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Home My WebLink AboutR2015-022s:\legal \our documents \resolutions \15 \blues festival alcohol sell.doc RESOLUTION NO. 82015 -022 A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTIVAL SEPTEMBER 19 -20, 2015, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ( "City ") is the owner of the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22 -32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Blues Festival; and WHEREAS, the Black Chamber of Commerce (called "Chamber ") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival September 19 -20, 2015; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that the Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Chamber shall be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 19 -20, 2015 at the Quakertown Park upon the following conditions: I. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Blues Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the C day of � �. " �� ... 2015. C1j: k 1S WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IM A P '1�0V1-,',,D AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:,� �� C:1 Users\ 108214 \AppData \local \Microsol'l \Windows \Temporary Internet Piles \Contcnt.OuUook \PU3MD6JnBIues Festival Alcohol Contract doe QUAKERTOWN PARK AGREEMENT FOR THE 13LUES FESTIVAL STATE OF TEXAS COUNTY OF DENTON This Agreement, made this _ day of ; 2015, by and between the City of Denton, a municipal corporation, hereinalter referred to as the "CITY" and the Black Chamber of Commerce, (called "CHAMBER "). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to CHAMBER the exclusive privilege to distribute /sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Blues Festival September 19 -20, 2015 to be held at Quakertown Park. This privilege does not extend beyond the date of the Blues Festival for the year 2015. ARTICLE 2 SCOPE OF SERVICES CHAMBER in order to exercise the privilege to distribute /sell alcoholic beverages must perform the following: A. CHAMBER shall be solely responsible for the rental and payment for any booth space necessary for the distribution /sale of alcoholic beverages at the Blues Festival. B. CHAMBER shall be solely responsible to obtain any temporary license and permit necessary for the distribution /sale of alcoholic beverages at the Blues Festival. C. CHAMBER shall be solely responsible for the obtaining and paying for any security necessary for their distribution /sale of alcoholic beverages at the Blues Festival. CHAMBER'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of distributing /selling alcoholic beverages at the Blues Festival. ARTICLE 3 [_�OCAL RULES AND REGULATION CHAMBER will exercise reasonable care and due diligence in their distribution /sale of alcoholic beverages at the Blues Festival. ARTICLE 4 111DE.U-11ITY AGREEMENT Agreement Nothing in this be • to create a liability to any person who is not a party to this Agreement, • nothing herein shall waive any of • both at law or equity, • any claim, cause of • or • -• by anyone not party to this Agreement, of • defenses reserved. expressly During the performance of the Agreement, CHAMBER shall maintain the following insurance with an insurance company licensed to do business in the e of Texas by the State Insurance Commission or • _ with Best Rate Carriers of least an A- or above: A. Comprehensive General Liability bodily injury limits of • $500,000 • Occurrence and not less than $500,000 aggregate, • with property damage limits of • $100,000 for each occurrence and not $100,000 C' or/Drarn Shop • • of $250,000 per occurrence occurring on • property where alcohol be provided or - r. Blues Festival — Page 2 00161mro All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail ♦ the address shown below, certified mail, return receipt requested, unless otherwise specified herein, Mailed notices shall be deemed communicated as of three (3) days' mailing: Black Chamber of Commerce Kerry Goree, Chairman P.O. Box 51026 Denton, TX 76206 CTT';ZVTFJ-ET1-f -VY. City Manager 0-'l 5 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and (1) exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, cornmunications, and agreements which may have been rnade in connection with the subject matter hereof. ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, CHAMBER shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL CHAMBER represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE, I1 ASSIGNABILITY CHAMBER shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duty executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhil its arc attached to and made a part of this Agreement: Exhibit "A" Resolution No B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Blues Festival — Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CHAMBER has executed this Agreement through its duly authorized undersigned officer on this the day of 2015. CITY OF DENTON, TEXAS ., _. — GEOk iE :', CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY Bv BLACK CHAMBER OF COMMERCE BY: mM 1 1 I .+ GO1�.1,1: sAlegal \our documents\resolutions \l5 \blues festival Exhibit A RESOLUTION NO. 82015 -022 A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTIVAL SEPTEMBER 19 -2'0, 2015, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ( "City ") is the owner of the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22 -32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Blues Festival; and WHEREAS, the Black Chamber of Commerce (called "Chamber ") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival September 19 -20, 2015; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that the Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Chamber shall be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 19 -20, 2015 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Blues Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTIONm 3, This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the mm_ day of �17nhxk. ) , 2015. kv C 11 � WATTS MAYOR __ ........� ATTEST: JENNIFER WALTERS, CITY SECRETARY 14 PI°''MVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: