4959-Signed Agreement for 2017S:\Materials Management\PRCH\BIDs, RFPs & Contracts\4000-4999\4959 SNOW CONE VENDOR\2017\4959 CONTRACT Agreement Services- Tropical Sno Dealer 2017.doc -2017
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
FILE NO. 4959 – SNOW CONE VENDOR FOR AQUATIC CENTER
THIS CONTRACT is made and entered into this _______ day of _______ A.D., 2017,
by and between Q’s Tropical Sno-Dealer a corporation, whose address is PO Box 2132, Lake
Dallas, TX 75065, hereinafter referred to as "Contractor," and the CITY OF DENTON,
TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective
upon approval of the Denton City Council and subsequent execution of this Contract by the
Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
I.
SCOPE OF SERVICES
Contractor shall provide all labor, supervision, materials and equipment necessary for
Snow Cone Vendor for the Aquatics Park. These products and services shall be provided in
accordance with the Contractor's proposal in response thereto, a copy of which is attached hereto
and incorporated herein for all purposes as Exhibit "A". The Contract consists of this written
agreement and the following items which are attached hereto and incorporated herein by
reference:
(a) Contractor’s Proposal. (Exhibit "A");
(b) Insurance Requirements. (Exhibit "B");
(c) Form CIQ – Conflict of Interest Questionnaire (Exhibit "C").
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as “Contract
Documents.”
II.
TIME OF COMPLETION
Contractor agrees and covenants that all work hereunder shall be complete by September
16, 2017 - (131) days following notice to proceed from City.
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5/15/2017
Or
III.
TERM OF CONTRACT
The initial term of this Contract shall be one year from date of contract execution unless
otherwise stated. The TERM OF CONTRACT will be from May 9, 2017 through September
16, 2017. CONTRACTOR must be onsite and open during posted operational hours for Water
Works Park. CONTRACTOR will abide by the following rules:
CONTRACTOR will be punctual with regards to opening and closing the snow cone
stand during designated hours listed above.
CONTRACTOR will display COD Health Permit in snow cone stand.
CONTRACTOR will keep area clean and clear of trash within 15 feet of the snow cone
stand.
CONTRACTOR must empty trash in snow cone stand and dispose of it by placing it in
Water Works Park (WWP) dumpster at the end of each day.
CONTRACTOR and employees of CONTRACTOR will provide quality customer
service to patrons of WWP.
CONTRACTOR must close the snow cone stand anytime WWP is closed during
inclement weather. CONTRACTOR must reopen the stand if WWP reopens on the same
day after inclement weather has passed. CONTRACTOR may request permission from
the Manager on Duty (MOD) to close the stand for the remainder of the day due to
abnormal weather conditions.
Failure to open and provide service on a scheduled business day will result in the following:
First Day Failure to show constitutes a material breach of contract. CONTRACTOR
will owe The City $100. Amount must be paid to The City the next business day.
Second day Failure to show constitutes a material breach of contract. CONTRACTOR
will owe The City $150. Amount must be paid to The City the next business day.
Third Day - Failure to show constitutes a material breach of contract. CONTRACTOR
will owe The City $200. Amount must be paid to The City the next business day. The
City reserves the right, at our sole discretion, to terminate the contract.
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specifications for said goods and services as set forth in this Agreement and the Contractor’s
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LaQuita R. Harmon
972-816-1116
1523 Nightingale Lane
Q's tropical sno
Owner
5/15/2017
940-498-0652
5/15/2017
Buyer
EXHIBIT A
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CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session
See
1 Name of person who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
3 Name of local government officer with whom filer has an employment or business relationship.
4
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Certificate Of Completion
Envelope Id: 209C60DCB02E4C159EFBA9E400EC3792 Status: Completed
Subject: Please DocuSign: 4959 CONTRACT Agreement Services- Tropical Sno Dealer 2017.pdf
Source Envelope:
Document Pages: 17 Signatures: 3 Envelope Originator:
Supplemental Document Pages: 0 Initials: 0 Jody Word
Certificate Pages: 5
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US &
Canada)
Payments: 0 jody.word@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
5/8/2017 10:28:04 AM
Holder: Jody Word
jody.word@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
LaQuita R. Harmon
qs_tropicalsno@hotmail.com
Owner
Q's tropical sno
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 107.77.198.14
Signed using mobile
Sent: 5/8/2017 10:32:41 AM
Resent: 5/9/2017 2:33:02 PM
Resent: 5/10/2017 11:16:51 AM
Resent: 5/12/2017 2:21:22 PM
Resent: 5/15/2017 9:19:02 AM
Viewed: 5/15/2017 10:21:09 AM
Signed: 5/15/2017 10:24:44 AM
Electronic Record and Signature Disclosure:
Accepted: 5/15/2017 10:21:09 AM
ID: c6ea2bcf-f109-4303-bce3-514ace113b1d
Jody Word
jody.word@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 5/15/2017 10:24:48 AM
Viewed: 5/15/2017 10:31:43 AM
Signed: 5/15/2017 10:32:05 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
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Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Cathy Avery
cathy.avery@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 5/15/2017 10:32:09 AM
Viewed: 5/15/2017 11:12:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Carbon Copy Events Status Timestamp
Julia Winkley
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 5/15/2017 10:32:10 AM
Viewed: 5/15/2017 12:40:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Notary Events Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/15/2017 10:32:10 AM
Certified Delivered Security Checked 5/15/2017 10:32:10 AM
Signing Complete Security Checked 5/15/2017 10:32:10 AM
Completed Security Checked 5/15/2017 10:32:10 AM
Payment Events Status Timestamps
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Electronic Record and Signature Disclosure created on: 4/20/2015 7:25:38 AM
Parties agreed to: LaQuita R. Harmon