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AMENDED AND RESTATED LICENSE AGREEMENT FOR
CHANDLER OSTRICH FESTIVAL
THIS AMENDED AND RESTATED LICENSE AGREEMENT FOR OSTRICH FESTIVAL (the
“License”) is entered into on _____________, 2023, by and between the CITY OF CHANDLER,
an Arizona municipal corporation (“City”), the Chandler Chamber of Commerce, an Arizona
nonprofit corporation (“Chamber”), and Steve LeVine Entertainment & Public Relations (“SLE”)
(referred to individually as “Party” and collectively as “Parties”).
RECITALS
A.
Effective as of February 9, 2018, the City, Chamber, and SLE executed and delivered that
certain License Agreement for Chandler Ostrich Festival (the “Agreement”), whereby,
subject to the terms and conditions contained therein, the City granted a License to the
Chamber and SLE for the use of Tumbleweed Park (the “Park”), in an Event Area
(“Event Area”), the approximate location of which is described and shown in Exhibit A,
for the purpose of conducting an annual Ostrich Festival (“Festival”).
B.
The Parties executed a First Amendment to License Agreement for Chandler Ostrich
Festival effective August 19, 2021, which, among other things, granted the Chamber and
SLE an extension through 2024 and made available the option to operate a two-weekend
Festival under the License.
C.
The Parties wish to amend and restate the Agreement and extend the Festival through
2029 by executing this License, such that upon execution of this License, all obligations
and rights of the Parties moving forward shall be contained within this License, and the
Agreement and First Amendment shall be superseded, amended, and restated by this
License.
SECTION 1: GRANT OF LICENSE; FEES
1.1
Grant of License, Fees. The City grants the Chamber and SLE the right to use the Park and
Event Area for the dates and times in 2024, 2025, 2026, 2027, 2028, and 2029 as specified in this
License. The term “License” shall include and incorporate any exhibits to this License. The Parties
agree that for such use of the Event Area, the License Fee is One Dollar ($1.00) per Festival year
payable upon execution of this License. The Chamber and SLE acknowledge and agree that, in
addition to the License Fee, there are additional fees associated with the use of the Park and Event
Area as set forth herein.
1.2
Additional Fees. The City reserves the right to require additional fees associated with the
use of the Park and Event Area. Such additional fees or charges shall be paid on or before the
earlier of (i) twenty-one (21) days prior to the first date of the Chambers’ and SLE’s use of the
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Event Area for the Festival or (ii) no later than thirty (30) calendar days after the Chamber’s and
SLE’s receipt of an invoice requesting such fees or charges. The City shall provide an estimate of
all proposed additional fees and charges with respect to each Festival, which shall be pre-approved
in writing by Chambers and SLE in advance of each Festival. Both parties recognize that
substantial changes in the initial programming may result in additional fees.
Additional fees for equipment rentals, services, permits, and licenses may include, but are not
limited to:
a.
Equipment Rentals - Portable Stage
b.
Services - Utilities
c.
Permits - Open Flame, Carnival/Amusements
d.
License - Non-Profit Solicitor’s License, plus any other regulatory license or permit
required
e.
Clean up fees if Chamber & SLE do not clean Park adequately [see Subsection 1.3(g)].
f.
Repair Costs if damage occurs during Festival [see Subsection 1.3(h)]
1.3
License Time Period and Duties and Liability of SLE and Chamber Upon Completion of
Festival. The rights to use the Event Area shall be for the following License Time Periods:
a.
2024 Ostrich Festival
i.
Festival set up shall be allowed beginning no earlier than 6 a.m. on Sunday,
March 3, 2024.
ii.
Festival shall be allowed to operate from Friday, March 8, 2024, through
Sunday, March 10, 2024, and Friday, March 15, 2024 through March 17, 2024.
No public festival activities may take place March 11, 12, 13, and 14, 2024.
iii.
All post-Festival activity shall be finished, a n d all booths, vehicles,
materials, and all structures associated with the Festival shall be removed no
later than 5 p.m. on Wednesday, March 20, 2024.
iv.
SLE and the Chamber shall clean up the Park and Event Area, to the City’s
satisfaction, no later than 5 p.m. on Wednesday, March 20, 2024, and after
completion of the Post-Event Walkthrough as described in Section 1.4 of the
Agreement.
v.
Chamber and SLE must pay for all City fees and costs incurred by City for
staffing and operations of the Festival for the Festival activities taking place
during the second weekend of March 15-17, 2024. The additional costs that must
be paid by Chamber and SLE include but are not limited to, public safety
personnel and equipment (police officers, firefighters, EMTs, dispatchers,
vehicles, etc.) and traffic personnel and equipment (traffic engineer, traffic plans,
barricade company and equipment, road closure permit), stage rentals, utility
services, permits, licenses, repairs, and damages.
vi. All required insurance coverage must remain in effect during the entire duration
of the Festival.
b.
2025 Ostrich Festival
i.
Festival dates being held for 2025 are March 14-16, 2025 (weekend one), and
March 21-23, 2025 (weekend two).
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ii.
Chamber and SLE are required to notify City in writing of their intent to hold
one or two weekends of the festival by June 1, 2024. If only one weekend is
chosen, the chosen weekend must also be identified in the notification.
iii.
Festival set up shall be allowed beginning no earlier than 6 a.m.:
• On Sunday, March 9, 2025 – for weekend one only or both weekend usage;
• On Sunday, March 16, 2025 – for weekend two only usage.
iv.
Festival shall be allowed to operate from:
• Weekend One Only - Friday, March 14, 2025, through Sunday, March 16,
2025
• Both Weekends - Friday, March 14, 2025, through Sunday, March 16, 2025,
and Friday, March 21, 2025, through March 23, 2025. No public festival
activities may take place March 17, 18, 19, and 20, 2025.
• Weekend Two Only - Friday, March 21, 2025, through March 23, 2025
v.
All post-Festival activities shall be finished, and all booths, vehicles,
materials, and all structures associated with the Festival shall be removed no
later than 5 p.m.
• On Wednesday, March 19, 2025 – for weekend one only use; or
• On Wednesday, March 26, 2025 – for weekend two only or both weekend
usage.
vi.
SLE and the Chamber shall clean up the Park and Event Area to the City of
Chandler Cultural Development and Community Services Department's
satisfaction no later than 5 p.m. on either Wednesday, March 19, 2025, or
Wednesday, March 26, 2025, depending on weekend usage, and after
completion of the Post-Event Walkthrough as described in Section 1.4 of the
Agreement.
vii.
If two weekends are chosen for the 2025 Festival, the Chamber and SLE must
pay for all City fees and costs incurred by City for staffing and operations of the
Festival for the Festival activities taking place during March 21-23, 2025. The
additional costs that must be paid by Chamber and SLE include but are not
limited to, public safety personnel and equipment (police officers, firefighters,
EMTs, dispatchers, vehicles, etc.) and traffic personnel and equipment (traffic
engineer, traffic plans, barricade company and equipment, road closure permit),
stage rentals, utility services, permits, licenses, repairs, and damages.
viii. All required insurance coverage must remain in effect during the entire duration
of the Festival.
c.
2026 Ostrich Festival
i.
Festival dates being held for 2026 are March 13-15, 2026 (weekend one), and
March 20-22, 2026 (weekend two).
ii.
Chamber and SLE are required to notify City in writing of their intent to hold
one or two weekends of the festival by June 1, 2025. If only one weekend is
chosen, the chosen weekend must also be identified in the notification.
iii.
Festival set up shall be allowed beginning no earlier than 6 a.m.:
• On Sunday, March 8, 2026 – for weekend one only or both weekend usage;
• On Sunday, March 15, 2026 – for weekend two only usage.
iv.
Festival shall be allowed to operate from:
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• Weekend One Only - Friday, March 13, 2026, through Sunday, March 15,
2026
• Both Weekends - Friday, March 13, 2026, through Sunday, March 15, 2026,
and Friday, March 20, 2026, through March 22, 2026. No public festival
activities may take place March 16, 17, 18, and 19, 2026.
• Weekend Two Only - Friday, March 20, 2026, through March 22, 2026
v.
All post-Festival activities shall be finished and all booths, vehicles,
materials, and all structures associated with the Festival shall be removed no
later than 5 p.m.
• On Wednesday, March 18, 2026 – for weekend one only use; or
• On Wednesday, March 25, 2026 – for weekend two only or both weekend
usage.
vi.
SLE and the Chamber shall clean-up the Park and Event Area, to the City of
Chandler Cultural Development and Community Services Department's
satisfaction, no later than 5 p.m. on either Wednesday, March 18, 2026, or
Wednesday, March 25, 2026, depending on weekend usage, and after
completion of the Post-Event Walkthrough as described in Section 1.4 of the
Agreement.
vii.
If two weekends are chosen for the 2026 Festival, the Chamber and SLE must
pay for all City fees and costs incurred by City for staffing and operations of the
Festival for the Festival activities taking place during March 20-22, 2026. The
additional costs that must be paid by Chamber and SLE include but are not
limited to, public safety personnel and equipment (police officers, firefighters,
EMTs, dispatchers, vehicles, etc.) and traffic personnel and equipment (traffic
engineer, traffic plans, barricade company and equipment, road closure permit),
stage rentals, utility services, permits, licenses, repairs, and damages.
viii. All required insurance coverage must remain in effect during the entire duration
of the Festival.
d.
2027 Ostrich Festival
i.
Festival dates being held for 2027 are March 12-14, 2027 (weekend one), and
March 19-21, 2027 (weekend two).
ii.
Chamber and SLE are required to notify City in writing of their intent to hold
one or two weekends of the festival by June 1, 2026. If only one weekend is
chosen, the chosen weekend must also be identified in the notification.
iii.
Festival set up shall be allowed beginning no earlier than 6 a.m.:
• On Sunday, March 7, 2027 – for weekend one only or both weekend usage;
• On Sunday, March 14, 2027 – for weekend two only usage.
iv.
Festival shall be allowed to operate from:
• Weekend One Only - Friday, March 12, 2027, through Sunday, March 14,
2027
• Both Weekends - Friday, March 12, 2027, through Sunday, March 14, 2027,
and Friday, March 19, 2027, through March 21, 2027. No public festival
activities may take place March 15, 16, 17, and 18, 2027.
• Weekend Two Only - Friday, March 19, 2027, through March 21, 2027
v.
All post-Festival activities shall be finished, and all booths, vehicles,
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materials, and all structures associated with the Festival shall be removed no
later than 5 p.m.
• On Wednesday, March 17, 2027 – for weekend one only use; or
• On Wednesday, March 24, 2027 – for weekend two only or both weekend
usage.
vi.
SLE and the Chamber shall clean-up the Park and Event Area, to the City of
Chandler Cultural Development and Community Services Department's
satisfaction, no later than 5 p.m. on either Wednesday, March 17, 2027, or
Wednesday, March 24, 2027, depending on weekend usage, and after
completion of the Post-Event Walkthrough as described in Section 1.4 of the
Agreement.
vii.
If two weekends are chosen for the 2027 Festival, the Chamber and SLE must
pay for all City fees and costs incurred by City for staffing and operations of the
Festival for the Festival activities taking place during March 19-21, 2027. The
additional costs that must be paid by Chamber and SLE include but are not
limited to, public safety personnel and equipment (police officers, firefighters,
EMTs, dispatchers, vehicles, etc.), and traffic personnel and equipment (traffic
engineer, traffic plans, barricade company and equipment, road closure permit),
stage rentals, utility services, permits, licenses, repairs, and damages.
viii. All required insurance coverage must remain in effect during the entire duration
of the Festival.
e.
2028 Ostrich Festival
i.
Festival dates being held for 2028 are March 10-12, 2028 (weekend one), and
March 17-19, 2028 (weekend two).
ii.
Chamber and SLE are required to notify City in writing of their intent to hold
one or two weekends of the festival by June 1, 2027. If only one weekend is
chosen, the chosen weekend must also be identified in the notification.
iii.
Festival set up shall be allowed beginning no earlier than 6 a.m.:
• On Sunday, March 5, 2028 – for weekend one only or both weekend usage;
• On Sunday, March 12, 2028 – for weekend two only usage.
iv.
Festival shall be allowed to operate from:
• Weekend One Only - Friday, March 10, 2028, through Sunday, March 12,
2028
• Both Weekends - Friday, March 10, 2028, through Sunday, March 12, 2028,
and Friday, March 17, 2028, through March 19, 2028. No public festival
activities may take place March 13, 14, 15, and 16, 2028.
• Weekend Two Only - Friday, March 17, 2028, through March 19, 2028
v.
All post-Festival activities shall be finished and all booths, vehicles,
materials, and all structures associated with the Festival shall be removed no
later than 5 p.m.
• On Wednesday, March 15, 2028 – for weekend one only use; or
• On Wednesday, March 22, 2028 – for weekend two only or both weekend
usage.
vi.
SLE and the Chamber shall clean up the Park and Event Area, to the City of
Chandler Cultural Development and Community Services Department's
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satisfaction no later than 5 p.m. on either Wednesday, March 15, 2028, or
Wednesday, March 22, 2028, depending on weekend usage, and after
completion of the Post-Event Walkthrough as described in Section 1.4 of the
Agreement.
vii.
If two weekends are chosen for the 2028 Festival, the Chamber and SLE must
pay for all City fees and costs incurred by City for staffing and operations of the
Festival for the Festival activities taking place during March 17-19, 2028. The
additional costs that must be paid by Chamber and SLE include but are not
limited to, public safety personnel and equipment (police officers, firefighters,
EMTs, dispatchers, vehicles, etc.) and traffic personnel and equipment (traffic
engineer, traffic plans, barricade company and equipment, road closure permit),
stage rentals, utility services, permits, licenses, repairs, and damages.
viii. All required insurance coverage must remain in effect during the entire duration
of the Festival.
f.
2029 Ostrich Festival
i.
Festival dates being held for 2029 are March 9-11, 2029 (weekend one), and
March 16-18, 2029 (weekend two).
ii.
Chamber and SLE are required to notify City in writing of their intent to hold
one or two weekends of the festival by June 1, 2028. If only one weekend is
chosen, the chosen weekend must also be identified in the notification.
iii.
Festival set up shall be allowed beginning no earlier than 6 a.m.:
• On Sunday, March 4, 2029 – for weekend one only or both weekend usage;
• On Sunday, March 11, 2029 – for weekend two only usage.
iv.
Festival shall be allowed to operate from:
• Weekend One Only - Friday, March 9, 2029, through Sunday, March11,
2029
• Both Weekends - Friday, March 9, 2029, through Sunday, March 11, 2029,
and Friday, March 16, 2029, through March 18, 2029. No public festival
activities may take place March 12, 13, 14, and 15, 2029.
• Weekend Two Only - Friday, March 16, 2029, through March 18, 2029
v.
All post-Festival activities shall be finished and all booths, vehicles,
materials, and all structures associated with the Festival shall be removed no
later than 5 p.m.
• On Wednesday, March 14, 2029 – for weekend one only use; or
• On Wednesday, March 21, 2029 – for weekend two only or both weekend
usage.
vi.
SLE and the Chamber shall clean up the Park and Event Area to the City of
Chandler Cultural Development and Community Services Department's
satisfaction no later than 5 p.m. on either Wednesday, March 14, 2029, or
Wednesday, March 21, 2029, depending on weekend usage, and after
completion of the Post-Event Walkthrough as described in Section 1.4 of the
Agreement.
vii.
If two weekends are chosen for the 2029 Festival, the Chamber and SLE must
pay for all City fees and costs incurred by City for staffing and operations of the
Festival for the Festival activities taking place during March 16-18, 2029. The
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additional costs that must be paid by Chamber and SLE include but are not
limited to, public safety personnel and equipment (police officers, firefighters,
EMTs, dispatchers, vehicles, etc.) and traffic personnel and equipment (traffic
engineer, traffic plans, barricade company and equipment, road closure permit),
stage rentals, utility services, permits, licenses, repairs, and damages.
viii. All required insurance coverage must remain in effect during the entire duration
of the Festival.
g.
If SLE and Chamber fail to clean up the Park and Event Area to City's satisfaction
after the conclusion of the post-event walk-thru, City may perform any remaining
clean-up and invoice the Chamber and SLE for the cost for the clean-up. SLE and
Chamber can rectify cleaning failure during post-event walk-thru with City and
complete within established deadlines established by City.
h.
SLE and the Chamber shall be responsible for the cost of repairs for any damage to
the Park or Event Area arising out of or related to the Festival.
1.4
The Park and Event Area Use. During the License Time Periods specified in Section 1.3,
the Chamber and SLE may use the Event Area for the Festival activities specified herein and for
uses normally incident to such use but for no other purpose unless previously authorized by the
City in writing. The Chamber and SLE agree to take the Park and Event Area in “as is” condition,
and the Chamber and SLE agree to return the Park and Event Area in the same condition upon
termination of the Festival.
a.
The Parties agree that a representative from the City, the Chamber, and SLE
will attend a pre-event facilities walk-through (“Pre-Event Walk-Through”)
where the status of the facilities and the Park will be documented. Any existing
damage will be noted and will be signed off by the Parties. Annually, on the
Wednesday following the Festival at 12:00 noon, or after the Park and facilities
have been completely vacated, whichever occurs first, a representative from the
City, the Chamber, and SLE will attend a post-event facilities walk-through
(“Post-Event Walk-Through”) where the status of the facilities will be
documented, identifying any damage that occurred during the event. The City
will develop a remediation plan and the Chamber and SLE shall agree to the
remediation plan at that time. Should a SLE or Chamber representative not
attend the Pre-Event and/or Post-Event Walk-Throughs, the Chamber or SLE
representative in attendance will act on behalf of the non-attending Party and
the non-attending Party agrees to be bound by the terms of the remediation plan
under these circumstances. The City shall notify the Chamber and SLE within
thirty (30) days of the Post-Event Walk-Through of the repair costs from the
identified damage in the form of an invoice. The Chamber and SLE will have
30 days from invoice provided by the City to remit payment to the City. The
Chamber and SLE are jointly and severally liable for all repair costs under this
License.
1.5
Nature of License. The Chamber and SLE acknowledge and agree that the rights granted
by this License to enter upon and use the Park and Event Area are nothing more than a license
granted solely for the purpose of exercising their rights and performing their duties under this
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License. The execution of this License by SLE and the Chamber is for the sole purpose of creating
an independent contractor relationship for the purposes described herein, and nothing contained
herein shall create or be deemed to create a partnership, joint venture, or any other co-ownership
relationship between SLE, the Chamber and the City of Chandler. Nothing set forth in this License
creates a tenancy between the City and the Chamber, creates a tenancy between the City and SLE,
or grants the Chamber or SLE possession of any City property. The Chamber and SLE
acknowledge that the City may undertake improvements to the Park at any time. Should such
improvements impact the Event Area, the City will work in good faith with the Chamber and SLE
to identify alternative locations within the Park acceptable to all parties. If the Parties cannot agree
on alternative locations, this License shall terminate with no further obligations of any Party. Upon
termination of this License, the City shall have the right to remove and exclude from the Park and
Event Area or any other City property the Chamber and SLE and any of the Chamber’s and SLE’s
employees, contractors, or invitees without being deemed to have committed any unlawful entry,
trespass, or injury of any sort whatsoever.
1.6
City Staff. The City shall provide the Chamber and SLE with reasonable access to a venue
liaison and/or technical coordinator and “normal and customary support” as specified herein. Any
additional staff or equipment requested or required by the Chamber and SLE other than agreed to
herein will be paid for by the Chamber and SLE. Based on available resources, “normal and
customary support” shall be defined as the following for the Ostrich Festivals:
a.
Community Services - Sufficient staff to prepare the Park prior to the start of
event set up, including:
i.
Overseeding of grass within the Festival area.
ii.
Creating decomposed granite driveways on the promenade.
iii.
Trimming and watering all bushes and trees.
iv.
Barricading all utility boxes.
v.
Providing and setting up the Showmobile stage.
vi.
Provide two (2) banner holders at the Park for Chamber-provided signs.
vii.
The City will complete over-seeding and tree and bush watering, and all
other watering activities of the grass areas at least 14 days prior to load in.
b.
Traffic:
i.
Development and provision of an event traffic plan.
ii.
Provision of all traffic control equipment necessary to meet the event traffic
plan.
c.
Fire:
i.
One (1) on-duty company consisting of four (4) individuals, two of whom
will be paramedics.
ii.
Two (2) - person bike teams, of which one will be a paramedic.
iii.
One (1) command officer.
d.
Police:
i.
Average staffing of Seventy (70) – Eighty (80) officers distributed over the
course of the Festival to include appropriate command staff. Staffing levels
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may fluctuate depending on capacity of attendees established for festival.
e.
Cultural Development:
i.
Downtown Redevelopment Specialist or assigned representative will
provide the Chamber the opportunity to hang streetlight banners along the
Arizona Avenue/Downtown corridor.
ii.
The Chamber will work with Downtown Redevelopment Specialist or
assigned representative to schedule the installation and removal of the
streetlight banners.
iii.
The Chamber will incur all costs for the installation, removal, and printing
of the banners.
iv.
Providing a special events coordinator staff person for the duration of the
Festival.
1.7
City’s Policies and Procedures. The Chamber and SLE agree to observe and abide by the
terms and conditions of (i) this License and each exhibit hereto and (ii) all City laws and
regulations, policies, and procedures, including without limitation those approved by the City
Council, City Management, and City Fire, City Police, City Cultural Development and all
provisions of the City Charter and City Code.
1.8
Event Parking. The Parties agree that Tumbleweed Park’s on-site parking capabilities have
decreased and will continue to decrease in the future as portions of the Park are developed for the
City’s expanding recreation programs. Chamber and SLE agree to provide off-site parking and
shuttle service with adequate capacity to provide parking for the Festival’s reasonably anticipated
number of guests. Shuttles must begin to run one hour before Festival opening and continue
running until one hour after Festival closing times, and shuttle service must arrive at the designated
pick-up locations at least every quarter hour or the agreed upon posted times by both parties. The
Chamber and SLE must provide to the City a detailed parking plan at least three months in advance
of each Festival showing how the anticipated parking needs for the Festival will be accommodated,
including i) the locations of off-site parking facilities and all pick-up and drop-off locations and
times, and ii) the model, rider capacity, and number of shuttles that will be used.
1.9
Termination . The City reserves the right to terminate this License in its sole discretion and
without cause by providing the Chamber and SLE with a written notice of termination no later
than June 1 in advance of the next upcoming Festival.
1.10
Termination for Breach. A Party may terminate this Agreement in the event of a material
breach of any of its terms and conditions by the other party. The non-breaching party shall provide
written notice specifying the nature of the breach, and the breaching party shall have a cure period
of 30 days to remedy the breach. If the breach is not remedied within the cure period, the non-
breaching party may terminate the Agreement with immediate effect.
SECTION 2: REQUIRED CONDITIONS BEFORE THE FESTIVAL
2.1
No later than twenty-one (21) days at 5:00 p.m. prior to the Festival’s first set up dates set
forth in Section 1.3(a-f), SLE and the Chamber shall submit to the City the information required
in Exhibit B, attached hereto, and incorporated herein.
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The City reserves the right in the interests of the protection of the public’s health, safety, and
welfare to prohibit or shut down activities not set forth in this License and in compliance with the
submitted information. The City will sign off and date, in writing, all submitted SLE and Chamber
plans and details. Once that sign-off has occurred, SLE and Chamber will be prohibited from
altering the plans and details submitted and approved by the City unless the City approves any
change in writing. Any changes without these written approvals shall be unauthorized.
SECTION 3: INSURANCE
3.1
Insurance.
a.
No later than sixty (60) days prior to the set-up dates set forth in Section 1.3(a-
f) SLE and the Chamber shall furnish City a certificate of insurance on a
standard insurance industry ACORD form. The ACORD form must be issued
by an insurance company authorized to transact business in the State of Arizona
possessing a current A.M. Best, Inc. rating of A-7 or better and legally
authorized to do business in the State of Arizona, with policies and forms
satisfactory to the City. Provided, however, the A.M. Best rating requirement
shall not apply to required workers’ compensation coverage.
b.
SLE and the Chamber shall procure and maintain, until all of their obligations
have been discharged, including any warranty periods under this License, the
insurance set forth below.
c.
The insurance requirements set forth below are minimum requirements for this
License and in no way limit the indemnity covenants contained in this License.
d.
The City in no way warrants that the minimum insurance limits contained in
this License are sufficient to protect SLE and the Chamber from liabilities that
might arise out of the performance of activities under this License by SLE, its
agents, representatives, employees, or subcontractors, and SLE is free to
purchase any additional insurance as it may determine necessary.
e.
Failure to demand evidence of full compliance with the insurance requirements
in this License or failure to identify any insurance deficiency will not relieve
SLE and the Chamber from, nor will it be considered a waiver of their
obligation to maintain the required insurance at all times during the
performance of this License.
f.
Use of Subcontractors: If any work is subcontracted in any way, SLE and the
Chamber shall execute a written agreement with subcontractor containing the
same indemnification clause and insurance requirements as the City requires of
the Chamber and SLE in this License, except subcontractors’ requirements for
commercial liability insurance shall be a limit of not less than One Million
Dollars ($1,000,000) for each occurrence, Two Million Dollars ($2,000,000)
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aggregate, with coverage for death, personal injury, property damage,
operations, independent contractors, products, completed operations, and
advertising injury. Unless a subcontractor is providing alcoholic beverages
during the Festival, such subcontractor shall not have to provide liquor liability
coverage. SLE and the Chamber are responsible for executing the written
agreement with the subcontractor, obtaining certificates of insurance, and
verifying that the subcontractor meets the insurance requirements.
3.2
Minimum Scope and Limits of Insurance.
SLE and the Chamber shall provide coverage
with limits of liability not less than those stated below.
a.
Commercial General Liability-Occurrence Form. SLE and the Chamber must
maintain “occurrence” form commercial general liability insurance with a limit
of not less than Five Million Dollars ($5,000,000) for each occurrence, Six
Million Dollars ($6,000,000) aggregate, with coverage for death, personal
injury, property damage, operations, independent contractors, products,
completed operations, and advertising injury. If any excess insurance is utilized
to fulfill the requirements of this paragraph, the excess insurance must be
“follow form” equal or broader in coverage scope than underlying insurance.
i.
Liquor Liability Coverage. In addition, SLE and the Chamber must
maintain liquor liability coverage either through a separate policy or a
special endorsement upon the commercial general liability policy described
above. Such coverage shall be in a minimum amount of Five Million Dollars
($5,000,000) per occurrence for the contract year.
b. Automobile Liability - Any Auto or Owned, Hired, and Non-Owned Vehicles
Vehicle Liability: SLE and the Chamber must maintain business/automobile
liability insurance with a limit of One Million Dollars ($1,000,000) for each
accident on SLE or Chamber-owned, hired, and non-owned vehicles assigned to or
used in the performance of SLE’s or the Chamber’s work or services under this
License. If any excess or umbrella insurance is utilized to fulfill the requirements
of this paragraph, the excess or umbrella insurance must be “follow form” equal or
broader in coverage scope than underlying insurance.
c. Workers Compensation and Employers Liability Insurance: SLE and the Chamber
must maintain Workers’ Compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of SLE and Chamber employees
engaged in the performance of work or services under this License and must also
maintain employers’ liability insurance of not less than One Hundred Thousand
Dollars ($100,000) for each accident, One Hundred Thousand ($100,000) disease
for each employee and Five Hundred Thousand ($500,000) disease policy limit.
3.3
Additional Policy Provisions Required.
a. Self-Insured Retentions and Deductibles. Any self-insured retentions and
deductibles must be declared and approved by the City. If not approved, the City
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may require that the insurer reduce or eliminate any deductible or self-insured
retentions with respect to the City, its officers, officials, agents, employees, and
volunteers.
b. City as Additional Insured. The policies described above are to contain, or be
endorsed to contain, the following provisions:
i.
The commercial general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions: the City, its
officers, officials, agents, volunteers, and employees are additional insureds
with respect to liability arising out of activities performed by, or on behalf
of, including the City’s general supervision of, products and completed
operations of, and automobiles owned, leased, hired, or borrowed by.
ii.
Insurance must contain broad form contractual liability coverage and must
not exclude liability arising out of explosion, collapse, or underground
property damage hazards (“XCU”) coverage.
iii.
The City, its officers, officials, agents, volunteers, and employees must be
additional insureds to the full limits of liability purchased by SLE or the
Chamber, even if those limits of liability are in excess of those required by
this License.
iv.
SLE and the Chamber’s insurance coverage must be primary insurance with
respect to the City, its officers, officials, agents, volunteers, and employees.
Any insurance or self-insurance maintained by the City, its officers,
officials, agents, volunteers, and employees shall be in excess of the
coverage provided by SLE and the Chamber and must not contribute to it.
v.
SLE and the Chamber’s insurance must apply separately to each insured
against whom claim is made, or suit is brought, except with respect to the
limits of the insurer’s liability.
vi.
Coverage provided by SLE and the Chamber must not be limited to the
liability assumed under the indemnification provisions of this License.
vii.
The policies must contain a waiver of subrogation against the City, its
officers, officials, agents, volunteers, and employees for losses arising from
work performed by SLE and/or the Chamber for the City.
viii.
If a certificate of insurance is submitted as verification of coverage, the City
will reasonably rely upon the certificate of insurance as evidence of
coverage, but this acceptance and reliance will not waive or alter in any way
the insurance requirements or obligations of this License. If any of the
required policies expire during the life of this License, SLE and the
Chamber must forward renewal or replacement certificates to the City
within ten (10) days after the renewal date containing all the necessary
insurance provisions.
ix.
All certificates must include a thirty (30)-day advance notice of cancellation
provision. If the ACORD Certificate of Insurance form is used, the phrases
in the cancellation provision “endeavor to” and “but failure to mail such
notice shall impose no obligation or liability of any kind upon the company,
its agents or representatives” must be deleted. Certificate forms other than
the ACORD form must have similar restrictive language deleted.
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1. SLE and the Chamber shall provide evidence of such certificates of
insurance and coverage by submitting such evidence to the City no
later than sixty (60) days prior to the Festival set up dates set forth
in Section 1.3(a-f) for each annual Festival in a form acceptable to
the City.
2. SLE and the Chamber agree to obtain and keep in full force and
effect the insurance coverage required herein from:
a.
2024: March 3, 2024, at least and until March 20, 2024, for
the 2024 Ostrich Festival;
b. 2025: March 9, 2025, at least and until March 26, 2025, for
the 2025 Ostrich Festival;
c.
2026: March 8, 2026, at least and until March 25, 2026, for
the 2020 Ostrich Festival;
d. 2027: March 7, 2027, at least and until March 24, 2027, for
the 2027 Ostrich Festival
e.
2028: March 5, 2028, at least and until March 22, 2028, for
the 2028 Ostrich Festival.
f.
2029: March 4, 2029, at least and until March 21, 2029, for
the 2029 Ostrich Festival.
3.4
The City reserves the right at its sole discretion to change any of the insurance provisions
of this License as set forth in this Section 3 of the License prior to every annual Ostrich Festival.
3.5
The Chamber will provide the City a comprehensive list of community benefits no later
than 60 days after the last day of the Ostrich Festival each year. Refer to Exhibit C for a list of
benefits that may be included, but not limited to, each year.
SECTION 4: INDEMNIFICATION
4.1
Indemnification. To the fullest extent permitted by law, SLE and the Chamber, and their
respective successors, assigns, and guarantors, shall defend, indemnify, and hold harmless City
and any of its elected or appointed officials, officers, directors, commissioners, board members,
agents, volunteers, or employees from and against any and all allegations, demands, claims,
proceedings, suits, actions, and damages, including, without limitation, property damage,
environmental damages, personal injury and wrongful death claims, losses, expenses (including
claim adjusting and handling expenses), penalties and fines (including, but not limited to,
reasonable attorney’s fees, court costs, and the cost of appellate proceedings), judgments or
obligations, which may be imposed upon or incurred by or asserted against the City by reason of
this Contract or the services performed or permissions granted under it, or related to, arising from
or out of, or resulting from any negligent or intentional actions, acts, errors, mistakes or omissions
caused in whole or part by SLE or the Chamber, or any of their respective subcontractors, or
anyone directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable, relating to the discharge of any duties or the exercise of any rights or privileges arising
from or incidental to this Contract, including but not limited to, any injury or damages claimed by
any of SLE’s or the Chamber’s, or their respective subcontractors’ employees. In no event shall
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the City be liable for any indirect, consequential, or incidental damages or lost profits arising out
of this License.
SECTION 5: COMPLIANCE WITH LAWS, POLICIES AND PROCEDURES
5.1
Compliance with Laws. The Chamber and SLE shall comply with all laws, policies and
procedures, regulations, safety and fiscal procedures, laws, ordinances, and statutes applicable to
the use of the Park and Event Area. These shall include, without limitation: (a) obtaining all
applicable permits and licenses, (b) paying all applicable taxes, (c) complying with all the terms
set forth in Exhibit B of this License, and (d) all other reasonable requirements of the City.
5.2
Dangerous Use. If the City reasonably determines, in its sole discretion, that the use to
which the Park and Event Area shall be put by the Chamber and SLE will or is likely to create a
dangerous or unsafe condition or will or is likely to create a condition improper, incendiary or
dangerous to the public health, safety or morals, or will or is likely to endanger or deteriorate the
Park and the Event Area or any part thereof by fire, water, or other means of any nature, or if the
Chamber or SLE violates any of the provisions hereof, then and in that event the Chamber and
SLE agree that this License may be summarily canceled by the City without any advance notice
whatsoever to the Chamber or SLE. In the event of cancellation of this License, the Chamber and
SLE understand and agree that no liability whatsoever shall attach to the City by reason of such
cancellation.
5.3
Non-Permitted Activities and Vendors. Absolutely no motorized sports events shall be
allowed at the Festival other than those rides or events specifically agreed to in writing in the
submissions required in Exhibit B. Once the City has received Exhibit B and agreed to the events
in writing, no events, rides, performances, or anything of the like shall be allowed thereafter unless
agreed to in writing by the Parties and incorporated herein. Any effort to provide such
entertainment shall not be allowed, and the City will invoke its authority to shut down the
entertainment or activity.
5.4
Non-Discrimination. The Chamber and SLE, in their use of the Park and Event Area, shall
not discriminate against any person, entity, or group because of age, race, sex, creed, color,
religion, or national origin, nor otherwise commit an unfair employment practice. The Chamber
and SLE shall comply with the Americans with Disabilities Act.
5.5
Drug-Free Work Program. The Chamber and SLE are hereby advised that the City has
adopted a policy establishing a drug-free workplace for itself and as a requirement for sellers-
contractors doing business with the City to ensure the safety and health of employees working on
City license agreements, contracts, and/or projects. Failure of the Chamber or SLE to require a
drug-free workplace in accordance with the City’s policy may result in termination of this License.
SECTION 6: GENERAL CONDITIONS
6.1
Force Majeure. Failure to perform by City due to a force majeure event shall not be deemed
a violation or breach of this License. A force majeure event may include, without limitation:
fire, flood, earthquake, strikes or work stoppages, pandemic, contractor’s failure to perform, any
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interruption of utility services, suspension or interference with performances caused by acts of
God or acts of public enemy, riots or similar occurrences, and order of court or administrative
agencies, including orders of the City Police Department, City Fire Department, Arizona
Governor’s Office, or other federal, state, or local health authority, including the United States
Centers for Disease Control and Prevention, the Arizona Department of Health Services, and the
Maricopa County Department of Public Health. In the event of a force majeure event as described
herein, this License shall terminate during the duration of the Force Majeure event, and SLE
and the Chamber shall only be required to pay any and all fees charged for the use of the Park and
Event Area up to the time of such termination. The City shall have no liability for any costs,
expenses, or other liability incurred by the Chamber or SLE as a result of such force majeure
event.
6.2
Entire Agreement: Amendments. This License, any exhibits to this License, and the City’s
charter, code, policies, procedures, and regulations constitute the entire agreement of the Parties
with respect to the subject matter hereof and except as otherwise specified in this License, all prior
and contemporaneous agreements, representations, negotiations, and understandings of the Parties
are superseded by and merged into this License. Any modifications, additions, or other
amendments to this License must be in writing and signed by the Parties.
6.3
Assignment. The Chamber and SLE shall not assign or otherwise transfer this License or
any of its rights or duties under this License without first obtaining the written consent of the City,
which may be granted or denied at the City’s sole discretion. Any assignment, transfer, pledge, or
mortgage of this License by the Chamber or SLE or by operation of law in violation of this Section
6.3 shall be void.
6.4
Attorney’s Fees. In the event any action at law or equity shall be instituted between the
Parties in connection with this License, the Party prevailing in such action shall be paid from the
other Party all of its costs, including reasonable attorney’s fees and court costs.
6.5
Authorization. The Parties represent and warrant that the persons executing this License
on their behalf have full authority to bind the respective Parties.
6.6
Captions. The captions used in this License are for convenience only and are not a part of
this License, and do not limit or amplify the terms and provisions hereof.
6.7
Construction of License. This License has been arrived at by negotiation between the City
and the Chamber and SLE. As such, any rule of construction to the effect that ambiguities are to
be resolved against the drafting Party shall not be employed in the interpretation of this License.
Further, the language in all parts of this License shall in all cases be construed as a whole and in
accordance with its fair meaning.
6.8
Governing Law. This License shall be governed by and construed under the laws of the
State of Arizona, including the applicability of A.R.S. § 38-511. If any action is brought to
construe, interpret, or enforce any provision of this License, the Parties irrevocably consent to
exclusive jurisdiction and venue in Maricopa County, Arizona.
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6.9
No Third-Party Beneficiaries. The City, SLE, and the Chamber acknowledge and agree
that the terms, provisions, and conditions hereof are for the sole benefit of, and may be enforceable
solely by, the Parties. No third-party beneficiaries are intended to be created under this License.
6.10
Severability. If any provision of this License is declared invalid, illegal, or unenforceable,
that provision shall be severed from the License, and the remaining provisions shall otherwise
remain in full force and effect to the fullest extent permissible by law, except if the remaining
portions of the License do not provide one or both of the Parties with the essential consideration
for entering into this License.
6.11
Successors and Assigns. Except as provided in Section 6.3 above, all of the terms and
conditions of this License shall inure to the benefit of and shall be binding upon the successors in
interest of each of the Parties hereto.
6.12
Surviving Provisions. The provisions of this License wherein a Party has explicitly
indemnified, made warranty, or made representations to the other Party shall survive the expiration
or earlier termination of this License.
6.13
Notices. Except as otherwise required by law, any notice, demand or other communication
required to be given by this License (each, a “Notice”) shall be in writing and shall be given by (i)
personal delivery; (ii) by certified or registered U.S. Mail, return receipt requested; or (iii) by any
nationally recognized express or overnight delivery service (e.g., FedEx or UPS), with all postage
and other delivery charges prepaid and addressed to the Parties at their respective addresses set
forth below, or at such other address as a Party may designate in writing pursuant to the terms of
this paragraph:
STEVE LeVINE ENTERTAINMENT &
PUBLIC RELATIONS
CHAMBER OF COMMERCE
Contact Person: Steve LeVine
Terri Kimble
Address:
7819 E. Paradise Ln
101101 W. Commonwealth Ave.
Scottsdale, AZ 85260
Chandler, AZ 85225
Office:
(480) 284-6033
(480) 963-4571
Email Address: steve@slentertainment.com
terri@chandlerchamber.com
CITY OF CHANDLER – CULTURAL DEVELOPMENT
Hermelinda Llamas
P.O. Box 4008, MS 498
Chandler, AZ 85244
Office: (480) 782-2665
Cell:
(480) 276-0285
Email Address: hermelinda.Llamas@chandleraz.gov
Email communications shall not constitute sufficient legal notice under this License.
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6.14
Waiver Not Implied. No waiver may be used for the sake of convenience only but by a
Party of a breach of any of the terms, covenants, or conditions of this License shall be construed
or held to be a waiver of any succeeding or preceding breach of the same or any other term,
covenant, or condition herein contained.
6.15
Time of Essence. Time is of the essence in this License and each provision hereof.
6.16
Remedies.
a.
Cumulative Remedies. In addition to any other rights or remedies, any of the Parties
may institute legal action to cure, correct, or remedy any default, to enforce any
covenant or agreement herein, or to enjoin any threatened or attempted violation,
including suits for declaratory relief, injunctive relief, specific performance, relief
in the nature of mandamus, and actions for damages. All of the remedies described
above shall be cumulative and not exclusive of one another, and the exercise of any
one or more of the remedies shall not constitute a waiver or election with respect to
any other available remedy. The provisions of this section are not intended to
modify any other provisions of this License and are not intended to provide
additional remedies not otherwise permitted by law.
b. Penalties for Noncompliance with Deadlines. In addition to any of the remedies
outlined above, the City may impose the following monetary penalties for the other
Parties’ late submission of items and information required by this License. The
penalties shall be paid with the late submittal of the item or information, or the City
will not accept the item or information:
i.
$100 per late item or piece of information submitted 24 hours or any part
thereof after 5:00 p.m. Mountain Standard Time on the date of the deadline.
ii.
$200 per late item or piece of information submitted more than 24 hours but
less than 72 hours after 5:00 p.m. Mountain Standard Time on the date of
the deadline.
iii.
$400 per late item or piece of information submitted more than 72 hours but
less than 144 hours after 5:00 p.m. Mountain Standard Time on the date of
the deadline.
iv.
$800 per late item or piece of information submitted more than 144 hours
but less than 168 hours after 5:00 p.m. Mountain Standard Time on the date
of the deadline.
v.
$800 per late item or piece of information submitted more than 168 hours
after 5:00 p.m. Mountain Standard Time on the date of the deadline PLUS
$200 per 24-hour period (or portion thereof) after 168 hours from 5:01 p.m.
Mountain Standard Time on the date of the deadline.
Remainder of page left intentionally blank
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EXHIBIT A
Tumbleweed Event Area
The map attached below is a depiction of the general location of Festival activities. City will provide
Chamber and SLE an updated Tumbleweed Park event area map each year of the agreement on June 1.
Due to the planned construction changing from year to year, this will allow all parties to have the most
current information available for the planning of the upcoming year.
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EXHIBIT B
OSTRICH FESTIVAL LICENSE AGREEMENT 2024-2029
By the applicable deadline as set forth in Section 2, SLE and the Chamber shall provide to the City
the following:
I.
Production Packet.
a. Basic Event Information
i. Event Hours of Operations
ii. Ticket Prices
iii. Parking Prices
iv. Event Website
b. Event Load-In and Load-Out Schedule
c. Gate Operations
i. Description of On-Site Operations
1. Process for Ticket Sales
2. Process for Entrance/Ticket Verification
3. Process for Counting Tickets/Admission
4. Process for Exiting Count
5. Wi-Fi Capabilities
ii. Description of Secondary Operations Plan
1. Should Wi-Fi Capabilities be Disconnected
d. Entertainment
i. Listed Schedule of Stage Performances per each Stage
ii. Description of Entertainment
iii. Diagrams/Schematics of Stage Construction
e. Activities, Programs, Demonstrations
i. Listed Schedule of Activities, Programs, and Demonstrations
ii. Individual Synopsis of each activity, program, and demonstration:
1. Name/Title
2. Company providing item
3. Description
4. Fee/Cost to Participate or View
5. Individual Rendering/Diagram of Set-up Area
a. Dimensions of footprint, equipment, canopies, etc.
6. If Anchoring is Required:
a. Provide Requested Mechanism to Anchor
b. Manufacturer Specifications
c. Wind Tolerances, When Applicable
f. Event Site Layout
i. Public Layout
1. Layout to be used with the Public attending the event
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2. Layout/Key must include:
a. Parking Locations
b. Ride Share Location
c. Ticket Booth Sales
d. Entrances/Exits
e. Stages
f. Event Information Booth
g. VIP Area
h. First Aid Location
i. Event Fence Line
j. Portable Restrooms
k. ATMS
l. Activities, Programs and Demonstrations
m. General Vendor Locations
n. General ID Checks and Liquor Sales Locations
ii. Operational Layout
1. Layout to be used by Producer and City Staff
2. Layout/Key must include:
a. Entrances/Exits - Public and Staff
b. Emergency Exits
c. Event Infrastructure
i. Fencing
ii. Entrance Barricades
iii. Stage Aisle/Barricades
iv. Stages
v. Stage Back of House
vi. Stage Front of House
vii. Light Towers
viii. Portable Restrooms
ix. Trash Receptacles
x. Tents/Canopies
xi. ATMs
xii. Beer, Liquor and Wine Locations
xiii. Vendor Locations
xiv. Street Closures
xv. VIP Set-Up
d. Festival Operations Headquarters
e. First Aid Tents/Location
f. Event Information Booths
g. All Activities, Programs, and Demonstrations Locations
h. Parking Locations - Public and Staff
i. Ride Share Locations
g. Security Plan
i. Company Details
1. Name
2. Security Agency License
3. Point Person/Phone Number
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4. Description of Staff’s Work Attire
ii. Staffing Levels for the Festival:
1. Broken Down by Set-up, Festival, and Teardown
2. Including Shift Times and Number of Staff per Shift
3. Layout of Staff Positions
4. Description of Positions’ Responsibilities
iii. List of Prohibited Items
iv. Samples of Event Credential Access
h. Emergency Plans
i. General Emergency Action Plan
1. Emergency Contacts – Name/Phone Numbers
2. Evacuation Procedures for:
a. Fire
b. Bomb Threats
c. Other Emergencies
d. Active Shooter
ii. Crowd Management Plan
1. Provide required information per current Fire Code
a. Include, but not limited to:
i. Name/Contact of Lead Crowd Manager
ii. Number of Identified Crowd Managers
iii. Identify of crowd managers – i.e., staff, volunteers,
security, etc.
iv. Description of duties/expectations
iii. Emergency Plan Layout
1. Include:
a. All Entrances/Exits
b. Emergency Exits
c. Fencing
d. Stage Barricades
i. Parking and Traffic
i. Parking Company Details
1. Name
2. Point Person/Phone Number
3. Description of Staff’s Work Attire
ii. Description of Parking Plan
1. Shift Numbers and Duties of Staff
2. Staff Allocation by Parking Lots
3. On-Site Practices
a. General Public
i. How Lot Closures are to be Managed
b. Ride Share
c. Staff/Vendors
d. Entertainment
4. Overflow/Alternative Off-Site Parking
a. Locations
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b. Times In Use
c. How/When It’s Implemented
d. How It’s Integrated into On-Site Practices
iii. Layout of Parking Lots
1. Lot Identification Names/Numbers
2. Staffing Positions’ Locations
3. Pedestrian Control Fencing/Barricade
4. Ingress/Egress Routes
iv. Sample of Parking and Road Closure Passes
v. Dust Control
1. Dust Control Maintenance Plan
a. Include:
i. Water Trucks
ii. Street Sweepers
iii. Maintenance of Entrances/exits
2. Permit/Approval from Maricopa County Air Quality Department, if
necessary
vi. Traffic Company Details
1. Name
2. Point Person/Phone Number
vii. Traffic Control Plan
1. Approved Traffic Control Plan
2. Uploading of Traffic Control Plan and Road Closure Permit through
City Portal
viii. Ryan Road Access
1. Ryan Road County Permit (City to apply for permit, Chamber to
include in packet)
2. Railway Museum Access Form – Signed by Licensee and Railway
Museum Point Person
j. Canopies/Tents
i. Canopy/Tent Application Form
1. Complete Form and Include Any Structure 400 Square Feet or More
2. Provide the Following for Each Canopy/Tent Listed on Form:
a. Staking Plan
b. Flame Retardant Certificate
3. Canopies/Tents Permit
a. Receipt of Payment for Permit Through City Portal
b. Payment is Only Required for Canopies/Tents 800 Square
Feet or More
4. Canopy/Tent Sizes
a. Include the Sizes of the Canopies/Tents on the Final Event
Layout
k. Vendors
i. Registration Form (Will Remain in Google Drive)
1. All Vendors are Placed on the Google Drive Form
a. Includes Nonprofits, Informational, Food and Beverages,
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Merchandise Sales, Sponsors, etc.
2. Contact Information, Booth Types, TPT Numbers, and Chandler
Business Registration Numbers need to be Included, Where
Applicable
ii. Open Flame Permit
1. Receipt of Payment for Permit Through City Portal
iii. Food & Beverage Open Flame Vendor Application Form (Will be
Submitted by Drop Box)
1. Completed Forms by All Vendors with Food, Snacks, and
Beverages
iv. Layout
1. Detailed Layout with Each Vendor Identified by Name/Numbering
2. List of the Vendors Corresponding to Layout with:
a. Booth Name
b. On-Site Point Person
c. Cell Phone Number
l. Liquor License
i. Copies of License Certificates for City of Chandler and State of Arizona
m. General Operations
i. Neighborhood Notifications
1. Provide Sample of the Notifications to be Distributed to
Surrounding Neighbors of Road Closures and Event Information
2. Distribute no later than 10 days prior to the first day of the festival
ii. Certificate of Insurances (per Requirements in Section 3)
1. Event/Licensee
2. Individual Companies of Program, Activities, Infrastructure, Etc.
iii. Festival Contact List
1. Contact Name/Cell Phone Numbers of All Relative Staff,
Attractions, and Subcontractor at the Festival
II.
Information Provided to City. No later than thirty (30) days after the final day of the
festival, Chamber and SLE shall provide the below information to the City:
a. Post-Event Operations
i. Total Event Attendance and Parking Numbers for the Event
ii. A Breakdown of the Event Attendance by:
1. Hour by Hour Gate
2. Total for Employees/Staff
3. Total for Vendors/Volunteers
4. Total for Tickets Sold
5. Total for Complimentary Tickets
iii. A Breakdown of the Parking Numbers by:
a. On-Site Public Vehicles Parked by Days
b. Off-Site Public vehicles Parked by Days
III.
Operative Provisions, Guidelines, and Directives. Licensee shall ensure the following
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provisions, guidelines and directives are operative during the Event:
a. A current annual inspection sticker and/or inspection report for each
amusement/activity must be on file with UL. Further, a copy must be available on-site
for the Fire Department to review when the rides are set up or upon the initial inspection
at the festival.
b. All amusement/activities must have a fire extinguisher mounted near operators control
panel. Each extinguisher must have affixed, a current annual service tag provided by a
certified company.
c. Access roadway leading to recreational vehicles parked on site to be continuously kept
clear of all obstructions.
d. All non-approved vehicles must be removed from the event area 30 minutes prior to
event opening.
e. All food service units shall have a 2a-10bc UL minimum rated fire extinguisher
mounted in the unit. Each extinguisher must have affixed a current annual service tag
provided by a certified company. All units with overhead fire extinguishing systems
shall have a tag on the system indicating that the system was inspected and serviced by
a certified company within the preceding six (6) months. An open flame permit for
cooking of food(s) is required by the Fire Code at a cost $85.00. Licensee will purchase
one permit to cover all food vendors in attendance at the Event. Licensee will assume
all responsibilities that each food vendor abides by all regulations set forth by currently
adopted IFC.
f. Fire inspections will be conducted prior to the opening of the festival on a pre-
determined date and time agreed upon by both parties. Any vendor not in compliance
with currently adopted International Fire Code (IFC) requirements may be asked to
vacate festival.
g. Propane gas tank(s) used for cooking in the food area shall be secured to prevent the
tank(s) from being knocked over.
h. Additionally, the City will not allow open flames for cooking or entertainment unless
the activity meets currently adopted International Fire Code (IFC) requirements. Any
entertainer using open flames must perform on a non-combustible surface, with
spotters equipped with fire extinguishers and a fenced separation of not less than 20
feet. All vendors must comply with the IFC and City requirements. If re-inspection is
needed to non-complying areas, the City will be charging re-inspection fees.
i. Tents and canopies shall be a minimum of 20 feet apart and have the current flame
retardant certification available for review during the inspection period. Tent
inspection and permit fee is required for any tent of 800 square feet or more. The fees
Page 26 of 28
are $170.00 for the first tent or canopy and $40.00 for each additional tent or canopy.
Tents in size of 100 square feet (10 x 10 or commonly referred to as "pop-ups") may
be placed in a row as long as a minimum of five feet separate each tent. If 8 or more
tents (10 x 10) are placed together and are attached to each other, they must follow the
requirements set forth monitoring a canopy of 800 square feet.
j. All tents and canopies must be secured via weights; ground stakes are prohibited, on
asphalt and concrete; but stakes are allowed on grass and/or dirt areas with the locations
approved by the City of Chandler Parks Division.
k. Artistic performances during the festival involving open flames may be permitted
provided that they are first reviewed and approved by the Fire Department. These
performances must be stationary such as on a stage and must meet the requirements of
the IFC, The National Fire Protection Association 160 and any applicable city
ordinances and amendments. Some of these requirements included but are not limited
to fire extinguishers positioned on stage, extinguishers manned by non-performers, the
audience kept twenty feet from the performance, etc. Roving theatrical performances
involving open flames throughout the crowds are not permitted due to the possible
impact on public safety. There are no exceptions to this.
l. Fire and Police assets are in place and ready to conduct operations at least 15 minutes
prior to the scheduled opening time. The public opening shall only be held up if Fire
and/or Police deem on issue the event grounds as unsafe to the public. Fire and/or
Police liaisons on duty in the command post will notify Licensees of the issue to keep
the event opening delayed. Gates will be held until the issue is resolved or deemed safe
for the public to enter. Licensee shall provide a high-quality professional grade radio
with at least one spare battery per radio for each operational area of the Festival,
including all parking and event staff on duty and the command post for the duration of
the Festival.
m. All final activities planned at the Event shall be reviewed and approved by the City of
Chandler Special Events Committee no later than the deadlines set in Section 2. Any
events submitted after that date shall not be allowed to operate at the Festival. The final
decision concerning events submitted after this period may be reviewed by the
individual City personnel or departments applicable and will be at the sole discretion
of the City of Chandler.
n. Licensee and the City agree that if the City believes that a vendor or event may
seriously impact public safety, the City Fire or Police Department has the authority to
immediately cause that activity to stop. If necessary, the vendor/ entertainer will be
directed to leave the venue. In these rare cases, the City Fire or Police Department will
immediately notify Licensee of the name of the vendor/event and the reason for the
cease-and-desist action.
o. The City of Chandler though the Fire and Police Departments reserves the right to
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suspend festival activities should environmental conditions become a threat to public
safety. These conditions include but are not limited to:
i.
Thunder audible at the venue
ii.
Lightning suspected or estimated to be within 15 miles of the venue
iii.
Wind speeds exceeding minimum safe tolerance for rides, including
inflatable attractions as indicated by ASTM standards or the specific rides
safety information
iv.
Civil unrest
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EXHIBIT C
The Chamber and SLE will use best efforts to provide yearly community benefits including but
not limited to;
1.
Supporting volunteer groups and local non-profits by offering different opportunities (paid
and unpaid), throughout the festival.
2.
Offer internships or volunteer opportunities for local students interested in event
management, marketing, or related fields.
3.
STEAM activities at no additional charge.
4.
Supporting music and arts - kids, teens and adults.
a.
Offer slots for local and community bands, dance troupes, theater groups,
individual performers and artists to perform and be featured throughout the festival.
5.
Environmental Initiatives
a.
Provide recycling bins at the festival, promote the use of biodegradable materials,
and encourage attendees to follow sustainable practices.
6.
Special promotions for veterans, active-duty military, and first responders.
7.
Special promotions for teachers and educators within the City of Chandler.
8.
Support for Vulnerable Populations
a.
Collaborate with Shelters: Provide free tickets for families living in shelters as well
as extra food and supplies left over after the festival.
9.
Marketing and promotions throughout the State of Arizona and to relevant national media
outlets which equate to over $100,000 in marketing yearly and have garnered many awards
locally, nationally and internationally.
10.
Chandler Community Awards
a.
Recognize and award outstanding community members, businesses, or groups that
have made significant contributions to Chandler.
A report of such activities will be provided to the City no later than 60 days after the last day of
the Festival.