HomeMy WebLinkAbout24-1726ORDINANCE NO. 24- 1726
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON BLACK CHAMBER OF COMMERCE,
INC., FOR THE 2024 DENTON BLUES FESTIVAL [N-KIND SPONSORSHIP; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has established Sponsorship Guidelines for the
evaluation, administration, and acceptance of sponsorship requests received by the City; and
WHEREAS, the Denton Black Chamber of Commerce made a sponsorship request in
accordance with the Sponsorship Guidelines; and
WHEREAS, the City Council of the City of Denton hereby finds that the agreement
between the City and Denton Black Chamber of Commerce, Inc. for funds to be used for the
2024 Denton Blues Festival in-kind sponsorship, which is attached hereto and made a part hereof
by reference (the “Agreement”), serves a municipal and public purpose and is in the public
interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City, including the expenditure
of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by (;cr£, a Hba spd L and
seconded by Jt,_ Hq\j4b J . The Or) d by
the following vote Lz - M :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:,/
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :J-7Jill Jester, At Large Place 6:
PASSED AND APPROVED this the Ijl'day of .S.pl.,_b. ._, 2024.
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GERAR ,PiN
ATTEST:
LAUREN THODEN, CITY SECRETARY aiHHanaxa
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APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
BY: £Ksan KeILer
SPONSORSHIP AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
DENTON BLACK CHAMBER OF COMMERCE, INC.
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home
Rule Municipal Corporation, hereinafter referred to as "City", and Denton Black Chamber of
Commerce, Inc., a Texas Non-Profit Corporation, hereinafter referred to as “Organization.”
WHEREAS, City has determined that sponsorship of the 2024 Denton Blues Festival
serves a municipal public purpose and has provided funds in its budget to sponsor certain lawful
activities, events, or services provided by the Organization; and
NOW THEREFORE, the parties hereto mutually agree as follows:
I. INCORPORATION
The recital(s) set forth above are incorporated herein as if set forth in this Agreement in
their entirety.
II. SCOPE OF SPONSORSHIP
The City shall provide in-kind sponsorship support of Twenty Thousand Two Hundred
Forty-Nine Dollars and Seventy/100 ($20,249.70) hereinafter referred to as “Sponsorship Funds”
to Organization to be utilized by Organization in accordance with the Sponsorship Funds budget
attached hereto as Exhibit “A”.
III. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of the Sponsorship Funds from City, Organization agrees to
the following terms and conditions:
A. Sponsorship Funds shall be utilized by the Organization only for the purposes set
forth in the recitals, incorporated herein by Article I.
B. Organization acknowledges receival of and to maintain compliance with
sponsorship eligibility requirements as outlined in the City of Denton Sponsorship Guidelines as
attached as Exhibit “B” and incorporated herein by reference.
C. Organization shall maintain any Sponsorship Funds paid to the Organization by the
City in a separate account, or with segregated fund accounting, such that any reasonable person
can ascertain the revenue source of any given expenditure.
D. Organization shall maintain complete and accurate financial records of each
expenditure of the Sponsorship Funds made by the Organization. These funds shall be classified
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as restricted funds for audited financial purposes. A Financial Report must be submitted by the
end of the agreement term in a report specified by the City.
E. Organization shall complete and submit an Event Performance Report as attached
as Exhibit “C”, within 30 days after the last day of the event.
F. Upon request, Organization shall provide to City its bylaws and any of its policies,
rules and regulations that City deems may be relevant to this Agreement.
G. Organization will not enter into any contracts that would encumber Sponsorship
Funds for a period that would extend beyond the time for performance provided in Section IV of
this Agreement.
H. Organization will appoint a representative who will be available to meet with City
officials when requested.
I. Event organizers are responsible for securing all required permits, licenses,
insurance, and approvals necessary to host a special event as stated in permit applications.
1. Event organizers must submit a completed Special Event application to the City no
later than 60 days prior to the event start date. Activities requiring City Council
approval must be submitted no later than 90 days prior to the event start date. All
required Special Event permits must be obtained and documentation completed and
submitted to the City no later than 30 days prior to the event start date.
2. Event organizers and vendors are responsible for their own set-up and take-down,
including tents, lighting, etc., before and after the event. The City will not provide
labor for vendors or event organizers.
3. Event organizers assume all liability in connection with the special event, including
but not limited to any damages to City property, whatever the cause, while hosting
this event, and agrees to reimburse the City for reparations within thirty (30)
calendar days of receipt of a notice/invoice.
J. Organization shall, at a minimum, provide insurance as follows:
1) $1,000,000 Commercial General Liability, or $1,000,000 Event Insurance,
covering all events taking place on City-owned property, and
2) $500,000 Liquor/Dram Shop Liability for any event occurring on City-owned
property where alcohol will be provided or served.
K. City will be recognized as a sponsor at the appropriate level in promotional and
advertising materials. Use of the City logo must be submitted to the Special Events Supervisor for
approval from the Parks and Recreation Department.
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IV. TIME OF PERFORMANCE
The Sponsored Activity sponsored by City shall be undertaken and completed by
Organization within the following time frame:
The term of this Agreement shall commence on the Effective Date (hereinafter defined)
and terminate September 30, 2024 unless the contract is sooner terminated pursuant to the terms
of this Agreement.
V. PAYMENTS
A. City shall pay the awarded amount of Sponsorship Funds only:
1. after all outstanding invoices with the City been paid in full, and;
2. after all reporting requirements from prior year programs have been met; and
3. after the Effective Date of this Agreement.
B. Organization shall refund to City within ten (10) working days of City's request,
any sum of the Sponsorship Funds which has been paid by City and which City at any time
thereafter determines:
1. has resulted in overpayment to Organization;
2. has not been spent strictly in accordance with the terms of this Agreement;
3. is not sufficiently supported to fully justify the expenditure; or
4. has not been expended by midnight of the Agreement’s termination date.
C. City shall provide in-kind Sponsorship support on the date of the approved special
event for services in Exhibit A.
D. Organizations shall pay the City the balance for in-kind Sponsorship support for
services performed by the City in excess of the approved award.
1) City shall invoice Organization for estimated balance of requested in-kind
Sponsorship support after the Effective Date of this Agreement.
a. Organization must provide City payment by September 30 of the
Agreement year for City services provided.
2) Except as provided in the following Subsection 3, payment for actual cost(s)
incurred in excess of the approved award for services performed by the City must
be paid by September 30 of the Agreement year.
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3. Payment for special events occurring after September 1 of the Agreement year must
provide the City payment for services provided by the City in excess of the
approved award within 30 days after the invoice date following the special event.
4. City shall refund Organization within 30 days of the last date of the special event,
any sum of in-kind Sponsorship payment which has been paid by Organization and
which City determines has resulted in overpayment by the Organization.
VI. EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the Sponsored Activity can be continuously monitored. Organization shall provide to the City its
expenditure reports, including a list of expenditures and copies of invoices or receipts made with
regard to the Sponsorship Funds no later than sixty (60) days after the Sponsored Activity. In
addition, upon City’s request, Organization agrees to provide City the following data and reports,
or copies thereof:
A. All financial records and external or internal audits. Organization shall submit a
copy of the annual independent audit to City within ten (10) days of receipt of City’s request.
B. All external or internal evaluation reports.
C. An explanation of any major changes in Organization’s program services.
D. To comply with this section, Organization agrees to maintain records that will
provide accurate, current, separate, and complete disclosure of the status of Sponsorship Funds
received and the Sponsored Activity performed under this Agreement. The record system of
Organization shall contain sufficient documentation to provide in detail full support and
justification for each expenditure. Organization agrees to retain all books, records, documents,
reports, and written accounting procedures pertaining to the Sponsored Activity and expenditure
of Sponsorship Funds under this Agreement for five (5) years.
E. Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and benefit of
Sponsored Activity provided under this Agreement.
VII. DIRECTORS' MEETINGS
Upon City’s request, minutes of all meetings of Organization’s governing body shall be
available to City within ten (10) working days of the date of approval of the minutes.
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VIII. TERMINATION
The City may terminate this Agreement for cause if Organization fails to perform the
Sponsored Activity, violates any covenants, agreements, warranties or guarantees of this
Agreement, the Organization’s insolvency or filing of bankruptcy, dissolution, or receivership, or
the Organization' violation of any law or regulation to which it is bound under the terms of this
Agreement. The City may terminate this Agreement for any reason. Upon termination of this
Agreement, only those expenditures authorized by Exhibit A and the program guidelines in Exhibit
B, which are actually incurred during the program period, for events and activities taking place
within the program period, are eligible for funding under this Agreement, and any ineligible
expenditures or unspent funds shall be forfeited to City.
IX. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Organization shall comply with all applicable federal, state, and local laws,
including those applicable to equal employment opportunity. Organization agrees not to
discriminate against any person or class of persons by reason of race, color, national origin, age,
religion, disability, sex, sexual orientation, and gender identity in its provision of the Sponsored
Activity. To the extent this Agreement provides that Organization offer accommodations or
services to the public, such accommodations or services shall be offered by Organization to the
public on fair and reasonable terms.
B. Organization will furnish all information and reports requested by City, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, state, and federal rules and regulations.
C. In the event of noncompliance by Organization with federal, state, or local law, or
the nondiscrimination requirements, the Agreement may be canceled, terminated, or suspended in
whole or in part, and Organization may be barred from further contracts with City.
X. WARRANTIES
Organization represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by City and
furnished to City, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written notice to
City.
B. Any supporting financial statements heretofore requested by City and furnished to
City, are complete, accurate and fairly reflect the financial conditions of Organization on the date
shown on said report, and the results of the operation for the period covered by the report, and that
since said data was provided to City, there has been no material change, adverse or otherwise, in
the financial condition of Organization.
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C. No litigation or legal proceedings are presently pending or threatened against
Organization.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Organization is doing business or with the provisions of any existing indenture or agreement
of Organization.
E. Organization has the power to enter into this Agreement and accept payments
hereunder and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of Organization are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization to City.
G. Organization acknowledges and agrees that City maintains sole discretion over
which entities are eligible to become a sponsored organization. The Organization has no
expectation, and City has no obligation, to provide any support or funding during and after the
term of this Agreement which exceed the Sponsorship Funds authorized by this Agreement.
Organization disclaims the right to any sponsorship, fees, or benefits except as expressly provided
for in this Agreement.
H. Organization acknowledges and agrees that this Agreement and the provision of the
Sponsored Activity hereunder is nonexclusive, and that City may enter into similar agreements
with other entities.
I. The Sponsored Activity described herein shall be provided in accordance with all
ordinances, resolutions, statutes, rules, regulations and laws of the City and any federal, state, and
local governmental agency of competent jurisdiction.
J. Organization and any agent or employee of Organization shall act in an independent
capacity and not as officers or employees of the City. City assumes no liability for Organization’s
actions and performance of the Sponsored Activity, nor assumes responsibility for payments,
bonds, taxes, or other commitments, implied or explicit, by or for the Organization. Organization
shall not have authority to act as an agent on behalf of the City.
K. Organization is not opposing the City in any pending or ongoing legal proceeding.
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.
XI. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties.
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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
change is automatically incorporated into this Agreement without any action required of the
Parties, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
C. Organization shall notify City of any changes in personnel or governing board
composition.
XII. INDEMNIFICATION
ORGANIZATION 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, OR LIABILITY OF
WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT BY THE ORGANIZATION OR ANY
SPONSORED ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, INCLUDING
ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON,
CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART,
UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF
ORGANIZATION, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS,
LICENSEES AND INVITEES.
XIII. CONFLICT OF INTEREST
A. Organization covenants that neither it nor any member of its governing body
presently has any interest, direct or indirect, which would conflict in any manner or degree with
the performance of the Sponsored Activity required to be performed under this Agreement.
Organization further covenants that in the performance of this Agreement, no person having such
interest shall be employed or appointed as a member of its governing body.
B. Organization further covenants that no member of its governing body or its staff,
subcontractors or employees shall violate or cause to be violated the City Ethics Ordinance, as
amended, or possess any interest in or use their position for a purpose that is or gives the
appearance of being motivated by desire for private gain for himself/herself, or others; particularly
those with which he/she has family, business, or other ties.
C. No officer, member, or employee of City and no member of its governing body
who exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall violate or cause to be violated the City Ethics Ordinance, as
amended, or participate in any decision relating to the Agreement which affects his personal
interest or the interest in any corporation, partnership, or association in which he has direct or
indirect interest.
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XIV. PROHIBITED CONTENT
Sponsored Activity recognition, signage, branding, publicity, and advertising in
conjunction with the Agreement shall not contain obscenity; pornography; incitement to imminent
lawless action; speech presenting a grave and imminent threat; fighting words; fraudulent material;
defamatory, libelous, or slanderous material; solicitations to commit, or speech integral to,
criminal conduct; promotion of drugs, tobacco, gambling, or adult entertainment; political
campaign speech, political advertising, or speech that supports or opposes or appears to support or
oppose a ballot measure or initiative, or refers to any person in or campaigning for public office.
XV. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered, or certified, return receipt
requested, or via hand-delivery or facsimile, addressed to Organization or City, as the case may
be, at the following addresses:
CITY ORGANIZATION
City of Denton, Texas Denton Black Chamber of Commerce
Sara Hensley, City Manager Kerry Goree, Chairman
215 E. McKinney P.O. Box 51026
Denton, TX 76201 Denton, TX 76206
Either party may change its mailing address by sending notice of change of address to the other at
the above address by certified mail, return receipt requested.
XVI. MISCELLANEOUS
A. Organization shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City.
B. Subcontract for Performance of Services. Nothing in this Agreement shall
prohibit, nor be construed to prohibit, the agreement by Organization with another private entity,
person, or organization for the performance of those services described in Article I. In the event
that Organization enters into any arrangement, contractual or otherwise, with such other entity,
person or organization, Organization shall cause such other entity, person, or organization to
adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement. If
any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining
provisions shall remain in full force and effect and continue to conform to the original intent of
both parties hereto.
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1. In no event shall any payment to Organization hereunder, or any other act or
failure of City to insist in any one or more instances upon the terms and conditions
of this Agreement constitute or be construed in any way to be a waiver by City of
any breach of covenant or default which may then or subsequently be committed
by Organization. Neither shall such payment, act, or omission in any manner
impair or prejudice any right, power, privilege, or remedy available to City to
enforce its rights hereunder, which rights, powers, privileges, or remedies are
always specifically preserved. No representative or agent of City may waive the
effect of this provision.
C. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE CITY’S AGGREGRATE
LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF
OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
EXCEED THE TOTAL OF THE AMOUNTS PAID AND AMOUNTS ACCRUED BUT NOT YET PAID TO
ORGANIZATION PURSUANT TO THIS AGREEMENT IN THE 90 DAY PERIOD PRECEDING THE
EVENT GIVING RISE TO THE CLAIM THE AMOUNT OF SPONSORSHIP FUNDS AWARDED,
WHICHEVER IS LESS.
D. This Agreement, together with 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, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of
Texas and venue of any litigation concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the ________ day of ________________, 2024 (“Effective Date”).
CITY OF DENTON, TEXAS
____________________________________
SARA HENSLEY,
CITY MANAGER
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17th September
Denton Black Chamber of Commerce
___________________________________
Chairman
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: __________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
____________________ Jessica Willaims
SIGNATURE PRINTED NAME
Chief Financial Officer
TITLE
Finance
DEPARTMENT
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EXHIBIT A
Denton Black Chamber of Commerce
Estimate of City Services
Fiscal Year 2023-2024
2024 Denton Blues Festival
Park and Facilities fees $ 8,100.00
Park Personnel 5,383.00
Park Materials and Supplies 1,338.00
Police Personnel 8,800.00
Fire Personnel 678.70
Total Estimate of City Services $ 24,299.70
Total In-Kind Sponsorship Award $ 20,249.70
Amount to be invoiced to the organization $ 4,050.00
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EXHIBIT B
City of Denton Sponsorship Guidelines
I. PURPOSE
The purpose of the guidelines is to provide requirements for the evaluation, administration, and
acceptance of Sponsorship requests received by the City of Denton for community events.
II. GENERAL OVERVIEW
The City allocates funds annually for the purpose of providing support to non-profit and civic-minded
programs and organizations, which further a charitable cause, economic or community growth, or
serve a public interest. The City provides a combination of cash in consideration of sponsorship
requests and in-kinds services and resources. The distribution of in-kind services and resources are
leveraged annually through an application process in accordance to this guide and is based on annual
budgetary allocations.
This guide serves to implement best practices to ensure impartial decisions are made
in consideration of sponsorship applications and agreements.
The guide also serves to help maintain the City’s Core Values and vision that Denton is a memorable
destination and a community of opportunities that fosters extraordinary quality services and
collaboration relative to co-sponsorship agreements.
The guide does not apply to the allocation or distribution of cash, grants, and/or HOT Funds.
The City reserves the right to decline any request for community event sponsorship if deemed not to be
in the best interest of the City, or if acceptance would create a conflict of interest for the City. The free
use of park facilities for a non-profit organization’s meeting requests is not applicable to
this policy, but rather subject to the City Policy 500.06; Use of City Facilities and Meeting Rooms.
III. ELIGIBILITY CRITERIA
In the event of conflict between the guidelines and other City policies, this guideline will prevail
pending proper approvals. Denton City Council, at its discretion, may grant variances to this policy.
City staff is responsible for the initial assessment of requests that are received in the form of an
application. In accordance with the guidelines, sponsorship requests will only be considered for events
and/or organizations hosting events that meet the eligibility criteria listed below. City staff will seek
consultation with appropriate City stakeholders (e.g. City Legal, Finance Department), as needed.
General Relevance
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A. Must be a non-profit Texas corporation, federally tax-exempt under the Internal Revenue
Code (501 (c) (3)) or public agency;
B. Must demonstrate corporate good standing with the state of Texas at time of application;
C. The applicant must be based in the City of Denton and hold the event which support is
requested in the City of Denton;
D. Must have programming, administrative practices and board membership that does not
discriminate on the basis of race, color, religion, national origin, or sexual orientation or
gender identity, citizenship, familial, disability, or veteran status;
E. If previously sponsored, applicant must have successfully fulfilled all prior contracts;
F. The applicant cannot represent a for-profit enterprise;
Community Engagement
A. Must further a charitable cause, economic or community growth, or public interest;
B. The event must serve to benefit the entire community;
C. The event must be open to the public;
D. The event must encourage community engagement;
Safe, Livable and Family-Friendly
A. The event must be held in a safe, accessible and family-friendly location;
B. The event must support the City’s mission, vision, and core values in a positive manner;
C. The event must be compliant with the Special Events Ordinance;
D. The event must be able to show proof of liability insurance.
The City reserves the right to reject a sponsorship request at any time. Examples of requests that are
typically deemed ineligible include, but are not limited to individuals, organizations, and/or businesses
who promote hatred against individuals or groups, represent religious or political views, candidates,
and campaigns, and whose primary products or services are derived from the sale of tobacco, alcohol,
drugs, firearms, gambling, or sexually explicit or inappropriate materials. For-profit organizations are
not eligible for sponsorship even if some proceeds are donated to non-profit organizations.
IV. SPONSORSHIP REQUIREMENTS
A. An executed contract with the City will be administered for the receipt of these funds.
B. A performance report provided to the City thirty-days after the event to illustrate
compliance to the program guidelines and contract.
C. Organization shall market the City as a sponsor at the event and/or through marketing
materials.
In all publications (e.g., flyers, programs, brochures, press releases, advertisements,
annual reports and all other mailing pieces), recipient shall acknowledge in some
meaningful way that their organization is funded in part by the City of Denton. Such
acknowledgement might take the form of inclusion on a donors list for events. Recipients
are advised that usage of the official City logo is restricted by policy (505.02) and
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ordinance. Any use of the City logo must be coordinated with and approved by the
appropriate City representatives, to ensure compliance with these standards. Written
authorization must be obtained from the City Manager or their designee.
D. Organization shall maintain complete and accurate financial records of each expenditure
of the sponsorship revenue, and report these to the City Manager or their designee by the
end of the contract term in a report specified by the City. All financial records and any
other records relating to the contract shall be subject to the requirements of the Public
Information Act.
E. Check payments to approved contracts will be made in the first quarter of the City’s fiscal
year.
V. LIMITATION OF SPONSORSHIP FUNDS
• Sponsorship funds will not be provided to City departments.
• Co-Sponsorship requests for in-kind services of park and facilities fees will be funded up to
50%.
VI. CONTRACT TERMS
The contract period will commence on October 1 of the current year and terminate at midnight on
September 30 of the following year. A thirty-day grace period is provided which allows events in
September to finalize their reporting of expenditures. Either party may terminate the contract by sixty
days written notice.
VII. REQUEST AND APPLICATION PROCESS
Funds allocated for sponsorship and determination of subsidy is established by City Council during the
annual budget process. The application deadline is strategically set to provide City Council the
opportunity to consider and approve requests based on allocated funds set to be adopted in the budget
for the following fiscal year.
The following summarizes process responsibilities in the steps outlined below:
Community Partnership Committee| Assigned by City Council, assesses applications based on
secondary criteria and value to the community prior to making recommendations to City Council.
City Council | Allocates sponsorship budget; approves or denies sponsorship requests.
STEP 1 | Application Submission
Submission
Sponsorship request applications are accepted annually for community events
taking place in the next fiscal year.
The sponsorship application does not replace or provide exemptions from
applicable permit requirements. A Special Event Permit is required to host a
community event per the most recent ordinance enacted at the time of application.
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Deadline
Sponsorship applications must be submitted electronically no later than the
deadline set each year by the sub-committee.
An exception to the deadline is made for first-time events seeking co-sponsorship
support, however consideration may be potentially impacted by staff and facility
availability and limited budgetary resources.
Application
Requirements
Applicants must submit all the following requirements that are outlined
in the application. Failure to do so may deem the application incomplete.
• Event organizer and/or organization contact details;
• Proposed event, date(s), and location(s);
• Anticipated attendance and historical attendance, if applicable;
• Description and purpose of the event;
• Statement of how the event benefits the community;
• Statement of request and itemized in-kind services and resources;
• Description of how the requested co-sponsorship support will
complement other funding provided by the City, when applicable
• Disclosure of other funding or support requested and/or received by the City
STEP 2 | Application Assessment
Assessment
Special Events Supervisor and/or other City Staff will review and assess all
applications based on the eligibility criteria. All applications are individually
assessed and reviewed.
Value
Allocation
Special Events Supervisor and City department stakeholders will review each
application and apply a cost and/or value to each in-kind service request and
resource based on current fees, costs, and prior year actuals. A sponsorship
allocation report will be attached as a supplemental document to the application.
STEP 3 | Subcommittee Review and Recommendations
Review
The applications that meet eligibility criteria will be delivered with the allocation
report to City Council’s designated subcommittee for review and consideration for
City Council recommendations.
During this process a set of secondary criteria may be considered by the
subcommittee, in no particular order of importance or weight, to help further
identify the ranking of applications for City Council’s consideration.
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Secondary Criteria may include, but is not be limited to:
• Impact on existing City operations, assets, facilities, and resources
• Impact on the delivery of City services
• Extent of City-wide value and economic benefits
• Production of measurable outcomes in alignment with City’s Strategic Plan
• Demonstrated public support for the proposed event
• Financial need and event financial stability
• Funding and support from other City programs
• Experience in the planning and execution of the proposed event
• Impact on residential and business communities, including but not limited
to street closure requests, traffic flow, and interference with commercial
and/or business activities
• Other factors deemed relevant to the co-sponsorship request,
including but not limited to, reoccurring events that are in good standing
Recommendation
Sub-committee’s recommendations will be submitted for consideration to City
Council during the annual budget work session meeting.
STEP 4 | City Council Review and Approval
City Council
Review
Sponsorship requests can be approved as submitted, revised, or denied by City
Council.
STEP 5 | Notification and Co-Sponsorship Agreement
Completion
The Grant Office will notify individual applicants of City Council’s approval or
denial for sponsorship. Sponsorship approvals will be effective beginning October
1 of the upcoming fiscal year. Approval for sponsorship in one year does not imply
or guarantee approval in subsequent years. Council will approve each sponsorship
agreement by ordinance in a regular meeting during the first quarter of the City’s
fiscal year.
VIII. APPLICATION PROVISIONS
Budget
Allocation
The annual approved budget for sponsorships may not be increased
unless a budget adjustment is approved by City Council.
Award of
Funding or
In-Kind
Services
City Council approval of awards does not guarantee receipt of award.
Disbursement of funding and/or in-kind service sponsorship awards are
dependent on compliance with all applicable contract terms, permits, and
ordinance requirements.
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Facility Use The availability and capacity of a City park and/or facility will be verified during
the application process.
Permits The City will not waive issuance of permit requirements or applicable permit
fees under any circumstances.
Insurance
The City will not waive insurance requirements under any circumstances.
Indemnification and proof of insurance is required as part of the agreement
in accordance with City’s Special Events Ordinance.
Non-Profit
Status
Verification of non-profit status might be requested in the form of documentation
to the City sufficient to prove non-profit status, such
as Articles of Incorporation and/or IRS Employer Identification Number. The
organization must be in good standing with the State of Texas during the
application process through the end of the event.
Employee
Ethics Policy
(10.00)
Sponsorship application requests must be initiated by the applicant
and not pursued by City staff in order to remain impartial. No City employee
shall directly or indirectly solicit, seek, or accept anything of value in return for
being influenced in the performance of an official act; influenced to commit, aid
in committing, collude or allow fraud; or induced to perform or fail to perform an
act in violation of the employee’s official duty or the City’s Employee Ethics
Policy (10.00). In order to eliminate risk to City employees and to manage any
possible conflicts regarding co-sponsorship requests, no City employee shall
engage in any solicitation of co-sponsorship or enter into an agreement or
approval on behalf of the City.
IX. TERMS AND DEFINITIONS
Applicant Refers to the person submitting the request as one of the following:
• Organizer of the proposed event
• Representative of the organization hosting the proposed event
• Committee and/or board member of presiding organization
Conflict
of Interest
A conflict of interest is a situation in which personal, and/or financial,
considerations have the potential to influence or compromise professional
judgement or actions. They are subject to sensitivities based on perception and
can negatively compromises the integrity of the City’s public image. In order to
manage the associated risks, real or perceived, it is the City’s policy to address
conflict of interest through disclosure and recusal.
Sponsorship
Agreement
Specifies the City’s contribution of cash and/or in-kind services and resources
and outlines the responsibility, risk, and accountability of the applicant.
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In-Kind Services
or Resources
Where City services and resources are leveraged in lieu of cash
for sponsorship offerings. Examples include staff time, public
safety services, equipment use, and/or the use of City facilities.
Public Agency
Public agency refers to an organization with administrative or functional
responsibilities which are directly or indirectly affiliated with a governmental
body, state, or local jurisdiction. Examples include universities and/or
public-school districts.
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EXHIBIT C
City of Denton Event Performance Report
Organization Name:
Name of Event:
Physical Address of the Event:
Contact Name:
Title: Telephone:
Email:
Complete the following questions regarding your sponsored event
Event Date(s):
1. Event Summary
Please provide a short summary of your event
2. Changes to Event from Application
If our event was updated or changed in some way since you applied for sponsorship
funding, please describe the changes that occurred.
3. Sponsorship type
Type of City Sponsorship received by your organization
Cash only Cash and In-Kind In-kind only
4. Sponsorship/In/Kind Sponsorship process
Overall satisfaction with the Sponsorship/In-Kind Sponsorship process?
5=Very Satisfied 4=Satisfied 3=Neutral 2=Dissatisfied 1=Very Dissatisfied
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5 4 3 2 1
Comments:
5. Special Events process
Overall Satisfaction with the Special Event process?
5=Very Satisfied 4=Satisfied 3=Neutral 2=Dissatisfied 1=Very Dissatisfied
5 4 3 2 1
Comments:
6. Special Event Guides
Do you agree the Special Events guide provided all of the information needed to navigate
the process?
5=Strongly Agree 4=Agree 3=Neutral 2=Disagree 1=Strongly Disagree
5 4 3 2 1
Comments:
7. City Services provided
Select all services provided
__Park / Park Facility
__Park Personnel (maintenance and building attendants)
__Police Personnel
__Fire Personnel
__Solid Waste Services
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__Other services not listed (please specify)______________________
8. What was the estimated attendance of the event?
If multi-day event, estimated attendance by day
9. Number of vendors at the event
______Vendors based in Denton
______Vendors based outside of Denton
10. Public Safety/Police Coverage
a. Did you feel public safety/police coverage was adequate?
__Yes __No
Comments:
b. Was there a police related incident during your event?
__Yes __No
Comments:
11. Solid Waste services questions
a. Did you have adequate trash and recycling services?
__Yes __No
Comments:
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b. Do you expect a changed in the solid waste services needed for next year’s
event?
__Yes __No
Comments:
12. Overall comments:
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