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Home My WebLink About18-1280�' • • !' i i � . � • • . , ! � • : . . ; . � �, ' • , �, �' • '• C ' � •'' � # C �' � �,� ' ' C ' ' • � � ' R' ' � 1 : � • � � � � � � �# � . * � # . �. . ., . �. �; � . . • � �� . �, � � 1 '' #' � •'; � � • WHEREAS, the City Council iinds that it is in the public interest to select a vendor of alcoholic beverages at the Denton Blues Festival; and WHEREAS, Denton Black Chamber of Commerce has requested that they are allawed to sell alcoholic beverages at this year's Denton Blues Festival, Saturday, September 15, through Sunday, September 16, 2018; NOW, THEREFORE, # • # � '# ' : ' ! SECTION 1. Denton Black Chamber of Commerce shall be a participant allowed to sell alcoholic beverages at Denton Blues Festival, Saturday, September 15, thraugh Sunday, September 16, 2018, at Quakertown Park, 321 E. McKinney St. upon the fallowing conditions: l. They shall be responsible far the rental of any booth or space necessary; 2. They shall be responsible to obtain the temporary license and permit far selling alcoholic beverages approved by an appropriate state agency; 3. They shall provide the security necessary for the sale of alcaholic beverages; 4. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000; 5. They shall provide Liquor/Dram Shop Liability in the amount of $250,000 per occurrence; 6. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at Denton Blues Festival. SECTION 2. The City Manager ar his designee is autharized to execute an agreement in canformity with this Resolution, which shall be substantially in the form of the agreement attached hereta and made a part hereof by reference. # ' - � • .,', �- • - - _ .• , - •• �, ,+- �.�� • � Y . ..�� :_��r��N�� r�u�� and The motion to ap��r��rr�; ��„ �,ma��e��r�� as made b � � � ---._. '� �� ar,��1 and seconded bY ...............��.��....��:°��..�,�" ��......................�.�.�.�.e ��; C � eee........m_.... �,��•c:��f�;�1 l�y �1�� C:��EI�^�i�� ra�� .� � '°'�^� �� Aye Nay Abstain Absent Mayor Chris Watts: ^� . .. ...........� .... _m_ ...____..�.� � . �. Gerard Hudspeth, District 1 Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4 Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 5: PASSED AN APPROVED this �,��„� � day of ° �� , 2018. � �r' � � � �� '� � �u�� .�° C��1�.WATTS �. m.mm , ��YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: �� '� ��°'� ^"� � �� .—�.��d APPROVED AS TO LEGAL FORM: ��:��C�,,� LEAL, CITYATTO��.�J��."�� w��. CITY OF DENTON AGREEMENT WITH DENTON BLUES FESTIVAL STATE OF TEXAS COUNTY OF DENTON City of Dent ng a municipalc orporatio�n�, hereinafter re �'��ed t� ' 2018, by and between the � �" �.,rv Y as the "CITY" and DENTON BLACK CHAMBER OF COMMERCE. 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 DENTON BLACK CHAMBER OF COMMERCE the privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the DENTON BLUES FESTIVAL on September 15 through September 16, 2018, to be held at Quakertown Park. This privilege does not extend beyond the date(s) of DENTON BLUES FESTIVAL set for the year 2018. ARTICLE 2 TERMS AND CONDITIONS DENTON BLACK CHAMBER OF COMMERCE in order to exercise the privilege to sell alcoholic beverages must perform the following: A. DENTON BLACK CHAMBER OF COMMERCE shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the DENTON BLUES FESTIVAL. B. DENTON BLACK CHAMBER OF COMMERCE shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the DENTON BLUES FESTIVAL. C. DENTON BLACK CHAMBER OF COMMERCE shall be solely responsible for the obtaining and pay for any security necessary for their sale of alcoholic beverages at the DENTON BLUES FESTIVAL. D. DENTON BLACK CHAMBER OF COMMERCE's failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the DENTON BLUES FESTIVAL. .. � • , � , , � DENTON BLACK CHAMBER OF COMMERCE agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. DENTON BLACK CHAMBER OF COMMERCE shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. DENTON BLACK CHAMBER OF COMMERCE will exercise reasonable care and due diligence in their sale of alcoholic beverages at the DENTON BLUES FESTIVAL. �� ,: � � � u► _''�'e�';'r �►� �� DENTON BLACK CHAMBER OF COMMERCE. shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonabie attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of DENTON BLACK CHAMBER OF COMMERCE or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. .• ., During the performance of the Agreement, DENTON BLACK CHAMBER OF COMMERCE shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits af not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with praperty damage limits of nat less than $100,000 for each occurrence and not less than $100,000 in the aggregate. : Q Liquor/Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-awned property where alcohol will be provided or served. DENTON BLACK CHAMBER OF COMMERCE shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and DENTON BLACK CHAMBER OF COMMERCE. In such event, DENTON BLACK CHAMBER OF COMMERCE shall, prior to the effective date of the change ar cancellation, serve substitute policies furnishing the same coverage. .• , � �Ni �� 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 to the address shown below, certi�ed mail, return receipt requested unless otherwise speciiied herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: • ' : '' � • : , , . � . • • . Kerry Goree, Chairman P.O. Box 51026 Denton, TX 76202 Z'O CliY: CITY OF DENTON: City Manager 215 E. McKinney St. Denton, Texas 76201 All notices shall be deemed effective upan receipt by the party to whom such notice is given ar within three (3) days' mailing. �� i ► ;�:� :�i�►��►� This Agreement, consisting of six (6) pages and 0 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, representatians, negotiations, discussions, communications, and agreements which may have been made in cannection with the subject matter hereof. � A 1' , �:. / If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable fram the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ,. , I'J ' 1 ' ' i : 1, In perfarming the services required hereunder, DENTON BLACK CHAMBER OF COMMERCE shall not discriminate against any person on the basis of race, color, religion, sex, national origin ar ancestry, age, or physical handicap. .� j � � . �, DENTON BLACK CHAMBER OF COMMERCE 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 ar have any contractual relations with the CITY. DENTON BLACK CHAMBER OF COMMERCE 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. .��i i �: r i II� � No waiver or modification af this Agreement or of any cavenant, condition, or limitatian herein contained shall be valid unless in writing and duly executed by the party to he charged therewith, and no evidence of any waiver or madification shall be affered or received in evidence in any proceeding arising between the parties hereto aut 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 pravisians of this sectian will not be waived unless as set farth herein. � ��'�' �' . � I � MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit "A": Resolution No. w�"� ��" 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. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and DENTON BLACK CHAMBER OF COMMERCE has ex��N ��'I�t�� ement through its duly authorized undersigned officer on this the ��f,�`�° day of .�� "�..� _W��_.z 2018. �. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: .�`_. a��..�.��w � ,,,,�� ,,,��`,�„,�" .� . _. . APPROVED AS TO LEGAL FORM: �,� 1��1��, LEAL, CITY A 1'� °�::? 1� N��"�'" I�"�":rv�� '`�� . � CITY OF DENTON, TEXAS '�: � � ��...� .�,,_�...e.._ ---- � . ----------- -------------------. TODD HILEMAN, CITY MANAGER DENTON BLACK CHAMBER OF COMMERCE. BY�„� ,.�� `�...�� ' �Y C��C�:�.:�.. CHAIRMAN W1TI�l�SS: � �� BY: ...� ��.r� �� _� � RESOLUTION NO. 1$-IZ$O A RESOLUTION ALLOWING THE DENTON BLACK CHAMBER OF COMMERCE TO SELL ALCOHOLIC BEVERAGES FOR THE DENTON BLUES FESTIVAL, SATURDAY, SEPTEMBER 15, THROUGH SUNDAY, SEPTEMBER 16, 2018, AT QUAKERTOWN PARK UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT 1N CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds that it is in the public interest to select a vendor of alcoholic beverages at the Denton Blues Festival; and WHEREAS, Denton Black Chamber of Commerce has requested that they are allowed to sell alcoholic beverages at this year's Denton Blues Festival, Saturday, September 15, through Sunday, September 16, 2018; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Denton Black Chamber of Commerce shall be a participant allowed to sell alcoholic beverages at Denton Blues Festival, Saturday, September 15, through Sunday, September 16, 2018, at Quakertown Park, 321 E. McKinney St. upon the following conditions: 1. They shall be responsible for the rental of any booth or space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by an appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4, They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000; 5. They shall provide Liquor/Dram Shop Liability in the amount of $250,000 per occurrence; 6. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at Denton 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. SECTIONITIT3. This Resolution shall become effective immediately upon its passage and approval. � � The motion to �.� �'�:�v � y—�'-"-u�inance W and �� 1� ....�.__.�6._�rr. .e .W�...__ seconded by �� thi�� l�� w� a s made b the � as passed and � approved by the following vote [� -�: Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: ,� Keely G. Briggs, District 2: ,i Don Duff, District 3: �/ John Ryan, District 4 Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 5: ✓ ✓ ✓ PASSED AN APPROVED this /,s�' da of �� uSt w, 2018, Y �� r� � , _. ,.�� 3�k�"�� WATTS, rLYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ,� BY: _ ,��+�� _ � --�� " N APPROVED AS TO LEGAL FORM: �1� C�.�� LEAL, CITY ATTO��C�;�''��