HomeMy WebLinkAboutRES 17-017RESOLUTION NO. 17-017
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
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 2017 Gusher Marathon on March 4, 2017.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
January, 2017.
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January 24, 2017
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 March 4, 2017. 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.
The estimated amount for this year's marathon is $43,662. You must make payment in
the amount of $21,831 on or before Friday February 10 2017 in order for a permit to be
issued for the 2017 Gusher Marathon.
The point of contact for the Marathon will be Captain Tim Ocnaschek, Emergency
Management Coordinator. Please provide the required documents listed below to Capt.
Ocnaschek and he will send them to the proper City departments.
1. A traffic control plan prepared by a Professional Engineer to TXDOT and Tim
Ocnaschek immediately for their approval.
2. 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. Provide a copy of a contract for emergency medical services.
5. Provide a copy of a contract for portable restrooms.
6. 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.
Finance Department • (409) 880-3789 • Fax (409) 880-3132
P.O. Box 3827 • Beaumont, Texas 77704-3827
EXHIBIT "A"
7. Provide either a plan using other resources or a contract to provide adequate
transportation to gather participants when the route closes.
8. 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 the final balance due. The City would prefer that the
balance be paid in full by April 14, 2017. If the balance is not paid in full, the
remaining, balance must be paid by MU 5, 2017. 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 February 13, 2017. Thank
you for 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 tocnaschekkbeaumonttexas.pov on or before February 06,
2017.
Finance Department • (409) 880-3789 • Fax (409) 880-3132
P.O. Box 3827 • Beaumont, Texas 77704-3827
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 • Beaumont, Texas 77704-3827