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22-1432ORDINANCE NO. 22-1432 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE PARK USAGEAGREEMENT TO BE USED BETWEEN THE CITY OF DENTON PARKS ANDRECREATION DEPARTMENT AND INDIVIDUALS TO CONDUCT BUSINESS WITHIN CITY OF DENTON PARKS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the “City”) recognizes groups may wish to use parks to conduct business for profit on City of Denton property; and WHEREAS, unauthorized usage of City of Denton parks and athletic fields is detrimental to the preservation and orderly utilization of said facilities; and WHEREAS, reservation of City of Denton parks and athletic fields is administered by the City of Denton Parks and Recreation Department to ensure compliance with adopted facility regulations and policies; and WHEREAS, the Park Usage Agreement outlines the process, policies, and procedures for City of Denton parks and athletics facilities; and WHEREAS, the City of Denton City Council finds it is in the public best interest to approvethe Park Usage Agreement; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City of Denton City Council finds that 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 Park Usage 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 duties and 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 approve this ordinance was made by seconded by era,inaK\eAaSe W\%_z/ by the following vote [ la - C) ]: Brian erck and _; the ordinance was passed and approved Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : VACANT. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: \/ ,/ i/ ,/ 1/ t/ PASSED AND APPROVED thi, th, \A d,y ,f O£c©rnbp r 2022 G=#;OR ATTEST: ROSA RIOS, CITY SECRETARY L\\\\11111111 hZoa-32 APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY '- BY: Page 2 of 2 PARK USE A(,REEMENT This Agreement is hereby made and entered into by and between the City of Denton, Texas, a home-rule municipal corporation, hereinafter referred to as "City ", and (hereinafter referred to as “User”), to conduct programs or instructional classes or activities in City of Denton park spaces. The term of this Agreement shall commence on the “Effective Date” (as hereinafter defined) and shall end on September 30, 20 This Agreement serves a valid public purpose and is in the interest of the public. The parties, for consideration mentioned herein, hereto mutually agree as follows: For purposes of this Agreement, the term “User” includes any and all subcontractors or any other persons hired or assigned by the “User” to provide services hereunder. This Agreement shall be construed under the laws of Texas. Venue shall be and remain in Denton County, Texas. I. SCOPE OF SERVICES By execution of this Agreement and all terms, conditions and covenants herein, by all parties here to, the User is permitted the use of City of Denton Parks and Recreation park space located at and agrees to abide by the conditions and responsibilities set forth in this Agreement and attached Exhibits through For purposes of this Agreement, the term “User” includes any and all subcontractors or any other persons hired or assigned by User to provide services hereunder. The User is not authorized to utilize the park space or facility until the following items have been submitted and approved by the City of Denton Parks and Recreation Department: a. A detailed schedule to include all dates and times of facility usage for the proposed activity as mutually agreed upon by the parties (Exhibit A). b. Certificate of insurance (listing the city as an additional insured). The City will maintain operational control of the park space, and by way of its Parks Recreational and Parks Maintenance staff, the City will make its park spaces available to the User for the User to facilitate approved activities. The User is and shall at all times remain as to the City a wholly independent entity. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the User, except as expressly set forth in this Agreement. The User shall not at any time or in any manner represent that the User is in any manner an officer, employee, or agent of the City. No employeebenefits shall be available to the User in connection with the performance ofthis Agreement. Except II. USE OF PARK SPACE AND FEES In consideration of having the ability to utilize the park space, the User agrees to the followingterms and conditions: A. The User shall be subject to a flat fee of $15.00 per hour, which shall be payable to the City of Denton. B. Fees must be paid in full prior to use of the park space. C. Fees can be paid in person or over the phone by contacting the Athletics Manger at 940.349.7218. D. The User must facilitate all activities, and the facilitation of the activities or use of the park space cannot be assigned nor delegated to third parties. E.The User agrees to comply with all park, city, state, and Federal laws, and shall be responsible for monitoring participants to ensure that they comply with all applicable rules and regulations, including safety rules and park space and facility rules, attached as Exhibit B and incorporated herein by reference and the PARD Code of Conduct and Antibullying Policy as attached as Exhibit C and incorporated herein by reference. F. The User agrees to facilitate activities and operate in the safest manner possible and to report all accidents or incidents to the Athletics Manager. G. The User must exercise reasonable diligence and care to ensure that park space is left in an operational state for its intended purpose. Damage to park space caused by User or patrons/participants of User’s services shall be reported to the Athletics Manager immediately by User. H. The User agrees not to store any equipment on City premises upon the conclusion of each actlvlty . 1 The User shall follow City Ordinance Sec. 22-29 (a): it shall be unlawful for any person to place or erect any structure, sign, bulletin board, post, pole or advertising device of any kind in any park or playground or to attach any notice, bill, poster, sign, wire, rope or cord to any tree, shrub, fence, railing, post or other structure in any park or playground in the city without specific permission from the city council. User my display signs, banners, or flags on a temporary basis during their activity or program provided they are: a. Approved in advance by the Athletics Manager b. Removed daily at the conclusion of each session of the program or activity Page 3 of 13 The User represents and warrants that: A. None of the provisions herein contravenes or is in conflict with the authority under which the User is doing business or with the provisions of any existing indenture or agreement oftheUser B. The User has the power to enter into this Agreement and has taken all necessary action to authorize such acceptance of the terms and conditions of this Agreement. C. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. D. The User accepts the park space “as is” or as it is in its current and future condition. The City has made no representations, statements, or warranties, either express or implied, as to the condition of the park space or as to its fitness for a particular use. E. The User agrees to provide sufficient staff and equipment essential for operating its programs/activities. VI. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal, or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. C. The User shall notify City of any changes in personnel or governing board composltlon. VII. INSURANCE A. Without limiting any of the other obligations or liabilities of the User, the User shall provide and maintain through the term of this Agreement the minimum insurance coverage as indicated hereinafter. B. As soon as practicable after notification that this Agreement has been executed by the City but prior to the facilitation of any activities or use of the park space, the User shall file with the City of Denton, satisfactory certificates of insurance including any applicable addendum or endorsements. The User may, upon written request to the City of Denton Risk Management Department, located at 601 E. Hickory St., Ste. A, Denton, TX 76205, ask for clarification of any Page 5 of 13 •Should any required insurance lapse during the Agreement term, requests for location/site use originating after such lapse shall not be processed or approved until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. D.Specific Additional Insurance Requirements: All insurance policies proposed or obtained in satisfaction ofthis Agreement shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Agreement, or longer, if so noted: 1. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent Contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: •Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent Contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. •Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. VIII. INDEMNIFICATION A. To the extent authorized by law, the User agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, death, harm or liability of any kind or character, arising out of or in connection with the actions or omitted actions of the User, its agents, employees, Contractors, sub-Contractors in relation to the use of the Facility, including all such claims or causes of action based upon common, constitutional, Page 7 of 13 IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into thisAgreement as of the day of , 2022. The parties agree to transact business electronically. Any statutory requirements thatcertain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written.USER ATTEST: ROSA RIOS, CITY SECRETARY CITY OF DENTON, TEXAS BY:SARA HENSLEYCITY MANAGERBY: Date : APPROVED AS TO LEGAL FORM: BY: MACK REINWAND, CITY ATTORNEY AUTHORIZED SIGNATURE Printed Name : Title: Date : THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational obligationsand business terms. PHONE NUMBER EMAIL ADDRESS SIGNATURE PRINTED NAME TITLE DEPARTMENT Page 11 of 13 Exhibit A – Proposed Usage If approved by the City and all terms and conditions of this Agreement are met, User will be granted use of the below park space to provide the following program or activity: Activity or Program Name: Activity Description: Location/Facility (include specific area within the Park or Facility): Usage Times: Days : Times: Session Length (number of weeks per session):. Start Date: End Date: Page 13 of 13