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HomeMy WebLinkAboutRES 16-005RESOLUTION NO. 16-005 BE IT RESOLVED BY THE CITY COUNCIL OF THE , IIWKS] 0:3W_ltoL8A [07ilk II THAT the City Manager be and he is hereby authorized to execute an Agreement between the City of Beaumont and Richard James III and The Sports Society for American Health, substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes, to hold the 2016 Gusher Marathon on February 27, 2016. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of January, 2016. I ry Ll- "" 7-1 y • :- !ee RICH WITH OPPORTUNITY r T• E• X• A• S January 12, 2016 Richard James III The Sports Society for American Health P.O. Box 608 Beaumont, TX 77704 Dear Mr. James: This correspondence comes as a proposed letter agreement regarding your Marathon scheduled for February 27, 2016. Your signature at the end of this letter agreeing to terms set forth below and your fulfillment of said terms in accordance with the dates stated will result in the issuance of a permit for the Marathon. Please understand that because the safety of the motoring and pedestrian public is of paramount concern, the City of Beaumont reserves the right to revoke any permit issued up to and including the day of the race and during the race. Secondarily, management of the City of Beaumont, while it welcomes your efforts, has determined that it is unable to absorb any of the costs or expenses associated with this undertaking. The estimated amount for this year's marathon is $42,148. You must make payment in the amount of $21,074 on or before Friday. February 12, 2016 in order for a permit to be issued for the 2016 Gusher Marathon. The point of contact for the Marathon will be Lieutenant Tim Ocnaschek, Emergency Management Coordinator. Please provide the required documents listed below to Lieutenant Ocnaschek and he will send them to the proper City departments. 1. You must provide the traffic control plan prepared by a Professional Engineer to TXDOT and Tim Ocnaschek immediately for their approval. 2. You must provide the final approval from TXDOT for closure of the roadways and exits they control. Failure to provide the final approval may impact your ability to hold the event. 3. The City will coordinate barricades and cones with support of Gusher Marathon Event Management. 4. You must provide a copy of a contract for emergency medical services. 5. You must provide a copy of a contract for portable restrooms. Finance Department • (409) 880-3789 • Fax (409) 880-3132 P.O. Box 3827 • Beaumont, Texas 77704-3827 EXHIBIT "An 6. You must provide a policy of liability insurance for the event showing the City of Beaumont as an additional insured. The policy should be a special event policy with coverages of $500,000 per occurrence, $1,000,000 in the aggregate. 7. You must provide either a plan using other resources or a contract to provide adequate transportation to gather participants when the route closes. 8. You must present proof that any business owners affected by areas barricaded during the event have been notified and agree to limiting access to their establishment. 9. You are responsible for trash cleanup after the marathon is completed. You will be billed for the use of the City's sweepers if they are required to complete the cleanup. 10. Satisfaction of all other applicable terms and conditions of Article 20.06 of the Code of Ordinances, not specifically listed herein. 11. A reconciliation of all expenses will be completed within ten days after the event for purposes of determining if there is a final balance due or if the City owes you, in the case that the actual expenditures are less than the estimate. If a final balance is owed to the City, the balance must be paid in full by April 12, 2016. If the balance is not paid in full, or special payment arrangements made by April 12, 2016, the City may withhold a permit for any future marathons. Payments shall be made by cashiers check. 12. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE CITY OF BEAUMONT, ITS OFFICIALS, EMPLOYEES AND REPRESENTATIVES AGAINST ANY CLAIMS, LOSSES OR LAWSUITS, IRRESPECTIVE OF FAULT, INCLUDING THE PAYMENT OF ATTORNEYS FEES AND COSTS INCURRED BY THE CITY, ITS OFFICIALS, EMPLOYEES AND REPRESENTATIVES ARISING OUT OF THE EVENT. 13. You understand and agree that the review and approval of any documents, plans or other instruments by any agency, entity, or person over whom the City of Beaumont has no authority or control may impact your ability to hold the event and that, IN SUCH EVENT, THE CITY OF BEAUMONT, ITS OFFICIALS, EMPLOYEES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY COSTS, EXPENSES OR DAMAGES YOU MAY INCUR AS A RESULT THEREOF. 14. You understand and agree that THIS IS THE COMPLETE AGREEMENT OF THE PARTIES. No other agreement, understanding, alteration, variation or other oral or written expression or representation, whether made before or after the marathon, shall be binding on the parties hereto unless and until such matter is reduced to writing and executed by the parties hereto. Additionally, you understand and agree that the failure of the City of Beaumont to insist upon the performance of any one or more of the terms or conditions of this letter agreement shall not be considered a waiver or relinquishment of the right of the City of Beaumont to insist on the future performance of said term or condition and that your obligation of future performance shall continue in full force and effect. Due to the nearness in time of the event, TIME IS OF THE ESSENCE and all required documents should be submitted no later than January 27, 2016. Thank you for Finance Department • (409) 880-3789 • Fax (409) 880-3132 P.O. Box 3827 9 Beaumont, Texas 77704-3827 your prompt attention to this matter. Please sign in the designated space below and return a signed original to the address below or you may return it electronically to tocnascheknbeaumonttexas.ggv on or before January 27, 2016. Sincerely, Kyle Hayes City Manager I have read the foregoing letter agreement and do hereby affix my signature to this document agreeing to the terms and conditions set forth above herein. Richard James III The Sports Society for American Health Finance Department • (409) 880-3789 • Fax (409) 880-3132 P.O. Box 3827 9 Beaumont, Texas 77704-3827