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22-1755ORDINANCE NO. 22-1755 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION,AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS REGARDING DENTON PUBLICLIBRARY’S BOOKS ON TAP BOOK DISCUSSION EVENTS FOR ADULTS AT LOCAL BREWERIESAND BARS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Public Library (the “Library”) coordinates with local businesses (each, a “Partner Agency”) to provide services for a library program titled “Books on Tap”; WHEREAS, the City Council recognizes that the services provided by each such Partner Agencymeet a public purpose and provide a governmental function; and WHEREAS, the City Council recognizes the Library’s need to execute these agreements from time totime without additional City Council authority ; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and are made a part of this ordinance. SECTION 2. The City Council approves the form agreement, attached hereto as Exhibit A, for use in formalizing Partner Agency relationships to further the Books on Tap program, subject to all applicablefederal, state, and local laws. SECTION 3. Upon finalizing a program with a Partner Agency, the Library will prepare a contract, substantially in the same form as Exhibit A, for execution by the City Manager or their designee without any further authority, guidance, or direction from the City Council. The City Manager, or their designee, is further authorized to carry out the rights, duties, obligations, and responsibilities of the City related thereto. SECTION 4. The City Council of the City of Denton, hereby expressly delegates the authority to take any additional actions that are deemed necessary or advisable by the City Manager, or their designee, or may be required or permitted to be performed by the City of Denton under this ordinance to the City Managerof the City of Denton, or their designee. SECTION 5. The Library will provide a report to City Council in the Friday Report, or other appropriate method, regarding programs that are contracted for using this delegated authority. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. AThe motion to approve this ordinance was made by Dr\Anl>r \an ny This ordinance was passed and apptIP and seconded bye led by the following vote k Aye la,/Z JCIZ\/ Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2:Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6: -Z- PASSED AND APPROVED thi, the JOb d,y ,f SeQ IM bef J 2022. 7 GERARD HUDSPETH, MAYOR ATTEST:ROSA RIOS, CITY SECRETARY 1\\111111//1 B IIIr : a2Ze APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY:– \N,wdCiiI Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City n.com, c=USDate: 2022.09.15 17:13:55 -05'00 Exhibit A Denton Public Library coordinates with local business to provide facilities for library programming. Services and programs must support the Denton Public Library mission and priorities. Whereas Denton Public Library recognizes that the services provided by Partner Agency meet a public purpose and provide a governmental function; NOW, THEREFORE, the parties hereto, in consideration ofthe mutual covenants and conditions contained herein and pursuant to the authority permitted under the laws of the State of Texas, promise and agree asfollows: This agreement (the “Agreement”) is intended to outline the service/program site-based agreements between Denton Public Library and (Partner Agency), pertaining to (Program Name). This agreement begins on and ends on . The agreement may be renewed quarterly 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 Public Library and agree to collaborate and communicate regularly to ensure the success of the coordinated services and programs. Partner and Library representatives will meet at minimum once at least one month prior to the Partner Agency’s scheduled date and prior to next quarter’s planning period. Meeting Dates: LOGISTICS The partner will provide Denton Public Library with the following as part of the service/program: [] Facility for the program to occur a Set up before events and clean after events D Other: SERVICE/PROGRAM INFORMATION Service/program description : Number of hours and schedule when service/program will be provided: 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 Library Program Contact Information: Partner Agency Contact Information: 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 with this 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 beindividually and respectively responsible for responding to, dealing with, 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 may arise or result from the services provided and/or any circumstances arising under this Agreement. These provisions are solely for the benefit of the parties hereto and are not for the benefit of any person or entity not a party hereto; this Agreement shall not be interpreted norconstrued 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 this Agreement, except as specifically provided by law. Where injury or property damages results from the joint or concurrent negligence of both parties, liability, if any, shall be shared by each party based oncomparative responsibility in accordance with the applicable laws of the State of Texas, subject to all defenses available to them, including governmental immunity. C.This Agreement is expressly made subject to the parties’ governmental immunity under the Texas Civil Practice and Remedies Code and all applicable federal, state, and local laws, rules, regulations, ordinances, and policies. Nothing in this Agreement shall be deemed to waive, modify, 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, modify, or alter, to any extent whatsoever, the availability of thedefense of governmental immunity under the laws 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 has been properly authorized and empowered to enterinto this Agreement. The persons 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 anyreason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions and 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 of Texas 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 accordance with Section II.A, 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 excused unless 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 as handwritten signatures for the purposes of validity, enforceability,and admissibility. [Signature Page fo Follow\ 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 Library Program Coordinator Signature Director of Libraries Printed Name Date Signature Partner Agency Supervisor/Administrator Signature Printed Name Printed Name Date Date