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Home My WebLink About22-1489DocuSign Envelope ID: 8D9789F446354B2A-931D-3FAEIDODB2CC RESOLUTiON NO. 22-1489 A RESOLUTION OF THE CITY OF DENTON ALLOWING THE DENTON PARKSFOUNDATION TO SELL ALCOHOLIC BEVERAGES AT DOG DAYS OF DENTON, ONSATURDAY SEPTEMBER 10, 2022, FROM 9:00 A.M. TO 3:00 P.M., AT THE QUAKERTOWN PARK AND THE CIVIC CENTER POOL, UPON SATISFYING CERTAINCONDITIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Parks Foundation will host the Bark in the Park on Saturday, September 10, 2022, in an effort to combine Dog Days of Denton and Splish Splash Doggie Bash;and WHEREAS, the Denton Parks Foundation has requested they be allowed to sell alcoholic beverages at this year’s Denton Dog Days of Denton; and WHEREAS, the City Manager, or designee, may approve in advance, the consumption and possession of alcoholic beverages at Quakertown Park and Civic Center Pool pursuant to Section 22-32(b) of the Denton Code of Ordinances; and WHEREAS, the City Council deems it in the public interest to authorize the City Manager, or designee, to allow the Denton Parks Foundation to sell alcoholic beverages at the Dog Days of Denton on Saturday, September 10, 2022, so long as certain conditions are met; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. Denton Parks Foundation shall be allowed to sell alcoholic beverages at DogDays of Denton, on Saturday, September 10, 2022 from 9:00 a.m. to 3:00 p.m. to be held at Quakertown Park and Civic Center Pool, upon entering into and complying with the attached contractual agreement with the City of Denton and satisfying the following conditions: 1.Denton Parks Foundation shall be responsible for rental of any booth or space necessary . 2.They shall abide by all laws, resolutions, rules and regulations, and shall be responsible to obtain any temporary license(s) and permit(s) for necessary for selling alcoholic beverages at the Bark in the Park. 3. 4 They shall provide the security necessary for the sale of alcoholic beverages. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $1,000,000.00. DocuSign Envelope ID: 8D9789F446354B2A-931D-3FAEIDODB2CC 5.They shall provide Liquor/Dram Shop Liability in the amount of $1,000,000 peroccurrence . 6.They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Dog Days of Denton. SECTION 3. The City Manager, or 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 4. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by BSe &wf S and seconded by Briar\ %rk . This Resolution was passed and approved by the following vote U - a : Aye \/ \/ \/ r V/ / \/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse L. Davis, District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the \b+day of 2022 -GERARD HUDSPETH, MAYOR DocuSign Envelope ID: 8D9789F446354B2A-931D-3FAEIDODB2CC ATTEST: ROSA RIOS, CITY SECRETARY ,\11111111DEe•+e• LIZ/Za APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY '& TOR 11111111\ BY: DocuSign Envelope ID: 8D9789F44635-4B2A-931D-3FAEIDODB2CC CITY OF DENTON AGREEMENT WITHDOG DAYS OF DENTON STATE OF TEXAS § COUNTY OF DENTON § C i t y o f1::: ::5: T 1:::1run: i c1::1 ec :LIsa r a t! £IIi: ::tIer { bar!?= as IhT hR : njl TiE ; ATPARKS FOUNDATION. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1GENERAT I The City grants to the DENTON PARKS FOUNDATION the privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the DOG DAYS OF DENTON on Saturday, September 10, 2022, from 9:00 a.m. to 3:00 p.m., to be held at Quakertown Park and Civic Center Pool. This privilege does not extend beyond the date and times of the DOG DAYS OF DENTON set for the year 2022. ARTICLE 2TERMS AND CONDITIONS DENTON PARKS FOUNDATION, in order to exercise the privilege to sell alcoholic beverages, must perform the following: A.DENTON PARKS FOUNDATION shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the DOG DAYS OFDENTON . B.DENTON PARK FOUNDATION shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the DOG DAYS OFDENTON. C.DENTON PARKS FOUNDATION shall be solely responsible for the obtaining and paying for any security necessary for the sale of alcoholic beverages at the DOG DAYSOF DENTON. D DENTON PARKS FOUNDATION’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 DOG DAYS OF DENTON. DocuSign Envelope ID: 8D9789F4-46354B2A-931D-3FAEIDODB2CC ARTICLE 3LOCAL RULES AND REGULATION DENTON PARKS FOUNDATION agrees to abide by all municipal, county, state and federal laws, Resolutions, rules and regulations and specifically, without limitation, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements ofany duly authorized person acting in connection therewith. DENTON PARKS FOUNDATION 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 PARKS FOUNDATION will exercise reasonable care and due diligence in theirsale of alcoholic beverages at the BARK IN THE PARK. ARTICLE 4INDEMNITY AGREEMENT DENTON PARKS FOUNDATION 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 DENTON PARKS FOUNDATION 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 lawor 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 5INSURANCE During the performance of the Agreement, DENTON PARKS FOUNDATION 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 BestRate Carriers of at least an A- or above: A.Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $ 100,000 in the aggregate. B Liquor/Dram Shop Liability in the amount of $1,000,000 per occurrence for any eventoccurring on City-owned property where alcohol will be provided or served. DocuSign Envelope ID: 8D9789F44635-4B2A-931D-3FAEIDODB2CC C.DENTON PARKS FOUNDATION 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 provisionthat such insurance shall not be canceled or modified without written notice to the CITYand DENTON PARKS FOUNDATION. In such event, DENTON PARKS FOUNDATION shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6NOTICES 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: DENTON PARKS FOUNDATION: Brooke Moore, Executive Director 901 Texas Street Denton, Texas 76209 CITY OFDENTON: City Manager215 E. McKinney St. 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 7ENTIRE AGREEMENT This Agreement, consisting of five (5) 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, representations, negotiations, discussions, communications, and agreements which mayhave been made in connection with the subject matter hereof ARTICLE 8SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdictionto 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. DocuSign Envelope ID: 8D9789F4-46354B2A-931D-3FAEIDODB2CC ARTICLE 9DISCRIMINATION PROHIBITED In performing the services required hereunder, DENTON PARKS FOUNDATION shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry,age, or physical handicap.ARTICLE 10PERSONNEL DENTON PARKS FOUNDATION represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnelshall not be employees or officers of or have any contractual relations with the CITY. ARTICLE 11ASSI(,NABILITY DENTON PARKS FOUNDATION 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 12MODIFICATION 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 bewaived unless as set forth herein. ARTICLE 13MISCELLANEOUS A.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 Stateof Texas. B.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 beexecuted by its duly authorized City Manager, and DENTON PARKS FOUNDATION has executed this Agreement through its duly authorized undersigned officer on this the \LP day of hoo\\bY , 2022. DocuSign Envelope ID: 8D9789F4-4635-4B2A-931D-3FAEIDODB2CC .SCITY OF DENTON, TE: it(RFA–dansCITY MANAGER t\\\11111111 ATTEST: ROSA RIOS, CITY SECRETARYa APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEYrJ'-HIiSi:: DENTON PARKS FOUNDATION DocuSlgned by: BY:LedeE_MrtrlBROOKE MOORE WITNESS : BY: DocuSign Envelope ID: 8D9789F4-46354B2A-931D-3FAEIDODB2CC THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSlgned by: Lq£x,bet:~ SiGNATURE Gary Packan PRINTED NAME Director of Parks and Recreatlon TITLE parks and Recreation DEPARTMENT