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HomeMy WebLinkAbout12917RESOLUTION NO. 12917 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE AMERICAN CANCER SOCIETY, GREAT WEST DIVISION, INC., FOR THE USE OF ORMAN AVENUE BETWEEN MARILYN PLACE AND ARTHUR STREET TO HOST THE RELAY FOR LIFE RACE ON JUNE 6 AND JUNE 7, 2014 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to American Cancer Society, Great West Division, Inc., for the use of Orman Avenue between Marilyn Place and Arthur Street from June 6, 2014, at 10:00 a.m. through June 7, 2014, at 10:00 a.m. to host the Relay for Life race. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms and conditions set forth in the attached Revocable Permit. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: _ March 24, 2014 BY: Chris Nicoll COUNCILPERSON City Clerk’s Office Item # M-7 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: MARCH 24, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE AMERICAN CANCER SOCIETY, GREAT WEST DIVISION, INC., FOR THE USE OF ORMAN AVENUE BETWEEN MARILYN PLACE AND ARTHUR STREET TO HOST THE RELAY FOR LIFE RACE ON JUNE 6 AND JUNE 7, 2014 SUMMARY: Attached is an application for a revocable permit submitted by the American Cancer Society, Great West Division, Inc., for their annual Relay for Life fundraiser. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The American Cancer Society, Great West Division, Inc., has requested the closure of Orman Avenue between Marilyn Place and Arthur Street from June 6, 2014, at 10:00 a.m. through June 7, 2014, at 10:00 a.m. to host the Relay for Life race. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will most likely cancel the event. RECOMMENDATION: Approval of this Resolution. PROPOSED MOTION: th This Resolution will be placed on the March 24 Consent Agenda. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map REVOCABLE PERMIT Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City "), the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: 1. Name, Address and Telephone Number of Permittee: American Cancer Society, Great West Division, Inc., 1445 N. Union Avenue, Colorado Springs, CO 80909 2. Permitted Area: Orman Avenue between Marilyn Place and Arthur Street 3. Purpose of Revocable Permit: Relay for Life 4. Authorized Improvements: 5. Commencement Date: June 6 2014 Time: 10:00 a.m. 6. Ending Date: June 7 2014 Time: 10:00 a.m. PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES: (a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the Permitted Area by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City and this Permit. (c) If the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall be subject to all the provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. (d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit with the City the sum of $500.00 ( "Deposit "). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee. (e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit. (f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from litter, waste and debris. (g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising, directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the existence, construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public. (h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. CA- 4/6110 (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid, as follows: (i) If to Permittee, at the address shown in paragraph 1 above. (ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph (k). (1) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all purposes. City may injure damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees, or agents. (m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date, (ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation of the Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above; or (v) revocation or termination of this Permit by resolution of the City Council of City. (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability to City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice, hearing, and liability of the City. Signed in Pueblo, Colorado this day of Kka, , 20 1' . � PERMITTEE: •...... • • T,S Organiz i n: Americ.., Caner Societ Great West Division Inc. • '•.O i '9 G icy �: i "'� BY: MPIP f > • ; Z3 ■ Title: Com nity Relationship Manager • • S � 4 3 F COLORAD )$ C 4�( ' . JGP.U %s ,CO,• • . c, fh The , `, tt n t was acknowledged before me the v day of ck , 20 / ti by c l e Wct t/ 1 S as 0 Y\A bh rA r, i lJ f K- -e (ci Q.(, -+ 1471 c, h o � \ My commission expires: / 1 iY aoi r 0 [SEAL] Cf LS? _L k, I .ry Public APPROVED this 24th day of March , 2014 PUEBLO, a Municipal Corporation BY / /. ! _' /. , . " hi • ICJ ent of the City Council F1 CA — 4/6/10 s ,, pi v, ; ;,4; „ , .,,,.. ip ,, , , :nil ,„ tot...t{ 4, 0, 4 1- 1, Th Wq-,A,,,,-.0A . - - .T .,:e --7- -,-, 'Ott' . 1 ''' %,44',/ .. 'V 4 ' A °, 1 r, ;,- 'flit: ::: *" ' 4 '''' ' At" ' 4.A 4, t Z ..4 s, ,,, di?' ..i ir 1 i pi 41. tt t � , , ,,,11 1 r tit ce �a 4 IF w �Rde r' w� 5 gi « �� ',:z. :> d C. � ' �. •.f t :�^. .: 3 , a n � }' i i � lez 4 ,1 ri ri t / r S f . �' I r , uI aAs.. ,' h ;. �.� , , ..0„,../ it A i, - : � `::�, 'f mac gr. 554 0 2/ coo ----3 MI i :-1 oo�o Iv ° � :0 `� m � O "'"' 11'71 z - G � o -I 7J > a) m 2 mot rn —co s 0°Z5° T � � z y C S S r ' ^. 7 G ; "' p•� r m 5 m a_ 8 d <R C —1 -1 o x < m r d 0 v O City of Pueblo RELAY 211 East D Street ��. FOR LIFE Pueblo, CO 81004 a American # Cancer February 25, 2014 �, >,Society To Whom It May Concern: The Committee representing Relay For Life of Pueblo would like to request the support of the City of Pueblo as they hold their annual Relay For Life event at Pueblo Community College on June 6 - 7, 2014. The mission of Relay For Life of Pueblo is to Celebrate cancer survivors, Remember those lost to the disease, and Fight Back through advocacy, awareness and fundraising. This family - friendly event promotes health and solidarity among the Pueblo community. The committee hereby requests the street closure of Orman Avenue, from Maryland Road to Arthur Road. A total of $ 550.00 will be remitted to the City: $50.00 for the street closure permit and $500.00 as the street closure deposit. Closure needs to begin at 10:OOam on June 6, 2014 and will expire at 10:00 am on June 7, 2014 to allow for event set -up, event take down and clean- up activities by the committee and other volunteers. If there are any questions, please contact Stacy Reavis, Judy Schill or Martin Santistevan. Contact information has been provided below. War regards, I (//4 Stacy R 'is American Cancer Society Relay For Life Specialist Stacv.Reavis@cancer.org 1445 N. Union Blvd. Colorado Springs, CO 80909 719 - 630 -4967 Judy Schill Relay For Life of Pueblo Event Chairperson relavforlifepueblo@yahoo.com Martin Santistevan Relay For Life of Pueblo Volunteer Logistics Chairperson krase721ife@ gmail.com American Cancer Society 1445 N. Union Blvd. Colorado Springs, CO 80909 p) 719 630 4960 f) 719.636.1480 Cancer Information: 1.800.227.2345 cancer.org RelayForLife.org 139199 A ® ® CERTIFICATE OF LIABILITY INSURANCE DATE / 10 / 2014 rn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alexander Mortimer NAME: Commercial Lines — (404) 923 -3700 PHONE FAX (A/C. No. Ext): 404- 923 3732 (A/C, No): 877 - 362 - 9069 Wells Fargo Insurance Services USA, Inc. E -MAIL d l a exaner.morti llfr o.COm mer wesa ADDRESS: alexandermortimer@wellsfargo.com 3475 Piedmont Road NE, Suite 800 INSURER(S) AFFORDING COVERAGE NAIC # Atlanta, GA 30305 -2886 INSURER A : Federal Insurance Company 20281 INSURED INSURER B : Pacific Indemnity Company 20346 American Cancer Society, Inc. INSURER C : 250 Williams Street INSURER D INSURER E : Atlanta, GA 30303 INSURER F : COVERAGES CERTIFICATE NUMBER: 7427946 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY 35943463 9/1/2013 9/1/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 2,500 PERSONAL & ADV INJURY $ 1,000.000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 25,000,000 X POLICY PRO JECT LOC PRODUCTS - COMP /OP AGG $ 2,000,000 OTHER: A AUTOMOBILE UABIUTY 73563471 09/01/2013 09/01/2014 COMBINED SINGLE LIMIT accident) $ 1,000,000 CO X ANY AUTO 73563476 -Puerto Rico BODILY INJURY (Per person) $ ALL OWNED SCHEDULED 73563477- Hawaii BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS x A TO US ED (Per acadentDAMAGE $ ) UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION 09/01/2013 09/01/2014 X STATUTE ER AND EMPLOYERS' UABIUTY Y / N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space Is required) Event: Relay For Life of Pueblo Location: Pueblo Community College, 900 West Orman Avenue, Pueblo, CO 81004 Date /me: 6/6/2014 at 10:OOam through 6/7/2014 at 9:OOam Certificate holder is included as an additional insured in accordance with the terms and conditions of the general liability policy. CERTIFICATE HOLDER CANCELLATION City of Pueblo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 City Hall Place ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01)