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RESOLUTION NO. 2013 - 09 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO ALLOW FOR THE TEMPORARY VENDING OF BEER AND/OR WINE IN EAST CITY PARK UNDER SPECIFIC REGULATIONS AND UNDER CERTAIN LIMITED CONDITIONS PURSUANT TO MOSCOW CITY CODE 5-13-4(B); PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, Moscow City Code 5-13-4(B) prohibits the possession of alcoholic beverages while present in a public park in the City of Moscow, Idaho (hereinafter "City" or "the City") except in accordance with specific regulations adopted by Council by Resolution; and WHEREAS, East City Park in Moscow is a City park as defined at Moscow City Code 5-13-3(0) (hereinafter "the Park"); and WHEREAS, Palouse Pride Festival (hereinafter "the Permitted Event(s)") is an event or series of events sponsored by Inland Oasis, Inc. (hereinafter "the Event Sponsor"), intended to promote family and community fellowship; and WHEREAS, Council wishes to allow for the vending and responsible consumption of beer and/or wine under certain conditions, contained herein and during limited hours during the Permitted Event(s); and WHEREAS, the Event Sponsor has paid the fee associated with the consideration of this Resolution; and WHEREAS, Council wishes to prohibit the sale and/or consumption of liquor during the Permitted Event(s); and WHEREAS, Council believes the regulations contained herein are appropriate; and WHEREAS, Council believes that the specific regulations contained herein balance health and safety concerns of citizens with the desire to promote responsible use of beer and wine; and WHEREAS, nothing contained in this Resolution is intended to waive other laws and regulations applicable to the sale and consumption of alcohol within City limits; and WHEREAS, nothing contained within this Resolution is intended to endorse or support any particular belief, philosophy, or political position of the Event Sponsor or of the Permitted Event(s), and/or its affiliates, associations, contributors, supporters, participants, etc.; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: SPECIFIC REGULATIONS ON THE SALE AND/OR CONSUMPTION OF BEER AND/OR WINE DURING PALOUSE PRIDE FESTIVAL 2013: Intent: This Resolution is intended to allow the sale and consumption of beer and wine only (and not liquor), pursuant to these specific regulations and is not intended to amend or expand the Moscow City Code or RESOLUTION 2013 - 09 JULY 1, 201 3 PAGE 1 OF4 B EER-W INE SALES- PALOUSE PRIDE FESTIVAL, 2013 ---PAGE BREAK--- any other applicable law or regulation beyond the scope of the particulars of this Resolution or beyond the hours of the Permitted Event(s). Other than as specifically provided herein, park, sanitary, health, litter, police, fire, sidewalk cafe, alcohol vending, and other laws and regulations shall be unaffected by this Resolution. This Resolution shall not establish precedent nor shall it apply to any event other than the Permitted Event(s) held on the lOth day of August, 2013 from 12:00 p.m. to 4:00p.m. local time. Liability, Insurance and Safety: 1. No less than ten (10) days prior to the Permitted Event(s) at which the licensed vendor will sell beer and wine, the Event Sponsor shall deliver to the City Clerk one copy of written proof that the licensed vendor has current, paid up, off-premise alcoholic beverage liability insurance or special event insurance in an amount not less than One Million Dollars ($1,000,000) combined single limits. 2. No less than ten (10) days prior to the first activity of the Permitted Event(s) herein described, the Event Sponsor shall deliver to the City Clerk one copy of written proof that the Permitted Event( s) has obtained current, paid up, general liability insurance or special event insurance in an amount not less than One Million Dollars ($1,000,000) combined single limits. Such general liability insurance or special event insurance policy shall be primary to any other insurance related to these events and to that of any potential party subject to a claim related to the Permitted Event(s). 3. City shall be named as an additional insured on the insurance policy of the licensed vendor. 4. No less than ten (10) days prior to the Permitted Event(s), the Event Sponsor shall deliver to the City Clerk the signed original of the agreement, attached as Exhibit with City to defend, hold harmless and indemnify City of Moscow, Idaho, its agents, servants, employees, officers and contractors from any and all claims, causes of action or damages which may arise from the Event Sponsor use of the Park premises. 5. The Moscow Police Chief or designee is hereby empowered to order the immediate cessation of all activities allowed under this Resolution at any time he/she reasonably determines that it is in the best interest of City to do so. There shall be no appeal from a determination by the Moscow Police Chief or his/her designee to terminate all or part ofthe Permitted Event(s). Vendor: 1. There shall be only one licensed vendor of beer and/or wine at the Permitted Event(s); 2. All alcoholic beverages shall be sold only by a licensed vendor; 3. Every licensed vendor shall comply with all alcohol related laws and regulations·, including, but not limited to, the City requirement of a catering permit; 4. The name, address, telephone number, alcohol license permit number of every licensed vendor, and proof of insurance covering the vendor's activities (as required herein) shall be provided to the City Clerk no less than ten (10) days prior to the Permitted Event(s) at which such licensed vendor shall sell alcoholic beverages; 5. The City shall play no role in determining which vendor shall be selected to sell beer/wine beverages in the Park during the Permitted Event(s); described herein 6. The vendor shall provide at least two persons to check proper identification for those who shall be sold beer and wine during the Permitted Event(s). These persons shall be clearly identified and shall be stationed at the entrance to the designated sales and consumption area and no less than ten feet (10') from any sales or dispensing counter; 7. There shall be at least one police officer providing security, clearly identified as such, on duty at all times whenever beer/wine is being served. Additional police officers shall be required as determined by the Moscow Chief of Police. All police officers required for the event shall be paid for by the Event Sponsor. City shall be paid at the rate of sixty dollars ($60) per hour for each Moscow Police officer providing such security. The Event Sponsor and City both specifically understand and acknowledge that the Event Sponsor shall be solely responsible for any and all RESOLUTION 2013 - 09 JULY1,20J3 PAGE20F4 BEER-WINE SALES- PALOUSE PRIDE FESTIVAL, 2013 ---PAGE BREAK--- liability resulting from action or inaction, negligence, and/or gross negligence by security provided by the Event Sponsor for the Permitted Event(s), including, but not limited to, every police officer required by this Agreement. Sales and Consumption: 1. No less than ten (1 0) days prior to the Permitted Event(s) at which the licensed vendor will sell beer/wine, the Event Sponsor shall deliver to the City Clerk three copies of a site map which shall be drawn to show the locations, dimensions of, and relative distances between the following: the beer/wine garden within the park; the barricade, sales and/or dispensing area, consumption area, entry and exit points; identification checking station; and food sales and service areas. Said site design and any subsequent alterations shall be approved in writing by Moscow City Parks and Recreation Director or his/her designee, and by the Moscow Chief of Police prior to the Permitted Event(s). 2. All beer/wine sales and consumption shall take place within the area designated by the Event Sponsor and as shown on the site map required by this Resolution; 3. The designated sales and service area(s) shall be physically separated from the rest of the Park by a barricade which is no less than four feet tall and which is constructed so no person can pass under, over, or through it except at established entry and exit points located, as shown, on the site map required by this Resolution. All sales, dispensing, service, and consumption shall take place inside the approved barricade; 4. All food sales and service shall be located outside the approved barricade and have a space of no less than ten feet (1 between the approved barricade and food sales or service area; 5. No person shall be allowed to purchase, consume or possess alcohol other than within the area designated for beer/wine sales and consumption as shown on the map required by this Resolution; 6. There shall be no more than one entrance and one exit to each area designated for beer/wine consumption, as shown on the map required by this Resolution; 7. All beer/wine shall be dispensed in and consumed from its original container. Such container shall be a readily identifiable container not more than sixteen ounces (16 oz.) in size which shall not bear a logo for a non-alcoholic beverage; 8. Every occupant within the area(s) designated for beer/wine consumption shall provide identification to law enforcement officers or City employees who request it. 9. No person under twenty one (21) years of age shall be present in the area(s) designated for beer/wine sales or consumption at any time beer/wine is being served. 10. A sign shall be prominently posted at or near the entrance and exit to each area designated for beer/wine sales or consumption stating that entrance by persons under twenty one (21) years of age is prohibited. 11. Beer/wine shall be sold only within the designated areas at the Park only between the hours of 12:00 p.m. and 4:00p.m. local time on the lOth day of August, 2013; 12. Beer/wine shall be consumed only within the designated area at the Park only between the hours of 12:00 p.m. and 4:00p.m. local time on the lOth day of August, 2013, during the Permitted Event(s); 13. No person shall carry or consume ari alcoholic beverage within the Park which is not purchased or dispensed from the licensed vendor at the Permitted Event(s) and consumed within the approved consumption area. Consumption of alcohol within the Park and outside of the approved consumption area shall be considered a violation of the City's open container ordinance. Failure To Comply: Failure to comply with this Resolution shall expose any such person to all relevant civil and criminal consequences and may result in denial of subsequent applications for alcohol permits in public parks for a period [of] no less than five years. RESOLUTION 2013-09 JULY I, 2013 PAGE 3 OF4 BEER-WINE SALES -PALOUSE PRIDE FESTIVAL, 2013 ---PAGE BREAK--- PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 1st day of July, 2013. ancy~a~ Signature of Authorized Representative: I, I~ S f as the authorized representative of the Event Sponsor have read, understood, nd ee to fulfill all of the cond1t1ons and obhgatlons set forth m this Resolutwn. STATE OF IDAHO RESOLUTION 2013 - 09 ) ) ss. ) ACKNOWLEDGMENT JULY 1, 2013 8EER-WlNE SALES-PALOUSE PRIDE FESTIVAL, 2013 ( r 2...ot.3 Date PAGE40F4 ---PAGE BREAK--- 3rd St. l"'uuroe St. ri?ml 0 0 IOxiO l.mulh •p.lo.:c Q•re• r-1 St.t.tu• ( ) L_J iiiiiiii pt.lh - b-A.thruuru,. . ---PAGE BREAK--- AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND INLAND OASIS, INC. FOR THE PALOUSE PRIDE FESTIVAL EVENT THIS AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY, between City of Moscow, Idaho (hereinafter "CITY") and the _sponsor of the event, Inland Oasis, Inc. (hereinafter "OASIS"), is made and entered into this11 f1v' day of ,j vJ~ , 2013. WHEREAS, Resolution No. 2013-ltl of the City of Moscow, idaho passed and approved on the ~ day of J~ , 2013 provides, in part, for the person(s) and or group holding the approved event to ter mto an agreement with CITY to defend, hold harmless and indemnify CITY, its agents, servants, employees, officers and contractors from any and all claims, causes of action, or damages which may arise from the sponsor's use of CITY park premises for the approved event; and WHEREAS, this Agreement meets such requirement; NOW, THEREFORE, CITY and OASIS agree as follows: AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY; OASIS, through its duly and specifically authorized agents hereby releases CITY and agrees, contracts and covenants not to bring suit and agrees to defend, hold hannless, and indemnify CITY, its officers employees, agents and representatives from any and all claims, costs, judgments, awards, or liability to any person including claims by OASIS own agents, officers, employees and representatives to which OASIS might otherwise be immune, arising from the Palouse Pride Festival event scheduled to occur August 10, 2013, permitted under the terms of Resolution No. 2013-__ , except for claims based upon the sole negligent, intentional acts of CITY. OASIS expressly agrees that this indemnity provision extends to any and all claims for injury, sickness, or death of any person, including officers, employees, agents and representatives arising out of, related to, or caused by the presence, dispensing, safe gift, or ingestion of alcohol by OASIS or its officers, employees, agents and representatives including, but not limited to, the caterer and/or vendor of alcohol during the Palouse Pride Festival event. Inspection, review and/or acceptance by the City of any activity performed by or during Palouse Pride Festival or any activity or non-activity by CITY police officers or other officers, employees, agents or representatives of CITY shall not be grounds for avoidance of any of the covenants of defense, indemnification or hold harmless by OASIS in behalf of CITY contained in this Agreement. AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (PALOUSE PRIDE fESTIVAL 2013) PAGE I OF2 ---PAGE BREAK--- SIGNED this -lit day of J ~ , 2013. OASIS. CITY OF MOSCOW, IDAHO Kathy Sprague ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. COUNTY OF LATAH On this II~ day of .j vV~ , 2013, before me, a Notary Pl!blic in and for said State, appeared Kathy Sprague, ~wn to me to be the person named above and acknowledged that she executed the foregoing document as having been specifically authorized and having authority to bind Palouse Pride Festival to this Agreement. AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (PALOUSE PRIDE FESTIVAL 2013) PAGE20F2 ---PAGE BREAK--- Client#· 183497 511NLOASI ACORD,M CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) 06/28/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER ~2~~~cr Mike Rydbom Hub lnt'l. Mountain States Ltd ~lJ8HJo Ext}: [PHONE REDACTED] I fffc. No): [PHONE REDACTED] 375 S Grand Ave ~6'1f~~ss : [EMAIL REDACTED] PO Box 717 INSURER(S) AFFORDING COVERAGE NAIC# Pullman, WA 99163 INSURER A : Scottsdale Insurance Company 41297 INSURED INSURER B: Inland Oasis Inc. INSURER C: PO Box 8205 Moscow, 10 83843 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~ R ,~8J'55MVY) ~8J'55M~~~ LIMITS LTR POLICY NUMBER A GENERAL LIABILITY X OPS0061768 03/13/2013 03/13/201-4 EACH OCCURRENCE s1 000 000 - ~ ~MMERCIAL GENERAL LIABILITY s300 000 CLAIMS-MADE D OCCUR MED EXP (Any ana parson) s5 000 - PERSONAL & ADV INJURY $1 000 000 - GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COM PlOP AGG $2 000 000 1 POLICY n n LOG $ AUTOMOBILE LIABILITY - fE~~~~d~lf 1NGLE LIMIT $ ANY AUTO BODILY INJURY (Par parson) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Par accident) $ NON-OWNED lP~?~zc~d-z,gAMAGE HIRED AUTOS AUTOS $ $ UMBRELLA LlAB H OCCUR EACH OCCURRENCE $ EXCESS LlAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION l fi5R~TtJ~Y-fs I I ~H · AND EMPLOYERS' LIABILITY YIN ANY PROPRlETORIPARTNERIEXECUTIVED E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE- EA EMPLOYEE $ If yes, describe under E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Event: Palouse Pride 2013 on August 10,2013 at East City Park in Moscow. Certificate Holder is listed as Addtionallnsured on the above policy, per attached form CG2026. CERTIFICATE HOLDER CANCELLATION City of Moscow SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 9203 ACCORDANCE WITH THE POLICY PROVISIONS. Moscow, 10 83843 AUTHORIZED REPRESENTATIVE J © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (201 0/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S398449/M398447 LBR1 ---PAGE BREAK--- POLICY NUMBER: OPS0061768 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) City of Moscow P.O. Box 9203 Moscow, ID 83843 *The City of Moscow, its agents, servants, employees, officers, and contractors are held harmless from any and all claims, causes of action or damages which may arise from Lessee's use of said premises. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II • Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1