22-79222-792ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORiZING THE CITY MANAGER TOENTER INTO A PROGRAM PARTNER AGREEMENT BETWEEN THE CITY OF DENTONPARKS AND RECREATION DEPARTMENT AND DENTON COUNTY BREWINGCOMPANY TO OFFER A PARKS AND RECREATION OPERATED ADULT CORN HOLELEAGUE AT SPACE PROVIDED BY DENTON COUNTY BREWING COMPANY;AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO PERFORM ALLOBLIGATIONS OF THE CITY UNDER THE AGREEMENT AND PROVIDING ANEFFECTIVE DATE.
WHEREAS, the City of Denton (the “City”) and Denton County Brewing Company
(DCBC) recognize that by hosting the cornhole league, a program of the City of Denton, the
services provided meet a public purpose and provide social interaction; and
WHEREAS, the DCBC Program Partner Agreement outlines the process, policies, and
procedures for City of Denton parks and program hosts; and
WHEREAS, the DCBC Program Partner Agreement will be effective from the time of
execution until December 3 1, 2022, at which point a new annual agreement will be signed by the
City Manager or the designee; and
WHEREAS, DCBC staff has reviewed the agreement provided by the City and is of the
opinion that it should be approved; and
WHEREAS, the City of Denton City Council finds that it is the public interest to approvethe Program Partner Agreement; NOW THEREFORE;
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS:
SECTION 1. The City of Denton City Council finds the recitations contained in the
preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in
the body of this ordinance.
SECTION 2. The City Manager, or designee, is further authorized to execute on behalf of
the City the Program Partner Agreement, a copy of which is attached hereto as Exhibit “A“ and
made a part hereof for all purposes.
SECTION 3. The City Manager, or designee, is further authorized to carry out all dutiesand obligations to be performed by the City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to apI ordinance was made byDw isseconded by Jby the following vote [ -7 - O
; the ordinance v passed and approved
Aye
,/’
V/
b/
1/
F
b/
/‘
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 3d day of 2022
CEiimKD
ATTEST:
ROSA RIOS, CITY SECRETARY
.,/?#/72 Zaa
but IIlIIe
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEYin--X\
'-
BY:
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Denton Parks and Recreation Department (“Parks and Rec.”) coordinates with
Denton County Brewing Co (DCBC) to host a Parks and Rec. program (Cornhole
League) at its facilities.
Whereas Denton Parks and Rec and DCBC recognizes that the services provided
meet a public purpose and provide a governmental function in its operation of hosting
the Cornhole League program of the City of Denton;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants
and conditions contained herein and pursuant to the authority permitted under the
laws of the State of Texas, promise and agree as follows:
This agreement (the “Agreement”) is intended to outline the service/program site-
based agreements between Denton Parks and Rec. and DCBC, pertaining to City of
Denton Cornhole League. This agreement begins on April 30, 2022 and ends on
March 31, 2023. The agreement may be renewed annually if agreed upon by both
parties by completing a new agreement form, The agreement may be cancelled by
either party with at least 30 days notice of cancellation.
Denton Parks and Rec. and DCBC agree to collaborate and communicate regularly
to ensure the success of the coordinated service and program.
LOGISTICS
Denton Parks and Rec. will provide the partner agency with indicated itemsbelow:
[] Corn:hole Boards and Bags
D Waiver forms signed by league participants
D Equipment (please list)
[] Other:
The partner will provide Denton Parks and Rec. with the following:
[] Facility to host all corn hole league games
D Other:
DacuSign Envelope ID: B2EEC7CA-A5CC4DCB-AOD4-B9C98F5FB5BI
SERVICE/PROGRAM INFORMATION
Service/program description:
Hosting of Denton Parks and Rec. Cornhole league at the Partner Agency’s
place of business.
Number of hours and schedule when service/program will be hosted at
Partner Agency:
Wednesday and Sunday during league play.
Types services provided to the public by partner agency as part of theservice/program:
• Event Host for league games and provide space for cornhole games to take
place
Neither party is an agent, employee or joint enterprise of the other, and each party is
responsible for its own actions, forbearance, negligence and deeds, and for those of its
agents or employees.
Each party shall ensure that all applicable laws and ordinances have been satisfied
with respect to any action taken by such party pursuant to this Agreement.
CONTACT INFORMATION
Partner Agency Contact Information:
Business Name: Denton County Brewing Co.
Seth MorganContact Name:
Address: 200 E -
Phone. 214–298–5500
MCKlnney St
_ .. cheers@dentoncbc.comEmail:
LIABILITY
A It is understood and agreed between the parties that each party hereto shall be
responsible for its own and its employees’ acts of negligence in connection withthis Agreement. Neither party shall be responsible for any negligent act or
omission of the other party or its employees in connection with this Agreement.
It is specifically agreed that, as between the parties, each party to this Agreement
shall be individually and respectively responsible for responding to, dealing with,
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insuring against, defending, and otherwise handling and managing liability and
potential liability of itself and its employees pursuant to this Agreement.
B.Notwithstanding the foregoing, each party hereto reserves and expressly does not
waive any immunity or defense available at law or in equity, including
governmental immunity, for any claim or cause of action whatsoever that mayarise or result from the services provided and/or any circumstances arising under
this Agreement. These provisions are solely for the benefit of the parties heretoand are not for the benefit of any person or entity not a party hereto; this
Agreement shall not be interpreted nor construed to give any claim or cause of
action to any third party. Neither party shall be held legally liable for any claim
or cause of action arising pursuant to or out of the services provided under thisAgreement, except as specifically provided by law. The Parks and Rec.
department will not be liable or responsible for any property damage or personal
injury that occurs at the Partner Agency’s location whether it be directly relatedto the hosting of the cornhole league, the games itself, or by any league member
while at the Partner Agency’s facility. The Parks and Rec. department cannot beheld liable for any premise defects or negligent acts of the Partner Agency’s
facility, employees, or its equipment and the Partner Agency will indemnify andhold harmless of any and all liability that occurs at its facility.
C This Agreement is expressly made subject to the parties’ governmental immunityunder the Texas Civil Practice and Remedies Code and all applicable federal,
state, and local laws, rules, regulations, ordinances, and policies. Nothing in thisAgreement shall be deemed to waive, mo(iib', or amend any legal defense
available at law or in equity to either party or to create any legal rights or claim
on behalf of any third party. Neither party waive, modi b', or alter, to any extentwhatsoever, the availability of the defense of governmental immunity under thelaws of the State of Texas.
MISCELLANEOUS
A. Each party has the full power and authority to enter into and perform this
Agreement and the person signing this Agreement on behalf of each party hasbeen properly authorized and empowered to enter into this Agreement. Thepersons executing this Agreement hereby represent that they have authorization
to sign on behalf of their respective party.
B. In the event any one or more of the provisions contained in this Agreement shall
be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect the other provisions and
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the Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in this Agreement.
C. This Agreement shall be binding upon the parties hereto, their successors, heirs,personal representatives, and assigns. Neither party will assign or transfer an
interest in this Agreement without the prior written consent of the other party.
D. By entering into this Agreement, the parties do not create any obligations, express
or implied, other than those set forth herein, and this Agreement shall not create
any rights in, or claims by, third parties who are not signatories to this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State ofTexas and venue of any cause of action concerning this Agreement shall be in a
court of competent jurisdiction sitting in Denton County, Texas.
F This Agreement, together with any referenced exhibits and attachments,
constitutes the entire agreement between the parties hereto, and any prior
agreement, assertion, statement, understanding, or other commitment occurring
during the term of this Agreement, or subsequent thereto, has no legal force or
effect whatsoever, unless properly executed in writing in, and if appropriate,
recorded as an amendment of this Agreement.
G. Failure of any party, at any time, to enforce a provision of this Agreement, shall
in no way constitute a waiver of that provision nor in any way affect the validity
of this Agreement or the right of either party thereafter to enforce each provision
hereof. No term of this Agreement shall be deemed waived or any breach excusedunless the waiver shall be in writing and signed by the party claimed to have
waived. Furthermore, any consent to or waiver of a breach will not constitute
consent to or waiver or excuse of any other different or subsequent breach.
H. This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original and constitute one and the same instrument.
I. Each party agrees that this Agreement and any other documents to be delivered
in connection herewith may be electronically signed, and that any electronic
signatures appearing on this Agreement or such other documents are the same ashandwritten signatures for the purposes of validity, enforceability, and
admissibility .DSI Sh 4
Initial\---–
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[Signature Page to FollowI
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their authorized officers thereon the day and the year first above written.
SIGNATURES OF BOTH PARTIES
Parks and Rec. Director:
Gary Packan
Printed Name
4/20/2022
DateSignature
Partner Agency Owner or Authorized Representative:
(with authority to sign on behalf of the company)
DwuSigned by:
StIIL Maryit
Signature
Seth Morgan
Printed Name
4/14/2022
Date
Initial
DocuSign Envelope ID: B2EEC7CA-A5CC4DCB-AOD4-B9C98F5FB5BI
[k)cuSign
Certificate Of Completion
Envelope Id: 5B80742ACB5E4377A9B6E39C5BOA4FBB
Subject: Please DocuSign: Program Partner Agreement.pdf
Source Envelope
Document Pages: 6
Certificate Pages: 4
AutoNav: Enabled
Status: Completed
Signatures:
Initials: 5
Envelope Originator:
Chris Escoto
901 B Texas Street
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Denton, TX 76209
Chris.Escoto@cityofdenton.comIP Address: 198.49.140. 104
Record Tracking
Status: Original
4/1 2/2022 11 :22:21 AM
Holder: Chris Escoto
Chris.Escoto@cityofdenton.com
Location: DocuSign
Signer Events
Seth Morgan
cheers@dentoncbc.com
Seth Morgan
Denton County Brewing Co
Security Level: Email, Account Authentication(None)
Signature
'DoeuSign+d by1 s'/LA“,W.BF88D551C59A429.
Timestamp
Sent: 4/1 2/2022 1 1 :25:48 AM
Viewed : 4/14/2022 1 1:10:24 AM
Signed: 4/14/2022 11:11 :42 AM
Signature Adoption: Pre-selected Style
Signed by link sent to cheers@dentoncbc.com
Using IP Address: 47.51.213.118
Electronic Record and Signature Disclosure:Accepted: 3/31/2022 9:33:30 AMID: 8c8e7fa2-a880-460d-98ae-8dbb3da9d10f
In Person Signer Events Signature
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Status Timestamps
4/1 2/2022 11 :25:48 AM
4/1 4/2022 11:10:24 AM
4/14/2022 11:11 :42 AM
4/14/2022 11 :11 :42 AM
Hashed/Encrypted
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Electronic Record and Signature Disclosure
DocuSign Envelope ID: B2EEC7CA-A5CC4DCB-AOD4-B9C98F5FB5BI 3 PM
Parties agreed to: Seth Morgan
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