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HomeMy WebLinkAboutR2007-003S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlers alcohol sell.doc RESOLUTION NO. ;)2/JO'i-rJ03 A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE ROTARY CLUB MARDI-GRAS CELEBRATION ON FEBRUARY 17, 2007, 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 Civic Center Park and through the Park and Recreations Department co-sponsors the Rotary Club Mardi-Gras Celebration at the Civic Center Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center 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 Rotary Club Mardi-Gras Celebration; and WHEREAS, Roy Metzler doing business as Metzler's Food and Beverage (called Metzler's"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Rotary Club Mardi-Gras Celebration on February 17, 2007; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi- Gras Celebration; 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 RESOL YES: SECTION I. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras Celebration on February 17, 2007 at the Civic Center 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 Rotary Club Mardi-Gras Celebration. S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlcrs alcohol selLdoc 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 hereofby reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ td day of fdJrall/v I 2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY~~,~ Page 2 of2 S:\Our Documents\Contracts\07\Civic Center Rotary Club Mardi Gras Celebration agreement.doc CMC CENTER AGREEMENT FOR THE ROTARY CLUB MARDI-GRAS CELEBRATION STATE OF TEXAS 9 COUNTY OF DENTON 9 This Agreement, made this &fj. day of Ai.6nL~~ ,2007, by and between the City of Denton, a municipal corporation, hereinafter referred to the "CITY" and Roy Metzler doing business as METZLER'S FOOD AND BEVERAGE. 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 METZLER'S FOOD AND BEVERAGE the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the ROTARY CLUB MARDI-GRAS celebration on, to be held at the Civic Center Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege. This privilege does not extend beyond the date of the ROTARY CLUB MARDI-GRAS celebration set for the year 2007. ARTICLE 2 SCOPE OF SERVICES METZLER'S FOOD AND BEVERAGE in order to exercise the privilege to sell alcoholic beverages must perform the following: If A. METZLER'S FOOD AND BEVERAGE shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the ROTARY CLUB MARDI-GRAS Celebration. B. METZLER'S FOOD AND BEVERAGE shall be solely responsible to obtain any temporary license and permit necessary for the selling. of alcoholic beverages at the ROTARY CLUB MARDI-GRAS Celebration. C. METZLER'S FOOD AND BEVERAGE shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the ROTARY CLUB MARDI-GRAS Celebration. METZLER'S FOOD AND BEVERAGE'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 ROTARY CLUB MARDI-GRAS Celebration. ARTICLE 3 LOCAL RULES AND REGULATION METZLER'S FOOD AND BEVERAGE agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permitsandauthorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. METZLER'S FOOD AND BEVERAGE shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale ofalcoholic beverages. METZLER'S FOOD AND BEVERAGE will exercise reasonable care and due diligenceintheirsaleofalcoholicbeveragesattheROTARYCLUBMARDI-GRAS Celebration. ARTICLE 4 INDEMNITY AGREEMENT METZLER'S FOOD AND BEVERAGE 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 reasonable 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 METZLER'S FOOD AND BEVERAGE or it 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. ARTICLE 5 INSURANCE During the performance ofthe Agreement, METZLER'S FOOD AND BEVERAGE 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 of not less than 500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than 100,000 in the aggregate. B. METZLER'S FOOD AND BEVERAGE shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall 2 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 METZLER'S FOOD AND BEVERAGE. In such event, METZLER'S FOOD AND BEVERAGE shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES 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, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To METZLER'S FOOD AND BEVERAGE:To CITY: Metzler's Food and Beverage Roy Metzler 628 Londonderry Denton, Texas 76209 940) 591.1652 CITY OF DENTON: City Manager 215 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 offive (5) pages and one (1) exhibit, 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, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY 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 from 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. 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, METZLER'S FOOD AND BEVERAGE 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 A. METZLER'S FOOD AND BEVERAGE 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 11 ASSIGNABILITY METZLER'S FOOD AND BEVERAGE 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 duly 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 exhibits are afhed to and made a part of this Agreement: Exhibit "A" Resolution No. '2007- ()O-3 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. 4 d IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and METZLER'S FOOD AND BEVERAGE has executed this Agreement through its duly authorized undersigned officer on this the hili" day of febrtlary ,2007. CITY OF DENTON, TEXAS a? G 0 GE AMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By~"~LQh,> APP VED A TO L~GAL FORM: EDWIN SNYDER, CITY ATTORNEY BY: ~h~ ~ METZLER'S FOOD AND BEVERAGE BY: WITNESS: BY ~/", PiWl_ 5 ACORDN CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) 2/6/2007 PRODUCER (940)382-9696 FAX (940)387-6962 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HUTCHERSON INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 2096 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denton TX 76202 INSURERS AFFORDING COVERAGE NAIC# INSURED O\L- ; 1 INSURER A: Moun t Vernon Fire Ins Co Metzler's Food , Beverage Inc.~ v~~f INSURER B: P.O. Box 1545 INSURER c: INSURER 0: Denton TX 76202 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANYREQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO'L POLICY NUMBER ~A~::~6&WIE "g~Wf~:A,~N LIMITSLTRINSRDTYPEOFINSURANCE NERAL LIABILITY EACH OCCURRENCE . COMMERCIAL GENERAl lIABILITY ~~~J?E~~~\ . X I CLAIMS MACE D 7 CL22811B4B /' 8/1/2006 8/1/2007 MED EXP (AflV one Der50n) . LIQUOR LLABILITY PERSONAL & ADV INJURY . I- GENERAL AGGREGATE . n'l AGG~EnE ~~M~ AFlES PER: PRODUCTS. COMP/OP AGG . POLICY JECT LOC LIQUOR LIABLITY $300,000 TOMOBllE UABILlTY COMBINED SINGLE LIMIT . Eaaccident) f-- ANY AUTO ALL OINNED AUTOS BODILY INJURY Per person) .SCHEDULED AUTOS HIRED AUTOS BODilY INJURY . NON-O'NNED AUTOS (Pereccident) PROPERTY DAMAGE . Per accident) RAGE LIABILITY AUTOONLY. EA ACCIDENT . ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . ESSlUMBRELLA UABILlTY EACH OCCURRENCE . OCCUR D CLAIMS MADE ,AGGREGATE . 1 DEDUCTIBLE . RETENTION S . WORKERS COMPENSATlON AND I T'3'o~IfMWS I 10TH.EMPLOYERS' UABILITY ER ANY PROPRIETORlPARTNERlEXECUTNE E.l. EACH ACCIDENT . OFFICERn.1EMBER EXCLUDED? E.l. DISEASE. EA EMPLOYEE SIfyes, describe under SPECIAL PROVISIONS below E.l. DISEASE - POLICY LIMIT S OTHER DESCRlPTlON OF OPERA TlONSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVlSJONS CERTIFICATE HOLDEVS-NAMED AS AN ADDITIONAL INSURED FOR ROTARY CLUB MARDI-GRAS CELEBRATION LOCATED AT CIv:rC CENTERPARK, DENTON, TX. CERTIFICATE HOLDER CANCELLATION OF DENTON /' SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE CITY EXPIRATlON DATE THEREOF, THE ISSUING INSURER 'NILL ENDEAVOR TO MAIL CITY MANAGER 1 0 ~AYS WRITTEN NOTlCE TO THE CERTlFlCATE HOLDER NAMED TO THE lEFT, BUT215E. MCKINNEY - FAilURE TO 00 SO SHAll IMPOSE NO OBUGATlON OR UABlUTY OF ANY KIND UPON THEDENTON, TX 76201 /' INSURER, ITS AGENTS OR REPRESENTATlVES, AUTHORIZED REPRESENTATlVE ~ A";_ . L./ \/ Brian Hutcherson/ML ACORD 25 (2001/08) INS02510108106 AMS VMP MortpaQ8 Solution.. Inc. (600)327-0545 IC> ACORD CORPORATION 1988 Paoo10f2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuinginsurer{s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the poliCies listed thereon. ACORD 25 (2001/08) INS025 (0108)00 AMS Paoe2of2 S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlers alcohol sel1.doc. EXHIBIT A RESOLUTION NO. f 2tJO'i- (J03 A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE ROTARY CLUB MARDI-GRAS CELEBRATION ON FEBRUARY 17, 2007, 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 Civic Center Park and through the Park and Recreations Department co-sponsors the Rotary Club Mardi-Gras Celebration at the Civic Center Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, 922-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Rotary Club Mardi-Gras Celebration; and WHEREAS, Roy Metzler doing business as Metzler's Food and Beverage (called Metzler's"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Rotary Club Mardi-Gras Celebration on February 17, 2007; and WHEREAS, the Parks, Recreation, and Beautification Board has recQmmended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi- Gras Celebration; 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 I. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras Celebration on February 17, 2007 at the Civic Center 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 Rotary Club Mardi-Gras Celebration. S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlcrs alcohol sell.doc 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 ;; iIz day of feIJraarv I 2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY, BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY~~.~ Page 2 of2 RESOLUTION S:\Our Documents\Resolutions\07\Gas Coalition.doc RESOLUTION NO. fJ()f}7-IJCJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE PARTICIPATION IN A JOINT COALITION OF CITIES KNOWN AS ALLIANCE OF GAS MUNICIPALITIES ("AGM") COMPRISED OF CITIES SERVED BY ATMOS ENERGY CORPORATION, CENTERPOINT ENERGY ENTEX, AND TEXAS GAS SERVICES TO WORK ON LEGISLATIVE ISSUES OF COMMON CONCERN AFFECTING RATEPAYERS; PROVIDING FOR FORMATION OF A STEERING COMMITTEE; PROVIDING FOR THE EMPLOYMENT OF LEGAL EXPERTS RELATED TO SAID EFFORTS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE " SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, during the last special session of the Texas Legislature, legislation was proposed which would severely limit the ability of municipalities to review the rates and services of investor-owned gas distribution companies; and WHEREAS, it is highly likely that there will be legislation to deal with the adverse consequences of a court decision effectively eliminating municipal participation in the review of the reasonableness and prudence of gas purchases by local gas distribution companies; and WHEREAS, it is highly likely that legislation will be proposed during the 80th Session of the Texas Legislature which could seriously harm the original jurisdiction of municipalities over' the rates and services of local gas distribution companies as well as the effective participation by municipalities in ratemaking proceedings at the Railroad Commission of Texas; and WHEREAS, as a regulatory authority with the responsibility to review the rates and , 1servicesofgascompanies, it is in the interest of Texas cities to participate in a coalition with municipalities who are similarly situated; and WHEREAS, the municipalities served by the Atmos Energy Corporation, CenterPoint Energy Entex, and Texas Gas Services wish to form the coalition known as Alliance of Gas Municipalities ("AGM") in order to increase the effectiveness of municipalities with regard to the regulation of the rates and services. of local gas distribution companies; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. That the City is authorized to join with other similarly situated municipalities to form and participate in the Alliance of Gas Municipalities ("AGM"), to form a steering committee, and to work with said steering committee to provide direction and guidance " to legal experts. S:\Qur Documents\Resolutions\07\Gas Coalition.doc it SECTION 3. That the City employs the law firm of Herrera & Boyle, PLLC, to represent the City and the coalition during the 80th Session of the Texas Legislature to help preserve and enhance the City's original jurisdiction over the rates and services of local gas distribution companies and to promote the effective participation by municipalities in the periodic review of the reasonableness and prudence of the purchase of natural gas by such entities. SECTION 4. The law firm of Herrera & Boyle is already employed by the City of Denton for the 80th Regular Session of the Texas Legislature. There will be no charge to the City of Denton for work done in connection with the Alliance of Gas Municipalities. SECTION 5. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 6. That this resolution shall become effective from and after its passage. PASSED AND APPROVED this the .2tJtd. day of f~hrtfLlrlf ,2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Qw- t!teiz~/ tUd: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY 1 BY: ~#Y~ r . Page 2 of2