:
Type of Activity (explain purpose of activity): CAW E q LiF.v v 0 CR-. -
Estimated Number of People Attending Activity: v o
Reservation Location: qT!t -FPAAAoE I-;fIT£: *Mf •c• r* 4 f -•111W O/l/ wYs
♦t4 t,% O A1 ST E.v �r
Will Food and/or Beverages be on-site for th ctivi ? CYYes ❑ No
Will Alcohol be served or sold? ❑ Yes EK4o if yes, include request letter
If yes, please indicate who the vendors are (food and drinks):
K-o141JFQ°G' VF-,- Oo-eJ t,-rz, 111rvF
Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.):
VC N pOR� ���✓T.4 � VIVO f�T L.',� � w' f f�"t /4"/ c 4: �Ts4� E 1 P
*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 Is co/n/tained therein and agree to abide by them.
K
Applicant Name:
H �V n (��! `/
in
Signature:
Date:
Submittal Requirements:
W 1. Completed application with signatures and contact information.
2. Submit application fee $50 and deposit $300. Ord. No. 410-2008; Checks payable to the Cit
o'
of Anna)
w 3. Map of Event area.
Fa 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 B: J o s Received B;
Cash or Check # ,�2Cash or Cheek=# c'27
Recei t #: -314 5 cU Receipt #: y 5 1 o
Required Documents Rec'd:
❑ Completed Application -,E] Insurance ❑ Food Vendor List ❑ Sound System 'El' 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.
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