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WHEREAS, the City has salicited, received and evaluated campetitive proposals far faod
and beverage concession services for the City of Denton; and
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SECTIdN l. That the item in the following numbered request for proposal for services,
shown in the "Request Prapasals" on file in the afiice of the Purchasing Agent, is accepted and
approved as being the most advantageous to the City considering the evaluation factors included in
the request far proposals.
RFP
NUMBER � i;�l� I`��,�"+,C.""I"t.)R
6650 Mega Pramotions, Inc.
SECTION 2. That by the acceptance and approval of the above numbered item of the
submitted propasal, the City accepts the affer of the Contractor submitting the praposal for such item
and agrees to the services to be pravided by the Contractar to the City and the payment to the City
from the Cantractor in accordance with the terms, specificatians, and standards contained in the
Proposal Invitations, Proposals, and related documents.
SECTION 3. That should the City and Contractor submitting the approved and accepted item
and of the submitted proposal enter into a farmal written agreement as a result of the acceptance,
����p���ca���zl, and ����+������ing af the p�°c��aa���als, the �:'�i� Man�����r, or his designated repa��.;�����t���ive, is
�.��a�;�ra�ra ur�����d to �;���c�.��i���. the written �c.�w���e�°act; pro��i����N that t���W written contract is in ac�K.��•clw�r���e with
the terms, canditions, specificatians, standards, services, and payment terms contained in the
Proposal and related documents herein approved and accepted. This will be an initial one (1) year
contract with aptians to extend the cantract for two (2) additianal one (1) year periods.
�� ( 1�f���C�_��'��. The City Council of the City of Denton, Texas expressly delegates the authority
to talce any actions that may be required ar permitted ta be performed by the City af Dentan under
the RFP 6650 to the City Manager, or his designee,
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approvalm W WWWWWWW��mm�
ordinance was made b �� asse � ro ���������� and
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seconded by ���� ���,�"�� �� ��� ��' �"� the ordmance as � ved b the
tion to ����y�� r��r� _
The mo m. � � .�� . � ..� ma....
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following vote � - � : ���u�� m�..�
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Dalton Gregory, At Large Place 5:
Paul Meltzer, At Large Place 6:
Abstain Absent
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C.4 C➢�1;� �v'ATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY• ��� ���.�� ��w�.,.� ' ����_..... � �� �, °�...
�"�I�f�� �_�VED A" TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
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DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
CONTRACT FOR FOOD AND BEVERAGE CONCESSION SERVICES
This CONTRACT FOR FOOD AND BEVERAGE CONCESSION SERVICES
is made and hereby entered into by and between the City of Denton, Texas, a home-rule municipal
offices located at 3481 Country Club Rd., Denton, Texas 76210.
WITNESSETH
WHEREAS, the CITY recognizes the importance of economic development within the City of
Denton and supports a safe, livable, and family-friendly community; and
WHEREAS, awarding this contract would provide food and beverage concession services at
select City parks; and
WHEREAS, this Contract serves a valid public purpose and is in the public interest;
NOW, THEREFORE, for and in consideration of the prompt and timely delivery of concession
services as specified herein and in consideration of the mutual covenants, responsibilities and duties
herein contained, the parties hereto do mutually agree as follows:
I. GRANT OF LICENSE
The CITY does grant a non-exclusive license to MEGA for the use of certain real property
and/or City-approved improvements (
or renewal thereof; the Premises being more particularly described as:
City of Denton North Lakes Recreation Center and Annex concession stands located at
2001 W. Windsor, Denton, Texas; and
City of Denton Denia Park concession stands located at 1001 Parvin St, Denton, Texas.
MEGA shall use the Premises only for the operation of a food and beverage items
Concession Ofor MEGA to sell other
merchandise in conjunction with the Concession Operation, and MEGA shall not sell other
merchandise without the prior written consent of the CITY, nor does this Contract prohibit the CITY
from providing park or sports complex users or patrons free or discounted food and beverage items
from time to time in conjunction with special events. These special events will require concessions
to remain closed during activities. MEGA will not be affiliated with any City-sponsored events.
It is expressly understood and agreed by MEGA that the CITY reserves the right to operate
any additional concessions other than those granted to MEGA in the event the CITY determines that
such additional concession operations are in the public interest.
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
MEGA covenants and agrees it will not engage in any business or activity on the Premises
or do anything in connection therewith which shall be in violation of any existing or future State,
Federal or local law, ordinance, rule or regulation of any governmental authority, agency or
department or to use the Premises in such manner as to constitute a common nuisance.
II. CONTRACT TERM
This contract shall be for a period of one (1) year and will commence upon the issuance of
a Notice of Award by CITY. This contract shall automatically renew for two (2) additional one (1)
year periods unless either parties notifies the other prior to the respective anniversary dates of
issuance of the initial Notice of Award.
The Director of Parks and Recreation or his designee reserves the right to regulate the hours
that MEGA may use the Premises. It is expressly understood by MEGA that from time to time,
due to the necessity of rescheduling for the benefit of the citizens of Denton, the Premises may not
be available for use by MEGA.
III. CONSIDERATION
In consideration of the rights and privileges herein granted, MEGA shall pay to City 25
percent of gross sales.
Such payment shall be due and payable to the CITY on a monthly basis no later than ten
(10) working days following the end of each month. Payment may be made to the CITY
of Parks and Recreation or his designee.
IV. VARIETY AND PRICING OF FOOD AND BEVERAGE ITEMS
MEGA is authorized to sell food and beverage items for which there shall be a reasonable
demand.
hereby attached and incorporated as Exhibit A. MEGA shall not sell alcoholic beverages on the
Premises.
It is the desire of the CITY to permit MEGA flexibility and control in the day-to-day
merchandising and pricing of food and beverage items. The CITY, however, reserves the right to
advise MEGA of retail selling prices of food and beverage items in the interest of the citizens of
Denton. The CITY may require the sale of certain food and beverage items, which it considers
essential to the concessions operation based on the demand of the citizens of Denton. MEGA shall
submit a list to the Director of Parks and Recreation or his designee of those food and beverage
items proposed for sale and their prices prior to beginning the concession operation. Thereafter,
MEGA shall update and resubmit the list as necessary.
Failure to comply may be a basis for termination of this Contract. Vending machines shall
not be used in conjunction with the concession operation.
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
V. PERSONNEL
MEGA agrees to staff the concession operation with a sufficient number of employees and
to be responsible for the supervision of those employees.
VI. UTILITIES
Water, sewer and electrical utilities to the Premises shall be provided by the CITY, without
cost to MEGA, but MEGA shall be responsible for all other utility costs, including telephone
service. Any additional outlets for electrical, water, sewer or other utilities desired by MEGA shall
be installed at expense upon prior approval of the CITY. In the event of a utility outage,
for whatever reason, the CITY shall not be responsible for any loss sustained by MEGA.
VII. SANITATION AND CLEANLINESS
MEGA agrees to conduct the concession operation and to maintain the Premises in a
sanitary and clean condition during MEGA use of the Premises. MEGA shall at all times comply
with existing ordinances and State and Federal law regarding food establishments. MEGA further
agrees that its Premises and services shall at all times be subject to inspection by the CITY.
However, the CITY is under no duty or obligation to inspect the Premises or services.
VIII. CONSTRUCTION AND IMPROVEMENTS
Should MEGA plan to construct any improvements on the Premises, all plans and
specifications for improvements will be approved by the CITY in writing prior to the start of
construction. All construction will be in compliance with the relevant codes of the CITY and other
federal, state and local laws, ordinances, rules and regulations.
The complete cost of developing all the necessary plans and specifications, excavations(s),
location and platting of utility lines and construction of the proposed improvements shall be borne
entirely by MEGA at no expense to the CITY whatsoever. Additionally, MEGA shall, without
cost to the CITY, furnish the CITY with payment and performance bonds (or contractor
or subcontractor shall supply same to the CITY), written by a surety acceptable to the CITY in an
amount equal to the estimated cost of constructing the proposed improvements guaranteeing the
work, guaranteeing the completion of work, free and clear of liens, according to the approved plans
and specifications. All alterations and improvements on or in the Premises at the commencement
of the term or those that may be erected or installed during the term, shall, at the termination of
this Contract, become part of the Premises and the sole property of the CITY, except that all
moveable trade fixtures installed by MEGA shall be and remain the property of MEGA provided
removing the fixture would not cause any damage to CITY property. MEGA shall be owner of all
alterations and improvements and shall be responsible for the payment of all ad valorem taxes
assessed by the various taxing units pursuant to Section 25.08(b) of the Texas Property Code
during the term of this Contract. MEGA specifically agrees to keep and maintain any and all
improvements throughout the term of this Contract, ordinary wear and tear excepted, and MEGA
further recognizes that said improvements and/or buildings are not moveable trade fixtures.
MEGA shall use its best efforts to complete construction of any improvements in a timely manner.
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
MEGA shall pay all taxes, special assessments, levies or other payments assessed during the term
against or relating to the Premises or Contract and any and all improvements now or hereafter
erected thereon until such time as ownership of such improvements is transferred to the CITY at
the termination of this Contract. MEGA agrees to pay all ad valorem taxes assessed by the various
taxing units or all improvements now or hereafter erected thereon before such taxes become
delinquent. Additionally, MEGA shall furnish to the CITY and other taxing units receipts showing
payment of such taxes or other payments.
IX. MAINTENANCE
MEGA covenants and agrees that it will, at its own expense, keep and maintain the
Premises in good condition, but only during the period of use of the Premises. MEGA
will do all work and make all repairs reasonably necessary or advisable to keep the Premises from
deteriorating in value or condition, with the exception of normal wear and tear and aging consistent
with normal usage and time. MEGA agrees to maintain the Premises and any other areas used by
MEGA in a clean, neat, sanitary, safe and orderly manner and free of waste, rubbish and debris at
all times. The CITY shall have the right and privilege, through its agents and officials to make
inspections of the Premises and thereafter to make recommendations to MEGA for any repairs that
in the CITYs opinion are reasonably necessary to be performed by MEGA upon the Premises.
MEGA agrees and covenants that it shall commence repairs within thirty (30) days from the date
that such recommendations are made. Such repairs shall be made in an expeditious and
workmanlike manner. In the event that MEGA shall fail to commence such recommended repairs
within the time provided, it is understood and agreed that the CITY may, within its discretion,
make such repairs as it deems necessary for and on behalf of MEGA; and, in such event, the cost
of such repairs shall be paid by MEGA within ten (10) days following the completion of said
repairs.
MEGA agrees to be solely responsible for the inspection of the Premises during the period
of MEGA's use of the Premises and will notify the Director of Parks and Recreation or his
designated representative of any existing or developing hazardous or dangerous condition on the
Premises. In consideration for the privilege of use of the Premises, MEGA specifically
assumes any and all liability that may arise due to premise defects upon any or all
improvements which exist on the Premises at the time of execution of this Contract or any
and all improvements which are constructed thereafter related to or arising out of
use. MEGA agrees to accept the Premises in the condition in which it is found. The CITY
hereby disclaims and MEGA hereby accepts the CITYs disclaimer of any warranty, express
or implied, of the conditions or fitness for use of any portions of the Premises.
X. EQUIPMENT AND INVENTORY
Equipment required for concession operation will be provided by the MEGA. MEGA shall
be responsible for maintenance and repair of equipment used during operations. MEGA agrees to
maintain all equipment in a sanitary and clean condition and must be approved and acceptable by
the CITY. The MEGA shall be responsible for inventory of all equipment and supplies of the
concessions. MEGA is responsible for all maintenance and repairs on the equipment as needed
for daily operation.
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
XI. RIGHT OF INSPECTION
CITY, its officers, agents and representatives shall have the right to enter into and upon
any and all parts of the Premises at all reasonable hours to (a) inspect same or clean or make repairs
or alterations or additions as CITY may deem necessary (but without any obligation to do so); or
(b) show the Premises to prospective tenants, purchasers or lenders; and such entry will not be
deemed to be an actual or constructive eviction.
XII. TERMINATION
The CITY reserves the right to terminate this agreement immediately for any reason upon
giving MEGA thirty (30) days written notice of such termination. Upon notice of contract
termination, MEGA shall deplete existing inventory and vacate the concession area no later than
30 days from such notice. Upon the effective termination date, MEGA shall provide the CITY
with a prorated share of reimbursement of the gross sales from the last concession stand sales
occurring up until the date of the termination of the Contract.
XIII. VACATION OF PREMISES
It is further understood and agreed that MEGA will, at the end of this Contract, or upon
termination of this Contract, vacate the Premises without delay and peaceably deliver up unto
CITY the Premises in a good state of repair, unencumbered, vacant and in good condition, ordinary
wear and tear excepted.
In case the MEGA fails to vacate the premises as provided in this Contract, CITY shall not
be responsible for any damage that might occur to MEGA by virtue of CITY's forcible entering
and dispossessing MEGA and without prejudice to any remedies which might otherwise be used
for possession or for arrears of payments.
XIV. LIEN
MEGA hereby gives to CITY a lien upon all of property now or at any time
hereafter placed in or upon the Premises to secure the prompt payment of the payments herein
stipulated to be paid for the use of such Premises and the concession operation, all exemption of
such property or any of it being hereby waived. In the event of default by MEGA, CITY is
authorized to seize and hold all of the property belonging to MEGA on the Premises to secure such
performance, to sell same at public or private sale, and to pay all amounts due to CITY hereunder,
holding the remaining balance subject to order. A copy of this Contract shall be the only
warrant required. MEGA covenants and agrees that it will have no power to do any act or make
any contract that creates any lien upon CITY property; and upon such purported lien being created
or filed of record, MEGA, at its sole cost and expense, shall liquidate and discharge same
immediately.
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
XV. MODIFICATIONS
Any alterations, additions, or deletions to the terms of this Contract shall be by written
amendment executed by both parties, except when the terms of this Contract expressly provide
that another method shall be used.
It is understood and agreed by the parties hereto that changes in the State, Federal or local
laws or regulations pursuant hereto may occur during the term of this Contract. Any such
modifications are to be automatically incorporated into this Contract without written amendment
hereto, and shall become a part of the Contract on the effective date specified by the law or
regulation.
XVI. APPLICABLE LAWS
This Contract is entered into subject to the charter and ordinances of CITY, as they may be
amended from time to time, and is subject to and is to be constructed, governed and enforced under
all applicable State of Texas and federal laws. Status for this Contract is agreed to be Denton
County, Texas, for all purposes, including performances and execution.
MEGA shall obtain and keep in effect at its own cost and expense all licenses and permits
necessary for its operation hereunder.
XVII. INSURANCE
MEGA shall, at its own expense, purchase, maintain and keep in force during the term of
this Contract such insurance as set forth below. MEGA shall not commence work under this
Contract until MEGA has obtained all the insurance required under this Contract and such
insurance has been approved by the CITY, nor shall MEGA allow any subcontractors to commence
work on its own subcontract until all similar insurance of the subcontractor has been obtained and
approved. All insurance policies provided under this Contract shall be written on an occurrence
basis, except for professional liability which shall be on a claims made basis. The insurance
requirements shall remain in effect throughout the term of this Contract.
1. Worker's Compensation Insurance, statutory policy as required by law;
Employers Liability Insurance of not less than $1,000,000.00 for each accident, $1,000,000.00
disease-each employee, $1,000,000.00 disease-policy limit.
2. Commercial General Liability Insurance, including Independent MEGAs
Liability, Completed Operations and Contractual Liability, covering but not limited to the
indemnification provisions of this Contract, fully insuring MEGAs liability for injury to or death
of employees of CITY and third parties, extended to include personal injury liability coverage and
for damage to property of third parties, with a combined bodily injury and property damage limit
of $1,000,000.00 per occurrence and $2,000,000.00 aggregate.
3. Commercial Automobile and Truck Liability Insurance, covering owned,
hired and non-owned vehicles with a policy limit of at least $500,000.00 per occurrence and
with a combined bodily injury and property damage limit of $1,000,000.00 aggregate.
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
4. Umbrella Insurance: MEGA shall obtain and maintain at all times during
the prosecution of the work under this Contract umbrella insurance. Limits of liability shall be
$2,000,000.00.
Each insurance policy to be furnished by MEGA shall include the following conditions by
endorsement to the policy:
a. Name the CITY as an additional insured as to all applicable coverage, except worker's
compensation and professional liability insurance. For General Liability purposes, this
requirement extends to premises/operations as well as products/completed operations.
b. Each policy will require that thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, a notice thereof shall be given to the CITY
by certified mail to:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
However, if the policy is canceled for nonpayment of premium, only ten (10) days advance written
notice to the CITY is required.
MEGA shall also notify CITY within twenty-four (24) hours after receipt of any notices of
expiration, cancellation, nonrenewal or any material change in coverage it receives from its
insurer(s).
The term Owner or the CITY shall include all authorities, boards, bureaus, commissions,
divisions, departments and offices of the CITY and the individual members, employees and agents
thereof in their official capacities, and/or while acting on behalf of the CITY;
The policy phrase Other Insurance shall not apply to the CITY where the CITY is an additional
insured on the policy; and
All provisions of the Contract concerning liability, duty and standards of care together with the
indemnification provision shall be underwritten by contractual liability coverage sufficient to
include such obligations within applicable policies.
Concerning insurance to be furnished by MEGA, it condition precedent to acceptability thereof
that any policy submitted shall not be subject to limitations, conditions or restrictions deemed
inconsistent with the intent of the insurance requirements to be fulfilled by MEGA.
The CITY decision(s) thereon shall be final:
1. All policies are to be written through companies duly approved to transact
that class of insurance in the State of Texas; and
2. The General and Automobile liability policies required herein shall be
written with an "occurrence" basis coverage trigger.
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
MEGA agrees to the following:
1. MEGA hereby waives subrogation rights for loss or damage to the extent
same are covered by insurance. Insurers shall have no right of recovery or subrogation
against the CITY, it being the intention that the insurance policies shall protect all parties
to this Contract and be primary coverage for all losses covered by the policies;
2. Companies issuing the insurance policies and MEGA shall have no
recourse against the CITY for payment of any premiums, or assessments for any
deductible, as all such premiums are the sole responsibility and risk of MEGA;
3. Approval, disapproval or failure to act by CITY regarding any insurance
supplied by MEGA (or any MEGA subcontractors) shall not relieve MEGA of full
responsibility or liability for damages and accidents as set forth in the Contract documents.
Neither shall the insolvency or denial of liability by the insurance company exonerate
MEGA from liability; and,
4. No special payments shall be made for any insurance that MEGA and its
subcontractors are required to carry; all are included in the contract price and the contract
unit prices.
Any of the insurance policies required under this section may be written in combination
with any of the others, where legally permitted, but none of the specified limits may be lowered
thereby.
XVIII. SEVERABILITY
If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this Contract are for any reason held to be invalid, void
or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, conditions or any other part of this Contract shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
XVIX. REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any other right
or remedy herein by law or equity provided or permitted; but, each shall be cumulative of every
right or remedy given hereunder. No covenant or condition of this Contract may be waived without
consent of the parties. Forbearance or indulgence by the CITY shall not constitute a waiver of any
covenant or condition to be performed pursuant to this Contract.
XX. WAIVER OF LIABILITY AND INDEMNIFICATION
MEGA does hereby agree to waive all claims, release, indemnify, defend and hold
harmless the CITY and all of its officials, officers, agents and employees, in both their public
and private capacities, from any and all liability, claims, suits, demands, losses, damages,
attorney's fees including all expenses of litigation or settlement or causes of action which may
arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
any property arising out of or in connection with this Contract occasioned by error, omission,
or negligent act whether said negligent act is characterized as sole, concurrent, contractual
comparative, gross, joint, active, passive or any other form of negligence of MEGA, its
officers, agents, employees, invitees or any other persons, with regard to the performance of
this Contract, and MEGA will at its own cost and expense defend and protect the CITY
against any and all such claims and demands.
MEGA agrees to and shall indemnify, defend and hold harmless the CITY and all of
its officials, officers, agents and employees from and against any and all claims, losses,
damages, causes of action, suits and liability of every kind including all expenses of litigation,
court costs and attorney fees for death or injury to or debt of any person or for loss of,
damage to, or loss of use of any property arising out of or in connection with the performance
of this Contract. Such indemnity shall apply whether the claims, losses, damages, causes of
action, suits or liability arise in whole or in part from the negligence of the CITY, its officers,
officials, agents or employees. It is the express intention of the parties hereto, both MEGA
and the CITY, that the indemnity provided for in this paragraph is indemnity by MEGA to
indemnify and protect the CITY from the consequences of the CITY'S own negligence,
whether that negligence is the sole or concurring cause of the injury, death or damage, and
whether that negligence is characterized as sole, concurrent, contractual comparative, gross,
joint, active, passive or any other form of negligence.
XXI. INDEPENDENT CONTRACTOR
MEGA covenants and agrees that it is an independent contractor and not an officer, agent,
servant or employee of the CITY; that as an independent contractor, MEGA shall have exclusive
control of and exclusive right to control the details of the work performed hereunder and all persons
performing same, and shall be responsible for the acts and omissions of its officers, agents,
employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior
shall not apply as between the CITY and MEGA, its officers, agents, employees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or
joint enterprise between the CITY and MEGA.
XXII. ENTIRE AGREEMENT
This Contract embodies the complete agreement of the parties hereto, superseding all oral
or written previous and contemporary agreements between the parties relating to matters herein;
and except as otherwise provided herein, cannot be modified without written agreement of the
parties.
XXIII. SUCCESSORS AND ASSIGNS
The CITY and MEGA will each bind themselves, their successors, executors,
administrators and assigns to the other party to this Contract. MEGA will not assign, sublet,
subcontract or transfer any interest in this Contract without the written consent of the CITY. No
assignment, delegation of duties or subcontract under this Contract will be effective without the
written consent of the CITY.
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
XXIIV. NON-WAIVER
It is further agreed that one (1) or more instances of forbearance by the CITY in the exercise
of its rights herein shall in no way constitute a waiver thereof.
XXV. EQUAL EMPLOYMENT OPPORTUNITY
MEGA shall not discriminate against any employee or applicant for employment because
of race, age, color, religion, sex, disability, ancestry, national origin or place of birth. MEGA shall
take action to ensure that applicants are employed and treated without regard to their race, age,
color, religion, sex, disability, ancestry, national origin or place of birth. This action shall include
but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection of training including apprenticeship.
No person, firm, corporation, organization, association, league or group shall be denied use
of or access to the Premises or concession operation because of race, sex, color, religion, national
origin or disability.
XXVI. DRUG FREE WORKPLACE
As an independent contractor, MEGA, shall comply with the applicable provisions of the
Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 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-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
XXVII. HEADINGS
The headings of this Contract are for the convenience of reference only and shall not affect
in any manner any of the terms and conditions hereof.
XXVIII. 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.
XXIX. VENUE
The parties to this Contract agree and covenant that this Contract will be enforceable in
Denton, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will
lie in Denton County, Texas.
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the ___________________________.
CITY OF DENTON, TEXAS
____________________________________
TODD HILEMAN, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
MEGA PROMOTIONS, INC.
___________________________________
AUTHORIZED SIGNATURE
Date: _______________________________
Name: ______________________________
Title: _______________________________
___________________________________
PHONE NUMBER
___________________________________
EMAIL ADDRESS
2018-354249
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
EXHIBIT A
wCt ЏЏЎЉ Ώ tƩźĭźƓŭ {ŷĻĻƷ ŅƚƩ /ƚƓĭĻƭƭźƚƓƭ /ƚƓƷƩğĭƷźƓŭ
wĻƭƦƚƓķĻƓƷγƭ .ǒƭźƓĻƭƭ bğƒĻʹaĻŭğ tƩƚƒƚƷźƚƓƭ
tƩźƓĭźƦğƌ tƌğĭĻ ƚŅ .ǒƭźƓĻƭƭ Λ/źƷǤ ğƓķ {ƷğƷĻΜ
5ĻƓƷƚƓ Ļǣğƭ
ƓźƷ tƩźĭĻ
hatƩƚķǒĭƷ 5ĻƭĭƩźƦƷźƚƓ
υ Ќ͵ЉЉ 25%
EA/ŷźƌź /ŷĻĻƭĻ 5ƚŭ
υ Ў͵ЉЉ 25%
EA/ŷźƌź /ŷĻĻƭĻ CƩźĻƭ
υ Ќ͵ЉЉ 25%
EA/ƚƩƓ 5ƚŭ
υ Ў͵ЉЉ 25%
EA 5ƚǒĬƌĻ ğĭƚγƭ Ћ ŅƚƩ
υ Ќ͵ЉЉ 25%
EA CƩĻƓĭŷ CƩźĻƭ
υ Ћ͵ЉЉ 25%
EA DƩźƌƌĻķ IƚƷ 5ƚŭ
υ Џ͵ЉЉ 25%
EA 5ĻƌǒǣĻ bğĭŷƚƭ
υ Ѝ͵ЉЉ 25%
EA\[ƚğķĻķ .ğƉĻķ tƚƷğƷƚ
υ Ќ͵ЉЉ 25%
EA bğĭŷƚƭ
υ Ќ͵ЉЉ 25%
EA{ğǒƭğŭĻ ƚƓ ğ ƭƷźĭƉ
υ Ќ͵ЉЉ 25%
EA IƚƷ /ŷƚĭƚƌğƷĻ
υ Ћ͵ЉЉ 25%
EA/ƚŅŅĻĻ
υ Ћ͵ЉЉ 25%
EA DğƷƚƩğķĻ
υ Ћ͵ЉЉ 25%
EA CƚǒƓƷğźƓ 5ƩźƓƉ Λ{ƒğƌƌΜ
υ Ќ͵ЉЉ 25%
EA CƚǒƓƷğźƓ 5ƩźƓƉ Λ\[ğƩŭĻΜ
υ Ћ͵ЉЉ 25%
EAğƷĻƩ
υ Ћ͵ЉЉ 25%
EA/ğƓķǤ
υ Њ͵ЉЉ 25%
EA tźĭƉĻƌƭ
υ Ћ͵ЉЉ 25%
EA CƩǒźƷ
υ Ќ͵ЉЉ 25%
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υ Ћ͵ЉЉ 25%
EA{Ɠƚ /ƚƓĻ
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
Exhibit
House Bill 89 - Government Code 2270
VERIFICATION
I, _______________________________________________, the undersigned
representative of ______________________________Company or Business name
(hereafter referred to as company), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pursuant to Section 2270.001, Texas Government Code:
1.
with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or
with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business
purposes; and
2. -profit sole proprietorship, organization,
association, corporation, partnership, joint venture, limited partnership,
limited liability partnership, or any limited liability company, including a
wholly owned subsidiary, majority-owned subsidiary, parent company or
affiliate of those entities or business associations that exist to make a profit.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
Exhibit
Senate Bill 252 -Government Code 2252
CERTIFICATION
I, ______________________________________________, the undersigned
representative of ________________________________________________
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Management Department.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
DocuSign Envelope ID: 299D75BB-B1A8-440B-AE4A-92AFB8187DD9
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3
Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor 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 vendor?
Yes No
B. Is the vendor 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 one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Certificate Of Completion
Envelope Id: 299D75BBB1A8440BAE4A92AFB8187DD9Status: Completed
Subject: Please DocuSign: City Council Contract 6650
Source Envelope:
Document Pages: 16Signatures: 7Envelope Originator:
Certificate Pages: 6Initials: 0Jody Word
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-08:00) Pacific Time (US & Canada)jody.word@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: OriginalHolder: Jody WordLocation: DocuSign
5/25/2018 1:20:18 PM jody.word@cityofdenton.com
Signer EventsSignatureTimestamp
Jody WordSent: 5/25/2018 1:26:05 PM
Completed
jody.word@cityofdenton.comViewed: 5/25/2018 1:26:14 PM
BuyerSigned: 5/25/2018 1:27:10 PM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Linda BeckleySent: 5/25/2018 1:27:12 PM
linda@megapromotionstour.comViewed: 5/25/2018 1:31:50 PM
PresidentSigned: 5/25/2018 1:35:25 PM
Linda Beckley
Using IP Address: 47.38.240.39
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/25/2018 1:31:50 PM
ID: 2c6f3c15-cd8b-43e0-b79c-5e6e950965d5
Larry CollisterSent: 5/25/2018 1:35:29 PM
larry.collister@cityofdenton.comViewed: 5/25/2018 1:40:07 PM
First Assistant City AttorneySigned: 5/25/2018 1:40:25 PM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/26/2017 12:27:28 PM
ID: 01f5f868-f109-4e29-ad49-21db9046c882
Tabitha MillsopSent: 5/25/2018 1:40:27 PM
Completed
tabitha.millsop@cityofdenton.comViewed: 6/6/2018 12:44:02 PM
City of DentonSigned: 6/6/2018 12:45:03 PM
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer EventsSignatureTimestamp
Todd HilemanSent: 6/6/2018 12:45:07 PM
Todd.Hileman@cityofdenton.comViewed: 6/6/2018 3:25:02 PM
City ManagerSigned: 6/6/2018 3:25:06 PM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer WaltersSent: 6/6/2018 3:25:09 PM
jennifer.walters@cityofdenton.comViewed: 6/7/2018 6:54:47 AM
City SecretarySigned: 6/7/2018 6:55:24 AM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Sherri ThurmanSent: 5/25/2018 1:35:28 PM
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane RichardsonSent: 6/6/2018 12:45:05 PM
jane.richardson@cityofdenton.comViewed: 6/6/2018 12:53:17 PM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer BridgesSent: 6/7/2018 6:55:26 AM
jennifer.bridges@cityofdenton.comViewed: 6/7/2018 7:18:45 AM
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy EventsStatusTimestamp
Jane RichardsonSent: 6/7/2018 6:55:27 AM
jane.richardson@cityofdenton.comViewed: 6/7/2018 8:00:39 AM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jason BarrowSent: 6/7/2018 6:55:28 AM
jason.barrow@cityofdenton.comViewed: 6/7/2018 7:21:23 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris EscotoSent: 6/7/2018 6:55:29 AM
chris.escoto@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted6/7/2018 6:55:29 AM
Certified DeliveredSecurity Checked6/7/2018 6:55:29 AM
Signing CompleteSecurity Checked6/7/2018 6:55:29 AM
CompletedSecurity Checked6/7/2018 6:55:29 AM
Payment EventsStatusTimestamps
Electronic Record and Signature Disclosure
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