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2014-322ORDINANCE NO. 2O 14-322 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR GOLF CONTRACTOR SERVICES FOR THE CITY OF DENTON PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5490-AWARDED TO PREMIER JUNIOR GOLF DEVELOPMENT, LLC 1N THE THREE (3) YEARNOT-TO-EXCEED AMOLJNT OF $300,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for golf contractor services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIONmmmml. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5490 Premier Junior Golf Development, LLC $300,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTIwONww3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5490 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposals. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �� day of m mm ��°� �� ,- � W W W� 2014. �, �� ,� � � , � � � ��,,�� ....� �° � �°'" � �,, ,. � � e.,.,o �.�^,�� .............................�......m� ...... . . CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � � � BY:__°�� '�'� �'�'�:C�� ° A. ��.� :�� °' �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY� ��,�� '�„��^'" "��,,,�� .� .. �� , � �,,�� .. �� CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND PREMI�R JUNIOR GOLF DEVELOPMENT, LLC RFP 5490 THIS CONTRACT is made and entered into this � day of� A.D., 2014, by and between Premier Junior Golf Development, LLC a corporation, whose address is 8304 Blacktail Trail, McKinney, TX 75070-7916, 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: SCOPE OF SERVICES Supplier shall provide products and/or services in accordance with the City's document RFP # Golf Contractor, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A"); (b) City of Denton RFP 5490 (on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "B"); (d) Insurance Requirements (Exhibit "C"); (e) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D"); (� Contractor's Proposal. (Exhibit "E"); (g) Contractor's Best and Final Offer (BAFO). (Exhibit "F"); 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." Page 1 RFP 5490 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day frst above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY CO1V'�"�. � � �' +��1�� BY: AUTHORIZED S C�� m :ATURE Date: Name: � �.._ � _,,,_. m__ Title: � " �,?l4�� R � — Z3/ L ��. ....... _a.... PHONE NUMBER ,i � �� ,� � �. CITY OF DENTON, TEXAS � � ��` �.� BY: ......... ...............n.n._.. � --�a.....� ........... �.�...:��... GEORGE C. CAMPBELL, C'�" MANAGER ��. � M� '. ��,:. _� :�`�� '��°�� ..�� BY �' � � Date � � �� mm... � . __"� ,_�_ .�... _�_ ...... .............�............ ....._ �� .. � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � � �'��"�"� �� .� � d Page 2 RFP 5490 Exhibit A Special Terms and Conditions Total Contract Amount The contract total for services shall not exceed $300,000. Pricing shall be per Cxhibit D attached. Contract Terms The contract term will be one (]) year, eff.ective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Fees and Payment 1. 100 percent of revenue collected from the sales at driving range will be retained by the City of Denton, which includes but is not limited to; bucket sales, pro shop sales, concession sales, and facility rentals. 2. The City of Denton requires a nonresident fee be collected from all participants that reside outside the city limits of the City of Denton. All nonresident fees collected will be retained 100 percent by the City. 3. The City of Denton shall register, collect, and retain 20 percent of all fees that are related to golf instruction, lessons, camps, clinics, scrambles, tournaments, events and any other golf related activities being organized by the Contractor. All fees for all golf related services, activities, and merchandise at the North Lakes Driving Range, and for all City sponsored programs at Robson Ranch will be collected by the City of Denton. No fees can be collected by the Contractor at any time. 4. 80 percent of fees collected for golf instruction, lessons, camps, clinics, scrambles, tournaments, events, and any other golf related activities being organized by the Contractor will be paid to the contractor. The Contractor will be paid once per month. 5. All fees charged must be approved by the City of Denton. Any changes to the fee schedule must be approved by the City of Denton prior to implementation. 6. All fees paid for private lessons and programs outside of normal operating hours must be given to the City of Denton. Page 3 RFP 5490 Exhibit A Special Terms and Conditions Scope of Services I. The Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, and agrees this contract will not be assigned or sublet without the prior written consent of the City. 2. The Contractor will provide competent golf instruction for all ages and levels of play, and enthusiastically encourage golf participation by planning activities to promote the sport and fellowship in the community. The Contractor will prepare and organize a variety of golf programs including classes, camps, clinics, private instruction, home school golf instruction, scrambles, tournaments, and a variety of other golf related programs and events. In addition, the Contractor will assist in marketing the City's golf programs to the local school districts, universities, and other organizations by providing demonstrations and informational materials, and working with the school districts and universities' golf coaches. ' 3. The Contractor will provide programs at The North Lakes Driving Range and the Robson Ranch Golf Course, based on availability. 4. The Contractor will provide patrons of the City of Denton with excellent customer service and a positive golf experience. Patrons will be treated courteously and respectfully. The Contractor shall be patient and polite when dealing with patrons regardless of the circumstances. 5. The Contractor must leave at least 3/ of the tee boxes available for public use during peak times, with the exception of large City special events which require the use of all tee boxes. Marketin� 1. The Contractor must submit a schedule of golf programs and fees at specified deadlines as set by the department's Driving Range Coordinator. All golf programs will be listed in the Denton Parks and Recreation's PLAY Guide and online at www.dentonparks.com. Any changes to the fee schedule must be submitted to the Driving Range Coordinator for review prior to being implemented. 2. No signs, advertising materials, posters, or other such material shall be posted on City of Denton property without permission from the Tennis/Driving Range Supervisor. 3. City of Denton shall promote golf programs through its various marketing tools, including, social media, media releases, and flyers using standardized formats for these tools. The Contractor will be responsible for meeting pcint deadlines for all programs offered. 4. Contractor agrees to distribute and collect program evaluations from golf patrons when requested. Page 4 RFP 5490 Exhibit A Special Terms and Conditions Contractor's Staff Requirements 1. The Contractor must be a current Professional Golfers Association (PGA) Member, which has successfully completed level 3 of the PGA Professional Golf Management (PGM) Program. If the Contractor plans to use assistants, or subcontractors as instructors, 50 percent must at least be a current PGA Apprentice. (A PGA Apprentice has been accepted into the PGA PGM Program, but has not yet completed level 3.) All other assistants, subcontractors, and/or instructors must be competent to perform instruction. At least 50 percent of instructional services must be personally administered by the Contractor. 2. It wil) be the responsibility of the Contractor to supply necessary labor for all of their golf programs. 3. The Contractor and any assistants, subcontractors or support personnel shall complete a national background history check wiih the City of Denton prior to instructing. Background checks must be completed on an annual basis. City of Denton shall retain the right to prohibit anyone from working based on the results of the annual background check. 4. Discrimination prohibited. The Contractor, with regard to the work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 5. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited anywhere within the North Lakes Driving Range grounds. 6. The Contractor and any assistant staff shall be at all times neatly and cleanly dressed. ��irrt��c��e� ��; ��i ar��w�;�t �t��ai ��c��.�1 �3 �+�r°M.�ta�c�r� +�i �CM�� '��rtla �.W:tl�c� l:�a�x��rru �� The Contractor shall be responsible for notifying City of Denton of any maintenance related issues that do not meet the needs of our customers, or pose safety concerns. 2. The City of Denton shall maintain the North Lakes Driving Range, which includes the interior and exterior of the building, all grounds and amenities associated with the driving range, landscaping and irrigation. No adjustments allowed to irrigation without approval of the City of Denton. 3. The Contractor will be responsible for providing all necessary supplies that are needed to operate their programs. The Contractor will be allowed to use City of Denton range balls to conduct golf programs. Page 5 RFP 5490 Exhibit A Special Terms and Conditions I4^��ii�t��Ca��a�, �:��tr��a��t�t ��r�� t��r�as�°��t� � ��°:�t:�� r��'ti�� wlrr�•1�1r ��a�.1t�.�:� �ri��i�� +� 4. The Contractor.will provide practice clubs to be used by the patrons of the Driving Range who don't have their own clubs. 5. The Contractor and all his/her support personnel will not be permitted to operate any machinery at the driving range including the ball retriever cart, ball washing machine, etc. 6. The City of Denton will hire, train, and evaluate front desk staff for the North Lakes Driving Range. 7. The City of Denton will manage the day-to-day operations of the North Lakes Driving Range. 8. The North Lakes Driving Range will be open seven days per week, and may close on City holidays. The City of Denton reserves the right to close the facility and grounds for maintenance. The Contractor has the right to submit a written request to the City to change hours to better meet the needs of our citizens. The City reserves the right to change the hours of operation. 9. The City of Denton may close the facility during inclement weather or when the temperature and/or wind chill is below 38 degrees Fahrenheit. Buildin� Access l. If it is determined that The Contractor will need access to the North Lakes Driving Range building outside of normal operating hours in order to offer programs, the Contractor will be given building access including keys, key cards, and alarm codes. 2. All fees paid for private lessons and programs outside of normal operating hours must be given to the City of Denton. 3. The Contractor will be responsible for securing the building and its equipment, supplies and inventory if utilizing the building during non-operating hours. Page 6 RFP 5490 Exhibit B Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City's solicitation are applicable to Contracts/Purchase Orders issued by the City hereinafter referred to as the City or Buyer and the Seller herein afler referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Sellers Solicitation Response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. l. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. Page 7 RFP 5490 4. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest sliall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off ihe entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third parly claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the properly of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded Contractor who is in arrears to the City for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to tlie extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 5. TRAV�L EXPENS�S: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract ter►ns. Page 8 RFP 5490 6. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontraciors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to ihe Purchasing Manager no later than the l5th calendar day afier completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asseMed in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising fi-om the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 7. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations perCaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (] 0) business days of written request. rurther, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Coniract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of'this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. �ach of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 8. SUBCONTRA.CTORS: A. If the Contractor identified Subcontractors in a DBE/MB�/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Page 9 RFP 5490 Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obta.in and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to ihe payment of any moneys due any such Subcontractor except as may otherwise be required by ]aw. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 9. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other Contractor or with any co�npetitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 10. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. , B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from tlie Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by ihe Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery Page 10 RFP 5490 of the breach warranty, bui failure to give timely notice shall not impair the City's rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 1 l. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, fhe City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 12. RIGI�T TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 13. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shal) be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 14. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 15. TERMINATION FOR CAUS�: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by writlen notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (] 0) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable atto►-neys' fees, court costs, and prejudgment and post judgment interest at tl�e maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years Page 11 RFP 5490 and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. l6. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 17. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the tertnination of the Contract for cause by the City and may result in legal action. 18. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Parly. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 19. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. Page 12 RFP 5490 B. THE CONTRACTOR SHALL DEFEND (AT TH� OPTION OF TH� CITY), INDEMNIFY, AND I�OLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DI12�CTLY ARISING OUT OF, INCID�NT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 20. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in EXHIBIT C The successful Contractor shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City. A. General Requirements: i. Th.e Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an exiension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall .not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies� with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901 B Texas Street Denton, Texas 76209 Page 13 RFP 5490 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Cxcess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. Tlle insurance coverage's specif ed in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 21. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (] 0) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 22. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Coniract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Poslal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by frst class Page 14 RFP 5490 mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901 B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 23. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 24. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf Further, Contractor agrees that the City's specif cations regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 25. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confdential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Conf dential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at ]east reasonable measures to ensure the continued confidentiality of the Confdential Information. Page 15 RFP 5490 26. OWNERSHIP AND USE OF D�LIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inveniions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for- hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City o� all worldwide right, title, and interest in and to such deliverables. With respect to such work made-for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work-made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 27. PUBLICATIONS: All published material and writlen reports submitted under the Contract must be originally developed material unless otherwise specifcally provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 28. ADV�RTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 29. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona f de esiablished commercial or selling agencies maintained by the Contracior for the purpose of securing business. For breach or violation of this warranty, the City shall have the Page 16 RFP 5490 right, in addition to any other remedy available, to cance] the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 30. GRATUITI�S: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any off cer or employee of the City with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 31. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of lnterest Questionnaire (Exhibit D). 32. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other,City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City, Texas, or his designee under this agreement. 33. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. 34. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. p��e q7 RFP 5490 35. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 36. INTERPR�TATION: The Contract is intended by the parties as a fnal, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 37. DISPUTE RESOLUTION: A. lf a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision- making authority regarding ihe dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 38. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter l, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict ihe right or ability of the City to seek and secure injunctive relief'from any competent autllority as contemplated herein. Page 18 RFP 5490 39. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if ihe Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 40. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of oper•ation shall be between 8:00 am and 5:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 41. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 42. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Pederal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City. 43. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offecor, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting fi�om this RPQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offero►-'s agent, shall engage in any discriminatory employtnent practice against individuals with disabilities as defined in the ADA. Page 19 RFP 5490 44. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable, in addition to the specific federally funded requirements. � A. Definitions. As used in this paragraph i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercia] quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. l0a - I Od) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 45. RIGHT TO INFORMATION: The City reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 46. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 47. PREVAILING WAG� RATES: All respondents will be required to comply with Provision S l 59a of "Vernon's Annotated Civil Statutes" of tl�e State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. http://www.access.�po.�ov/davisbacon/tx.html Page 20 RFP 5490 48. COMPLIANCE WITH ALL STATE, FED�RAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give al( notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 49. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 50. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 4] U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Pree Work Place Act of 1988 is incorporated by reference and ihe contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 51. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City Procurement Manager in writing of any such damage within one (1) calendar day. 52. FORCE MAJEURE: The City, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable leve] of detail the circumstances causing the non- performance or delay in performance. 53. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. Page 21 RFP 5490 54. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of any immunities from suit or from liability that the City may have by operation of law. 55. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shal] retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Offce is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Page 22 RFP 5490 Exhibit C INSURANCE REQUIREMENTS AND WORKERS' COMPENSENTATION REQUIREMENTS Upon contract execution, all insurance requirements shal/ become contracfual obligations, which fhe successful contractor shall have a dufy to maintain throughout the course of this contracf. STANDARD PROVISIONS: Withouf limiting any of the other obligations or liabilifies of the Contractor, fhe Contracfor shall provide and maintain until fhe contracted work has been completed and accepfed by the City of Denton, Owner, fhe minimum insurance coverage as indicated hereinafter. Contractor shall file wifh the Purchasing Deparfinenf satisfactory certificates of insurance including any applicable addendum or endorsements, containinq the contract number and fifle of the projeci. Contractor may, upon written requesf to fhe Purchasing Department, ask for clari�cation of any insurance requirements at any time; however, Confracfor shall noi commence any work or deliver any material until he or she receives nofi�cation that the contract has been accepfed, approved, and signed by the City of Denfon. All insurance policies proposed or obtained in satisfaction of these requiremenfs shall comply with the following general specifications, and shall be maintained in compliance with fhese general specificafions 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 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. ■ That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Cance//afion: City requires 30 day writfen notice should any of the policies described on the certificate be cancelled or materially changed before fhe expiration dafe. Page 23 RFP 5490 • Should any of the req��r�� i�a;u�°�n�� b� �rc�vid�� rrd��° ��I�in�� r��fi� i��N��, ��r��ractor shall maintain such �rr�� a��n��iy� ��r��1��t tl�� t��r'r'� �� '�� t�°��t and, without lapse, for a�ri�� aY �1��m�� y��`� b�y�� t�� ir��t c��i��a��, ��r�h� that occurrences arising ciur��r�� i'x�� e��tr�a�;� i,�r��n �rA�a�� c�iv� ri�� ta �I�An�� r�� after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, 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. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: Al! insurance policies proposed or obtained in satisfaction of fhis Contracf shall additionally comply with the following marked specificafions, and shall be maintained in compliance wifh these additional specificafions fhroughouf the duration of fhe Contracf, or longer, if so noted: [X] A. 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. Page 24 RFP 5490 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500 000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form.of a policy endorsement for: • any auto, or • all owned hired and non-owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work perFormed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). (] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Page 25 RFP 5490 [l �� Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for provided. Such policy shall include as "Named subcontractors as their interests may appear. Commercial Crime 100% of the completed value shall be Insured" the City of Denton and all Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. �,.- . . . , ., ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. Page 27 Rf P 5490 E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven certificate of coverage period shown on the duration of the project. days after receipt by the contractor, a new showing extension of coverage, if the coverage �urrent certificate of coverage ends during the F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 28 RFP 5490 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and , b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. page 2g RFP 5490 Exhibit D CONFLICT OF INTEREST QUESTIONNAIRE�� FORM CIQ For vendor or other ��+�rson d�i�n� business with local � v�r�rrmental eA�kW� �„ ..___......�......�.. ...... ._,. — This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Dace Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this s��i�� a Class C misdemeanor. � hC�rm�� c�t person wh�r has a business �°�R�i�tru��faip +witt� local ��rv�r��atr��xt;�l entity. ��Check this box if you are filing an update to a previously filed questionnaire� ❑ (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'h business dav after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. _ .....................�. � Name of Officer This section, (item 3 including subparts A, B, C& D), must be completed for each o�cer with whom the fller has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? �_..�....9' Yes � No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0' Yes � No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? �� Yes � No D. Describe each affiliation or business relationship. �._. �.��.....�. .. , �. _..� _ �......� ...... __....�. .....�� i 4 Signature of person doing business with the governm �� "�' "'°"��`�" `�`�—`"... _�...�_......._� ental Date entity Page 30 RFP 5490 r� '"'�/� �u�+� �`J „ March 4, 2014 Ms. Jody Word City of Denton Dear Ms. Word Shannon Cox 123 Prairie View Drive Murphy, TX 75094 Phone: 972-384-0415 Mobile: 214-886-2316 scox @ premierjgtour.com I would like to submit the proposal for Premier Junior Golf Development regarding the opening for Golf Operator / Instructor at North Lakes Driving Range. As PGA Professionals we bring over seventy-one years of Golf Operations / Instruction experience. Please accept our resume regarding RFP #5490. Thank you in advance for your time and consideration. Kind regards, _�� `�) , ,r ,, � �� ,�,, �, -�..�„....�..� _r. �m..� � Shannon Cox Enclosure Page 31 RFP 5490 CITY OF DENTON RFP FOR GOLF CONTRACTOR ATTACHMENT C BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS 1. Contractor Name: -----Premier Junior Golf Development, LLC 2. Address (Principal Place of Business): -----8304 Blacktail Trail, McKinney Texas 75070 3. Does your company have an established physical presence in the State of Texas, or the City of Denton?-----Yes 4. Tax Payer ID#:----- 46-1626028 5. Email Address of Primary contact:-----scox@premierj�tour.com (Shannon Cox) 6. Website Address:-----http://premierjgtour.com 7. Telephone:-----(214) 886-2316 8. Fax: -----N/A 9. Other Locations:-----Los Rios Country Club, Mansfield National Golf Club, Ridgeview_Ranch Golf Club, Woodbridge Golf Club, Frisco Lakes Golf Club 10. Organization Class: -----Limited Liability Company Partnership Individual Corporation Association 11. Date Established:-----December 2012 12. Former Business Name:-----Bruce Sims School of Golf 13. Date of Dissolution:-----December 2012 14. Subsidiary of: N/A 15. Historically Underutilized Business: Yes orNo / N/A I6. Principals and Officers: Shannon Cox Co-Owner Bryan Ham Co-Owner Bruce Sims Co-Owner � . � �� .,*�` RFP 5490 CITY OF DENTON RFP FOR GOLF CONTRACTOR Please detail responsibilities with the name of each principal or officer. Shannon Cox — Responsible for complete day to day operations and oversight of tournaments, clinics, camps and individual instruction. Bryan Ham — Responsible for execution of new client paper work, QuickBooks, record keeping, receivables, payables and website maintenance. Bruce Sims — Responsible for training up to (7) golf instructors on criteria used in our junior and adult golf programs including scheduling, use of golf training aides and oversee all aspects of safety implementation. 17. Key Personnel and Responsibilities: Randy Beeney, lead instructor (USGTF Certified) Robert Whitley lead instructor (LTSGTF Certified) Scott Lindgren, lead instructor (USGTF Certiiied) Marcelo McDougal, golf instructor (PGA Certified) Jeff Yantz, golf instructor (USGTF Certified) Please detail responsibilities with the name of each key personnel. -----Listed above 18. Number of Personnel by Discipline: Not applicable Discipline Number of Staff 5 # Licensed or Certified 5 19. Services Provided by Contractor: a. Please provide a detailed listing of all services that your company provides. PGA professional golf instruction, junior and adult golf instructional clinics, summer camps for juniors/kids and golf leagues/tournaments for adults. b. Please detail your prior experience working on similar projects with Texas governmental entities. -----We have never worked with a governmental entity. c. Please detail your similar services provided over the past two (2) years. Not applicable for a governmental entity d. Detail documented proof of at least three (3) projects in the past two (2) years. Not applicable for a governmental entity e. Please detail these services, including, the nature of the services provided, the scope of the activities, the organizations for which the services were provided, the dates of the projects, and the documented benefit to the governmental entity. Not applicable for a governmental entity. �..� . . . ��. � Page 33 RFP 5490 CITY OF DENTON RFP FOR GOLF CONTRACTOR 20. Has your company iiled or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. -----Nc� 21. The Proposer must be a current Professional Golfers Association (PGA) Member, which has successfully completed level 3 of the PGA Professional Golf Management (PGM) Program. Provide at least three (3) references from businesses where vendor has performed requirements in attached specifications. See Atfachment F. 22. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. -----No 23. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). -----No 24. Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? -----No �� /ir�a��?��.�,,�,C�<�,��r�l��l�/aa�;h�r�e:�la��s�r�r,��_�� s��i�, i"��r��:�� c��c:., t�^�c-��"I"f�i�➢�l�� ._.�+��, level=l &� keyvalue=1926 25. Please indicate the total number of projects your Firm has undertaken within the last five years? We have expanded our business into 5 different locations over the last five years. 26. Resident/Non-Resident Bidder Determination: Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders' state. In order to make this determination, please provide the name address and phone number of: a. Proposing firms principle place of business: Premier Junior Golf Development, LLC 8304 Blacktail Trail McKinney, �Texas 75070 b. Company's majority owner principle place of business: Same as above c. Ultimate Parent Company's principle place of business: Not applicable 49 of RFP #5490 Page 34 RFP 5490 CITY OF DENTON RFP FOR GOLF CONTRACTOR ,. ,. Page 35 RFP 5490 CITY OF DENTON RFP FOR GOLF CONTRACTOR ATTACHMENT D PROPOSAL EXCEPTIONS Any exceptions taken to this RFP must be listed on the lines below. If there are no exceptions, please sign where indicated at the bottom of the page. Item # Description Signature Np Exceptions taken to this RFP. Company Date � � �.--- ,� -��.--�....� ..�� r ,�-��.- ��°"�:.. ..... �,��'" �_�...�;��.��! ,. �'� -`m- � �' �r��fl�a�� a.d `Cc�inpany l��t�. u ' �� *N� Page 36 RFP 5490 CITY OF DENTON RFP FOR GOLF CONTRACTOR ATTACHMEN'T I' REFER�NCES Please ]ist three (3) Government references, other than lhe City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this proposal. . � GOVERNMENT/COMPANY NAME: Woodbridge Golf Clu1�„� LOCATION: 7400 Country Club Drive, Wylie Texas 75048 CONTACT P�RSON AND TITLE: Pau] Kenney/General 'h�t.�r�<��;�:c° T�LEPHONE NUMBER (469) 685-1 ��,'lymmww,,,,m,mm_m_.. �.� SCOPE OF WORK: Conduct junior golf development ia�°�•��;�°aresrr�� CONTRACT PERIOD: OS/O1/l3 to OS/01/1Ci_ REFER�NCE TWO GOVERNMENT/COMPANY NAME: Ridgeview Ranch Golf LOCATION: 2701 Ridgeview Drive, Plano Texas 75025 CONTACT PERSON AND TITL�: Cesar Abando/Operations TELEPHONE NUMBER: (972) 390-]039 SCOPE OF WORK: Conduct junior and adult golf developmental CONTRACT PERIOD: O1/O]/09 to 12/31/l6 �1.9�AA.�.A�' A'Wi',�4Y�.,��pe .�wL��?1.1�:A�d�� GOVERNMENT/COMPANY NAME: Plano Sports ��tt��sc�� LOCATION: 6500 Preston Meadow, Plano Texas 75a CONTACT PERSON AND TITLG: Kim W��e.��`� � TEL�PHONE NUMBER: (972) 208-:3�t3�.Yw,w�mm,m„mm � _ SCOPE OF WORK: Conduct all junior golf activit'��:s CONTRACT PERIOD: 03/O1/13 to 03/Ol/1� 53 of RPP #5490 Page 37 RFP 5490 CITY OF DENTON RFP FOR GOLF CONTRACTOR AT1'ACHMENT G CONFLICT OF INTEREST QUESTIONNAIRE WWWWW�� W� mmm� .ITITIT� m�m�W � T FORM CIQ dor or olher ��r•s��n e8�u�e�, business with local o��^�z��a�l��1 aa�d�i;y�mmmmmmmm Th sV u..�. __ .....� ..�. _._...... _._��_ q eslionnaire reilecis changes made lo ihe law by H.B. 1491, 80Lh Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapte� 176 of the Local Government Code by a person DateReceived who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). , By law this questionnaire must be filed with the records administrator of the local government entity not later tllan the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section ] 76.006, Loca] Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. �Name of erson who has a business relati � p• g��mm� y�m�� ITIT�Tmm m�� 1 p onshi with local overnmental entit _ .._ .._ ��.�..�.. ��. ��.�..._...�. - .....�.. _....�. _�._.. .......�, ��........ 2 Chcck this box if you are filing an update to a previously filcd questionnaire. ❑ (The law requires that you file an updated completed questionnaire with the appropriate filing authority not ]ater than the 7°i business day after the date the originally filed questionnaire becomes incomp]ete or inaccurate.) ��..�.. - �._.�._. ��..__� ...._._._. ._�W..�.�...� 3�! Name of local government officer with whom filer has an employment or business relationship. � � � Name of Officer This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? � Yes � No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? � Yes �`��°°�� No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? � Yes � No D. Describe each affiliation or business relationship. �...�...��, ...�_......��.�..�. �_ �.. �.�� ..._..�, ��. �. m�_.�.._�.�.�_�. . � ...�_. 4 �...... �.m�_... Signature of person doing business with the governmental entity Date ... .,,,,,,,,_ ..... � _....��.�...� 54 of RFP #54 �� .� �, ,�.__�. ....._ ....—.�.... .... .. .90 Page 38 RFP 5490 CITY OF DENTON RFP FOR GOLF CONTRACTOR A�'TACHMENT H DISADVANTAGED BUSINESS UTILIZATION The City of Denton will ensure that purchases of equipment, materials, supplies, and /or services comply with Texas Local Government Code 252.0215, in regards to competitive requirements in relation to Disadvantaged Business Enterprises (DBE). The City will ensure that all procurement opportunities are cost effective, and contributable to the competitiveness of the City, and its customers. All Procurement activities will be conducted in an open and fair manner with equal opportunity provided for all qualified parties. The City of Denton will provide equal contracting opportunities as provided by State and Federal law to small business enterprises, Historically Underutilized Businesses, and Disadvantaged Business Enterprises. The City of Denton encourages all awarded Contractors to seek qualification as a DBE and/or utilize DBE's as sub-contractors, where feasible, to meet the overall intent of the ]egislation. Disadv�a��t�� +�,c� I�usiness ��:.r�t�r ��°�:�� nR_F_:l: are encouraged to participate in the City of Denton's procurement process. The Purchasing Department will provide additional clarification of speci�cations, assistance with Proposal Forms, and further explanation of procurement procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certiiications of the State of Texas Building and Procurement Commission HUB Program. All companies seeking information concerning DBE certif cation are urged to contact. State of Texas HUB Program — TPASS Division PO Box 13047, Austin, TX 78711-3047 (512) 463-5872 or (888) 863-5881 or http•//www window state tx us�rocurement/pro�/hub/ InstrucLions:If your company is already certified, attach a copy of your certification to this form and return with the submission. If your company is not already certiiied, and could be considered as meeting certification requirements, please use the web link to obtain such. If you are submitting a response and plan to utilize DBE's, then use the form below to identify the business and include the business HUB certification. COMPANY NAME: . REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: TELEPHONE NO. _ FAX NO . Indicate all that apply: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise f k . � �. / �. �,.. Page 39 RFP 5490 CITY OF DENTON RFP FOR GOLF CONTRACTOR IN WITNESS WHEREOF, the pai�ties of these presents have executed this agreement in the year and day first above written. ATTEST: APPROVED AS TO FORM: ANITA BURGESS, CITY ATTORNEY �. ,.- ., ATTEST: � v of L��rt��.�n ._...�..w ..... .._� Git� ��Mmm _�..._�.....� OWNER (SEAL) � �� . � . —��.� -�'d 1�,� G � .� ...�.... _ `� 11�.. -��i� w_—P ��. � � .��"'� ...�°�.�:��,.._�� .�f�` ..—��..��. _��?�.i"` f" d �., .._� �� e._._.__. .��.�-'�w��'wi'��,'�� " w....�,��u� �" �—�. MAILT.NG ADDRESS �o214FJ �(7(n 2�1 � �m» ,..._ .-_=,—.�... _ PHONE NUMBER I'AX NUMBCR � ��TyaM �'" � BY: ,,-� �`- UTHORIZED ...� � ...�-......... � ,� SIGNATURE �� t ��. r ��5� � � .�.. _.._ �_�.�.�. � �B � PRIlVTED '1�AME, TITLE ., r�� , �� , �� a �°� ,� ,� � �� P � �" 6T�TE 9f iFY ��,� .��: P�: 24, 7 .�,r:�. .��.,,.��,�� _ � � . . .., CITY OF DENTON RFP FOR GOLF CONTRACTOR ATTACHMENT J ACKNOWLEDG�M�NT THE STATE OF TEXAS COUNTY OF DENTON The undersigned agrees this RFP becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidenta] to the work, before submitting a proposal. The undersigned agrees, if this proposa] is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Proposal will be ninety (90) calendar days unless a different period is noted. The undersigned affrms that they are duly authorized to execute this contract, that this RFP has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this RFP have not been communicated to any other proposer or to any emp]oyee of the City of Denton prior to the official opening of this bid. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust ]aws of the United States, 15 USCA Section 1 et se4., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section ] 5.01, et se . The undersigned affirms that they have read and do understand the specifications and any attachments contained in this RFP package. The undersigned agrees that the RFP posted on the website are the officia] specifications and shall not alter the electronic copy of the specifications and/or pricing sheet (Exhibit 1), without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: http://www.cityofdenton.com/index.aspx?pa�7 to ensure they have downloaded and signed all addendum(s) required for submission with their proposal. Should a conflict arise between the PO, supp]ier terms, or contract the terms and conditions set forth in this RFP shall prevail. I certify that I have made no willful misrepresentations in this Proposa] Submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this proposal will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. �« �1�E AIVD ADDRFSS UF (,OMPANY ,�.�.�"t'� ��:��_�g��—'��a��a��:�"� ��r�� ,=�1�..�-w��6�"�mN;...�"d` �a�rr�;: _ �r�a�w�?� .... ��....�:�. ��"7.�"�...�.� �.��+ F�l.�,� .,�_ Date ..� w��'„�,enia?� ;�/ i x %�C�..Z. C� .... Name ��r__. Title ..._ ,,.._ �,,_. � � Tel. P'�� ?�� '��"� w ��. � � �, ... Fax No. �,� _� ,k` � � ��_ � Emai f ` �', �r" ._�,'+�� l k�`''dw_a � �;' � d �"� � �� d"�s � � „ �,r��+f",�^,�,��. �� ..� ss ar RFp #sa9a Page 41 RFP 5490 �;;;� ��' , l,�� d��,� � 1 1 °�� . r'`� � � ��;,, �"�� ` �✓ +r �,� ��; �r j r„ r � m,r ,,��,�,. Vi'"'�ra�i,e� � � � � �� ,��r ��; � 1�p/ I�/��/drl� II�,r1!'i % ... y� i �; � s�� , °��P p �, �+P � �� . 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Y'"I°iIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AU'�h�C"�6�I�;�C� f��PF;F::��"i"�"�°!YC OR P��C�I��C��,lVPJC�'�q-f� G�"C�"IFI��TE HOLDER. II��iT��ANT: If the certificate, holder �s an ADDI310NAL INSURED, the �>qqd�y�i�� must be ��r��+rse��, If SUBROGA710N !S. WAIVED, subject to ti�e ¢��°n�� and canditions of the policy, certain policies may require an endorsement. A statement on this certificaYe does not confer rights to th�c �„e:r�ifw�r�st� hr�P��r in 1i� p� r,4 ��r�lr ��p�l�r Merr7,arrtiC�). rr�c�r�a�'��s ��F��Insurance �'�r�s�d,p„ 1712 Magnavox Way f=�a�t Wayne IN 46804 �k5 Gti/� R"d'.�d�i3 fTl �Y�3�,: Premier Junior Golf Development LLC }�,�d�4 Bfacktail Trail ��ICi�rtcy, TX 75070 � Member of th� S��s, Leisure & En+.ertainment F2PG Mass Merchandising Underwriting 1-800-506-4856 � �AX.mWW mmmm� (�vc, No): 1-260-459-5b90 INSURER(S} AFFORDING COVEftAGE �., ._ .. . .�, A: �'+.1 tfnn,.nrla �AiA»6�i �r�T�"'.:„"�t�'C'T�ti��G:. ,, .. ,..�.�... �.....�...�..,....._.��. _.e.�--- � e: M C. ...�,..........._.....�., ..... �.,,�....��....._... m�,�....� D: E: F: NAIC N cUVtKAlitS ��:�e'1ClF`��4�"� h�U�V�°�E��: WVf��G��197 1��VIS�C1� P1tJ'�'E�ER: iTGik� IS TO CERTIFY T�d�'6"'fi?°fl� PC]a.tf �B�S C7F=' INSURANCE LISTED �� t.�J'aW t•Rd1;VF l��f^� ISSUED TO THE INSURED NAMED ABOVE FG:�F� TIWh 5��.Cd; Y' B"'F.:Frif�Ck fi1�kp�d��'4Tl°f4, ' ntG�Tw^,fd"�"4•��,7Ad�C�1¢�f� ANY REQUIREMENT, TERN1 OR CONDffION OF ANY COiJTRACT OR OTHER DOCUMENT WITH RESPECT TO WH!CH THIS CER7IFICATE MAY p��, I r��3�:G1 OR ti1AY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CO�dDITIONS ¢„Y� �C9d"!-� (��1d'm�CiE^�. LC�ufiY"�'� �`!•t�'J'�^r'Ik9 P4G�G"s" d�iALP� 63L�"�+f REDUCED ��Y R�.Af� W�. i � t� �",L�4W�,k. ��'�� TYPE OP INSURANCE Ap�� SUaR POLICY NIRdBER � POLICY EFF '�� POLICYEXP LIpA17S L R INSD � XA ��mm � IT COMMERCIAL GENERq4 LIABILRY X �' 66RPG0000005627200 �Z:O12 M EDT�� O Z O� M DAMAGE 70 RENTED �� $$$OO�O�� REMISES IEs accuven � Xm � ry If -�q � I ClA1MS-MADE NIT X I OCCUR O .�...J' �. 1 P...._.._�......�.�. ce1 .._... .. � . ,MED EXP {MY one person) $5.00Q... � .�..� � �_� W._ �.�.., �,�. �PE_._.�_�...�._.. .. ...� , _ �� RSONAL&ADVINJURY �1,t�u��,q� C7�,h�"o AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $1 000 00� ._.•.•. .m..�... ��.._. � R',��,�, PRO- LOC PRO�UCTS-COMP/OPAGG JEC7 � 07HBft �PROFESSIONALLIABILITY $1,400,00 ' �LEGAL LIAB TO PARTICIPANTS ��W�� ..� ��W. . �.... �� ,��,0� .. ... ....... ..... ....... � . _.._. . .. ... .... . .... .. ...... ....... A,��'C7M�1�titil'l,,.�.I,D/WRCM�.ITY �7krviiE�tNk:C)�'iJ�hd�"al.,! N.6�!I�1"T� . ��?�r A,r'�IEYanY4� � 9 _.o.. .... _�. .tn�aVMa��P"9"q� 9��kCMdI.YINJURY C+?au �r�r�t�pJ fNI.L £„�'VW4�tip�,&,YC{�'S yyrr,G;�V'�t�RJ�YS�`�7 � � """"""""�'" '��p� SODILY INJURY (Per accident) � F�ii4'S�.p�Ak9�AiJ'�� 'RPI!CCF i�y�k{"3f�'Cf��'Vl7AShdPwK�'�: ,, F'er �.c��rxnrt .: -- . . . . �� . ..... �r�Cr�G pdrc�wddard wwltif!��'h'c� Hawali UMBRELLqLIAB �C".Ci15'�.�� EACHOCCURRENCE .� ..� . .._.... .. ,_,,,. . �...IFF�C'�[w�,r^a LIAB �:�..�4h4�-d'uilt�,f7�'�.� AGGREGATE ..,�, ..�.�.._� . . .. . � ,��,...�.- ' .......,.. _ _ �.�'PC'.�4 i�'A:TFhW'0"��l�I ..'�'�. '� sod�c7�G�.kf�f�w CkI�XA%��F.�-0'S�"tdC�C!c .. ... . . . . . � . . .. ... p„'�T� EMPLOYERS' LIABIL(TY y/ N �' � I � �Y tt KK OTHER �AN`a PROPRIETOf25HlplPARTNER/ � . .'"`"'.... �....... .... _ �Xk�Cil"�1'�E OFFICERIMEMBER E.L EAGH ACCIDEI�T� � p y,q;�„��:y��y:'�' ''..... N/ A �EL. DI5FASE—FA EMPLOYEE �� k��7tYttnr,wy fn NH) �,....,..� .............�,�...,,�....,..m ........�_�. _.m,�.,._..._ . �f yr��, describe under 'E.L JISEASc— POLICY LIA91T C�S .",C:�'9�I�f'TIL7hk C�7E��C':C�d�4"�.1�'CC�C��k�bn�Uanw I AREDICAL pAYMEM'S FOft PARTIGPANTS � � � PRIMARY MEDICAL � �I i. E}CCESS MEDICAL � �� C��4;E's'C i1fr'T d�4C,y C5F {3k'f'�P4^,�wtltP,�Ntl4�� l.�C,h'f0i1P4,�� PV0.:tl�F6�'�.i.`�;S��J4,G: " C�Yk'Y "1i7 � A1'�Ei'�d'kWrJa"�itid kRrrp�la1k:",a �i�; qC1,NlP�4Y,„ f'�ee� Naa4�'Ax6tl'�.4u��s,tl 4 n7C��ep l,;a��y� dt: p"�qKpVxa�tfi�' . Instructor of: Golf �p-�au�;� instruction conducted at locafions that are NOT owned or opera[ed by ttie instructor. 'tl"!'ro�� certiflcate ptr�f�� s ��9ae��i ;� � an additional insured„ qarp rar�k w��G� n�� s�� a �d�:d tli�b6i�� rS�;fn� out of the �ap�;vr��{saa�� of the insured named above. ��TI�-l�,�l"� Fit�L�Ltl� Cl�N�E�N�A�"��}N �44�rro� Sports Authority St�C�C„tiLia ANY C�F T4i� A1��V� f�P�SC�o'��a �a�r..BCe�s eE c��C��LC.�Ca �9t.�=�e�L �i,��C1� PfeSton MeadOW DriVe T'Ni�: EXPIRATIOM DATE THEREOF, NOTICE WILL SE DELNERED IN ACCORIJANCE f�lano, TX 75024 +A�'��li Tw�� F��J0..I�Y 1�f�d7Vi�I�hP a. �Cl�rr�x:�ld.��,,aac of Premises) ��rr��i�� a��r�l��r¢°w��rnvi � Coverage is only extended lo 1�1.S. events and activiiies. " NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may n�at be subject to all the insurance laws and regulations of fhe State of Texas ACORD 25 (2014l01} The ACORD name and logo are registered marks of ACORD O 1988-2014 ACORD CORPORATION. All rights reserved. CITY OF DE�lTON R�P F�R GOLF CONTRAC70R ATTAC�iMENT G FL{CT OF INi'ER_._._. �.__...._....._ �. __�._�..�, ..�.�.�.�... � _...� �._...��C4N ..n_� EST QUESTIONNAIRE FORM CLQ ��+�w r��+�w° or aaiNrur g�arM�r�n �S�i�� business ^s�q�Ca l��c°�r�v�r N�awurn��a� �wutat;�� ._..�..�, ..�_� .w._ –__- This questionnaire rcflects w�uM��a�� madc to the law by I�.B. 1491, 80th Leg., Regular Session. OI'[=IC� USI; (�NLY _..._...� .�. This questionnaire is being tiled in accordance with chapter 176 of the Local Gavernment Code by a person ��:a�ca�� who has a business relationship as defned by Seclion 176.001(1-a) widi a local governrnenta] entity and the person meets requiremeqts under Section 176.006(a). By law this questionnaire must be fil,ed wilh the recards administrxtor of the local government entiiiy noL laler ihan #hc 7th business day after lhe date the person becomes aware of facts that require the statement Yo be filed. S.ee Secfion 17G.006, Loca) Govemment Code. � A person commits an offense ifthe person knowingly Violates Section 176.006, Local Government Code. An n6'f'f� t��;� under this section is a Class C�bo��c��sa��,t�c�s°. . . ,� ,��1 �Wat�oia� uf per_�� ..... �r�n�.hm a with i�w4°ait nvcrtcmentai ��r�'��._.� -�'...• _ _�._�_ WW�son wha h�s a businc�� ra�laaa `� � �9W i y�'�q " +p � �„ faw� ts �wlaKta` ��w a� N!�°�va��razr9 1qE��eY��..��sC�argR��,o .._ _.�...��.,._.�....� � ...,,� � C�_. ,��.I i;�� s�'� f�Pu�^� �a�p� cel" �rr�r sar•�° �'iliy� �� I i � �i ° � �"C��e� ��rv M ��ytaaa^t»��E9t�d �+c�z�u ��G.� tarA x�r�a��C�al ��a��leCa�� [��v�RCawxt��a�� wuut7� ��I�v�'� 8ax�y��tmg�a`sak� G�fir��;�; aarixdar�rdd;q° z��rq is�ba��r t;�M�ttr� �9t��'��° �rora��[a�.��tlsy ��i��a ��8�� fl��9� ��sv� rau°i�;,bn�9�y' li�� c�px��,�~�d"raaa�rW��ir��c Arc�;ara^��w i��cor��s��l�^,t� a�r'tim��coir�et�.� 3��M��u of local government oiTicer ��itlt ufiom filer has en employment or busine�� mm �m�� WW m� mm�mm� �.�.,�.��... _. __ __ . ss relationship. __ _m _� — Neme of nfficer This sectian, (item 3 including subparts A, 8, C& b); musY be completed for each o�cer with whom the filer has art emplayment or ofher business relationship. as defned by Section 176.001(1-a), Local.Govemment Code. Attabh additianal pages to this Fbrm C1Q as necessary: A. Is the local govemment office� named in lhis section receiving or likely to receive taxable income, ottier than irtvestritent inaome, irom the fifef ofthe questionnaire? �.� Yes' 0 No e. ts the filer of the questionnaire receiving or likely to receive taxable income, othe� than investment income, from or at the direction of the local government office� named in khis section AND the taxable income is not received from the local govemrrtental entity? � Yes �..� No IC. Is the filer oFthis quesfionnaire employed by a corporalion or other business entity.with respect tn which the local government officer serves as an officer or tlirector, or halds an ownership of 10 percent or more? �....� Yes „ L.J....�..� No D. Describe each affiliation or business relationship. ..4.��._. . �,.,,..._� �.. .. �.._.� ....a_ ... � n� �.�__.� �.... .�..._.—.. .....�.�..._....�a .�.nn.__ _.�... �...�.�... . .... ..........�.��. "_ � .: �:. � � _. ,. � ,_._ u.... a.. � ��.� ��"�"" _ ....��.��. :3a<��a�t�a�e� ¢�i ��a�c�rw dcaGr�� ira�w,�� vu�k�� dhr� gpc�v „�N'� ��:rvt�C a.�r�tdM�+ 1�x�9t� PAGE 53 OF RFP # 5490