22-2036ORDINANCE NO. 22-2036
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENTBETWEEN THE CITY OF DENTON AND GREATER DENTON ARTS COUNCIL, iNC.,FOR THE COMMUNITY ART GRANTS PROGRAM SPONSORSHIP; AND PROVIDINGAN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the agreement
between the City and Greater Denton Arts Council, Inc. for funds to be used for Community Art
Grants Program sponsorship, which is attached hereto and made a part hereof by reference (the
“Agreement”), serves a municipal and public purpose and is in the public interest; NOWTHEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City, including the expenditure
of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval
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the following vote LI - A:
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Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4 :
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the 1 :5 th d,y ,f NftyVerobtr ' 2022.
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ATTEST:
ROSA RIOS, CITY SECRETARY b\\\111111/
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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BY:
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SPONSORSHIP AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS ANDGREATER DENTON ARTS COUNCIL, INC.
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home
Rule Municipal Corporation, hereinafter referred to as "City", and Greater Denton Arts Council,
Inc., a Texas Non-Profit Corporation, hereinafter referred to as “Organization.”
WHEREAS, City has determined that sponsorship of the Community Art Grants Program
serves a municipal public purpose and has provided funds in its budget to sponsor certain lawful
activities, events, or services provided by the Organization; and
NOW THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SPONSORSHIP
The City shall pay Six Thousand Dollars and no/100 ($6,000.00) (“Sponsorship Funds”)to Organization to be utilized by Organization to perform, in a satisfactory and proper manner, the
Community Art Grants Program in accordance with the Sponsorship Funds budget attached heretoas Exhibit “A“ and incorporated herein for all purposes and Organization’s sponsorship application
on file at the City Finance Department and incorporated herein for all purposes (the “SponsoredActivity”)
II. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of the Sponsorship Funds from City, Organization agrees to
the following terms and conditions:
A. Sponsorship Funds shall be utilized by the Organization only for the purposes set
forth in Article I.
B. Organization acknowledges receival of and to maintain compliance with
sponsorship eligibility requirements as outlined in the City of Denton Sponsorship Guidelines asattached as Exhibit “B” and incorporated herein by reference.
C. Organization shall maintain any Sponsorship Funds paid to the Organization by the
City in a separate account, or with segregated fund accounting, such that any reasonable person
can ascertain the revenue source of any given expenditure.
D. Organization shall maintain complete and accurate financial records of each
expenditure of the Sponsorship Funds made by the Organization. These funds shall be classified
as restricted funds for audited financial purposes.
E. Upon request, Organization shall provide to City its bylaws and any of its rules and
regulations that may be relevant to this Agreement.
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F. Organization will not enter into any contracts that would encumber Sponsorship
Funds for a period that would extend beyond the term of this Agreement.
G. Organization will appoint a representative who will be available to meet with City
officials when requested.
H. Event organizers are responsible for securing all required permits, licenses,
insurance, and approvals necessary to host a special event as stated in permit applications.
1)
2)
Event organizers and vendors are responsible for their own set-up and take-down,
including tents, lighting, etc., before and after the event. The City will not providelabor for vendors.
Event organizers assume all liability in connection with the special event, including
but not limited to any damages to City property, whatever the cause, while hostingthis event, and agrees to reimburse the City for reparations within thirty (30)
calendar days of receipt of a notice/invoice.
1.Organization shall, at a minimum, provide insurance as follows:
1) $1,000,000 Commercial General Liability, or $1,000,000 Event Insurance,
covering all events taking place on City-owned property, and
2) $500,000 Liquor/Dram Shop Liability for any event occurring on City-owned
property where alcohol will be provided or served.
J. City will be recognized as a sponsor at the appropriate level in promotional and
advertising materials. Use of the City logo must be submitted to the Special Events Supervisor for
approval from the Parks and Recreation Department.
III. TIME OF PERFORMANCE
The Sponsored Activity sponsored by City shall be undertaken and completed by
Organization within the following time frame:
The term of this Agreement shall commence on the Effective Date (hereinafter defined)
and terminate September 30, 2023, unless the contract is sooner terminated pursuant to the terms
of this Agreement.
IV. PAYMENTS
A. City shall pay to Organization the cash awarded Sponsorship Funds after the
Effective Date of this Agreement.
B. Organization shall refund to City within ten (10) working days of City's request,any sum of the Sponsorship Funds which has been paid by City and which City at any timethereafter determines:
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1 ) has resulted in overpayment to Organization;
2) has not been spent strictly in accordance with the terms of this Agreement; or
3) is not supported by adequate documentation to fully justify the expenditure.
V. EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the Sponsored Activity can be continuously monitored. Organization shall provide its expenditure
reports, including a list of expenditures and copies of invoices or receipts made with regard to the
Sponsorship Funds, for review by City prior to the termination of this Agreement. In addition,
upon City’s request, Organization agrees to provide City the following data and reports, or copiesthereof:
A. All financial records and external or internal audits. Organization shall submit a
copy of the annual independent audit to City within ten (10) days of receipt of City’s request.
B.All external or internal evaluation reports.
C.An explanation of any major changes in Organization’s program services.
D. To comply with this section, Organization agrees to maintain records that will
provide accurate, current, separate, and complete disclosure of the status of Sponsorship Funds
received and the Sponsored Activity performed under this Agreement. The record system of
Organization shall contain sufficient documentation to provide in detail full support and
justification for each expenditure. Organization agrees to retain all books, records, documents,
reports, and written accounting procedures pertaining to the Sponsored Activity and expenditure
of Sponsorship Funds under this Agreement for five years.
E. Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and benefit of
Sponsored Activity provided under this Agreement.
VI. DIRECTORS' MEETINGS
Upon City’s request, minutes of all meetings of Organization’s governing body shall be
available to City within ten (10) working days of approval.
VII. TERMINATION
The City may terminate this Agreement for cause if Organization fails to perform the
Sponsored Activity, violates any covenants, agreements, warranties or guarantees of thisAgreement, the Organization’s insolvency or filing of bankruptcy, dissolution, or receivership, or
the Organization’ violation of any law or regulation to which it is bound under the terms of this
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Agreement. The City may terminate this Agreement for other reasons not specifically enumerated
in this paragraph.
VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Organization shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations. Organization agrees not to discriminate against any person
or class of persons by reason of race, sex, sexual orientation, age, disability, religion, creed, color,
genetic testing, or national origin in its provision of the Sponsored Activity. To the extent this
Agreement provides that Organization offer accommodations or services to the public, such
accommodations or services shall be offered by Organization to the public on fair and reasonableterms
B. Organization will furnish all information and reports requested by City, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, state, and federal rules and regulations.
C. In the event of noncompliance by Organization with the nondiscrimination
requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
Organization may be barred from further contracts with City.
IX. WARRANTIES
Organization represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by City and
fbmished to City, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written notice to
City
B. Any supporting financial statements heretofore requested by City and furnished to
City, are complete, accurate and fairly reflect the financial conditions of Organization on the date
shown on said report, and the results of the operation for the period covered by the report, and that
since said data was provided to City, there has been no material change, adverse or otherwise, in
the financial condition of Organization.
C. No litigation or legal proceedings are presently pending or threatened against
Organization.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Organization is doing business or with the provisions of any existing indenture or agreementof Organization.
E. Organization has the power to enter into this Agreement and accept payments
hereunder and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
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F. None of the assets of Organization are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization to City.
G. Organization acknowledges and agrees that City maintains sole discretion over
which entities are eligible to become a sponsored organization. The Organization has noexpectation, and City has no obligation, to provide any support or funding during and after the
term of this Agreement which exceed the Sponsorship Funds authorized by this Agreement.
Organization disclaims the right to any sponsorship, fees or benefits except as expressly provided
for in this Agreement.
H. Organization acknowledges and agrees that this Agreement and the provision of the
Sponsored Activity hereunder is nonexclusive, and that City may enter into similar agreementswith other entities.
I. The Sponsored Activity described herein shall be provided in accordance with all
ordinances, resolutions, statutes, rules, regulations and laws of the City and any federal, state and
local governmental agency of competent jurisdiction.
J. Organization and any agent or employee of Organization shall act in an independent
capacity and not as officers or employees of the City. City assumes no liability for Organization’s
actions and performance of the Sponsored Activity, nor assumes responsibility for payments,
bonds, taxes, or other commitments, implied or explicit, by or for the Organization. Organization
shall not have authority to act as an agent on behalf of the City.
K.Organization is not opposing the City in any pending or ongoing legal proceeding.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
X. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. It is understood and agreed by the parties hereto that changes in the state, federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this Agreement without written amendment
hereto and shall become a part of the Agreement on the effective date specified by the law or
regulation.
C. Organization shall notify City of any changes in personnel or governing board
composltron.
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XI. INDEMNIFICATION
ORGANIZATION AGREES TO uvDENUvmY, HOLD HARMLESS, AND DEFENDTHE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANYAND ALL CLAIMS OR SUITS FOR ntJURiES, DAMAGE, LOSS, OR LIABILITY OFwnATEVER KIND OR CHARACTER, ARISING OUT OF OR UV CONNECTION WITHTHE PERFORMANCE BY THE ORGANIZATION OR THOSE SPONSOREDACTIVITIES CONTEMPLATED BY THIS AGREEMENT, INCLUDUVG ALL SUCHCLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL ORSTATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OFNEGLIGENT OR INTENTIONAL ACTS OF ORGANIZATION, ITS OFFICERS,EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND HqVITEES.
XII. CONFLICT OF INTEREST
A. Organization covenants that neither it nor any member of its governing body
presently has any interest, direct or indirect, which would conflict in any manner or degree with
the performance of the Sponsored Activity required to be performed under this Agreement.
Organization further covenants that in the performance of this Agreement, no person having such
interest shall be employed or appointed as a member of its governing body.
B. Organization further covenants that no member of its governing body or its staff,
subcontractors or employees shall violate or cause to be violated the City Ethics Ordinance, as
amended, or possess any interest in or use his/her position for a purpose that is or gives the
appearance of being motivated by desire for private gain for himself/herself, or others; particularly
those with which he/she has family, business, or other ties.
C. No officer, member, or employee of City and no member of its governing bodywho exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall violate or cause to be violated the City Ethics Ordinance, as
amended, or participate in any decision relating to the Agreement which affects his personal
interest or the interest in any corporation, partnership, or association in which he has direct orindirect interest.
XIII. PROHIBITED CONTENT
Sponsored Activity recognition, signage, branding, publicity, and advertising in
conjunction with the Agreement shall not contain obscenity; pornography; incitement to imminent
lawless action; speech presenting a grave and imminent threat; fighting words; fraudulent material;
defamatory, libelous, or slanderous material; solicitations to commit, or speech integral to,
criminal conduct; promotion of drugs, tobacco, gambling, or adult entertainment; political
campaign speech, or speech that supports or opposes or appears to support or oppose a ballot
measure or initiative, or refers to any person in or campaigning for public office.
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XIV. NOTICE
Any notice or other written instrument required or permitted to be delivered under the termsof this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, or via hand-delivery or facsimile, addressed to Organization or City, as the case may
be, at the following addresses:
CITY ORGANIZATION
City of Denton, Texas
Attn: City Manager
215 E. McKinneyDenton, TX 76201
Greater Denton Arts Council, Inc.
Board President
400 East HickoryDenton, TX 76201
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, returb receipt requested.
XV. MISCELLANEOUS
A. Organization shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable,
the remaining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
C. In no event shall any payment to Organization hereunder, or any other act or failure
of City to insist in any one or more instances upon the terms and conditions of this Agreement
constitute or be construed in any way to be a waiver by City of any breach of covenant or default
which may then or subsequently be committed by Organization. Neither shall such payment, act,
or omission in any manner impair or prejudice any right, power, privilege, or remedy available to
City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of
Texas and venue of any litigation concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
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IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the 15th day of November , 2022 (“Effective Date”).
CITY OF DENTON, TEXAS
SARA HENSLEY.CITY MANAGER
GREATER DENTON ARTS COUNCIL,INC.
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ATTEST:
ROSA RIOS, CITY SECRETARY
PRESIDENT
BY:
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ICSCA8CSE 175493
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
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BY:
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational obligationsand business terms.
r-tkBUSblnd &al?&”SIGNATUREChief Financial OfficerTITLE
FinanceDEPARTMENT
Cassey Ogden.PRINTED NAME
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EXHIBIT A
Greater Denton Arts Council
Sponsorship Budget
Fiscal Year 2022 - 2023
Subgrant Program
Subgrants $ 6,000
Total Budget $ 6,000
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Exhibit B
BE city of Denton Sponsorship Guidelines
I. PURPOSE
The purpose of the guidelines is to provide requirements for the evaluation, administration, and
acceptance of Sponsorship requests received by the City of Denton for community events.
II, GENERAI I OVERVIEW
The City allocates funds annually for the purpose of providing support to non-profit and civic-minded
programs and organizations, which further a charitable cause, economic or community growth, or
serve a public interest. The City provides a combination of cash in consideration of sponsorshiprequests and in-kinds services and resources. The distribution of in-kind services and resources are
leveraged annually through an application process in accordance to this guide and is based on annualbudgetary allocations.
This guide serves to implement best practices to ensure impartial decisions are made
in consideration of sponsorship applications and agreements.
The guide also serves to help maintain the City’s Core Values and vision that Denton is a memorable
destination and a community of opportunities that fosters extraordinary quality services and
collaboration relative to co-sponsorship agreements.
The guide does not apply to the allocation or distribution of cash, grants, and/or HOT Funds.
The City reserves the right to decline any request for community event sponsorship if deemed not to be
in the best interest of the City, or if acceptance would create a conflict of interest for the City. The free
use of park facilities for a non-profit organization’s meeting requests is not applicable to
this policy, but rather subject to the City Policy 500.06; Use of City Facilities and Meeting Rooms.
III. ELIGIBILITY CRITERIA
In the went of conflict between the guidelines and other City policies, this guideline will prevail
pending proper approvals. Denton City Council, at its discretion, may grant variances to this policy.
City staff is responsible for the initial assessment of requests that are received in the form of an
application. In accordance with the guidelines, sponsorship requests will only be considered for events
and/or organizations hosting events that meet the eligibility criteria listed below. City staff will seek
consultation with appropriate City stakeholders (e.g. City Legal, Finance Department), as needed.
General Relevance
A. Must be a non-profit Texas corporation, federally tax-exempt under the Internal Revenue
Code (501 (c) (3)) or public agency;
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B
C.
D.
Must demonstrate corporate good standing with the state of Texas at time of application;
The applicant must be based in the City of Denton and hold the event which support is
requested in the City of Denton;
Must have programming, administrative practices and board membership that does not
discriminate on the basis of race, color, religion, national origin, or sexual orientation or
gender identity, citizenship, familial, disability, or veteran status;
If previously sponsored, applicant must have successfhlly fulfilled all prior contracts;
The applicant cannot represent a for-profit enterprise;
E
F.
Community Engagement
A
B
C
D.
Must farther a charitable cause, economic or community growth, or public interest;
The event must serve to benefit the entire community;
The event must be open to the public;
The event must encourage community engagement;
Safe, Livable and Family-Friendly
A
B.
C
D.
The event must be held in a safe, accessible and family-friendly location;
The event must support the City’s mission, vision, and core values in a positive manner;
The event must be compliant with the Special Events Ordinance;
The event must be able to show proof of liability insurance.
The City reserves the right to reject a sponsorship request at any time. Examples of requests that are
typically deemed ineligible include, but are not limited to individuals, organizations, and/or businesses
who promote hatred against individuals or groups, represent religious or political views, candidates,
and campaigns, and whose primary products or services are derived from the sale of tobacco, alcohol,
drugs, firearms, gambling, or sexually explicit or inappropriate materials. For-profit organizations are
not eligible for sponsorship even if some proceeds are donated to non-profit organizations.
IV.SPONSORSHIP REQUIREMENTS
A
B.
C
An executed contract with the City will be administered for the receipt of these funds.
A performance report provided to the City thirty-days after the event to illustrate
compliance to the program guidelines and contract.
Organization shall market the City as a sponsor at the event and/or through marketingmaterials.
In all publications (e.g., flyers, programs, brochures, press releases, advertisements,annual reports and aU other mailing pieces) , recipient shall acknowledge in somemeaningful way that their organization is funded in part by the City of Denton. Such
acknowledgement might take the form of inclusion on a donors list for events. Recipients
are advised that usage of the official City logo is restricted by policy (505.02) andordinance. Any use of the City logo must be coordinated with and approved by the
appropriate City representatives, to ensure compliance with these standards. Written
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authorization must be obtained from the City Manager or their designee.
Organization shall maintain complete and accurate financial records of each expenditure
of the sponsorship revenue, and report these to the City Manager or their designee by the
end of the contract term in a report specified by the City. All financial records and any
other records relating to the contract shall be subject to the requirements of the PublicInformation Act.
Check payments to approved contracts will be made in the first quarter of the City’s fiscal
yearLIMITATION OF SPONSORSHIP FUNDS
D.
E
V.
• Sponsorship funds will not be provided to City departments.
• Co-Sponsorship requests for in-kind services of park and facilities fees will be funded up to50%
VI. CONTRACT TERMS
The contract period will commence on October 1 of the current year and terminate at midnight on
September 30 of the following year. A thirty-day grace period is provided which allows events in
September to finalize their reporting of expenditures. Either party may terminate the contract by sixtydays written notice.
VII.REQUEST AND APPLICATION PROCESS
Funds allocated for sponsorship and determination of subsidy is established by City Council during the
annual budget process. The application deadline is strategically set to provide City Council the
opportunity to consider and approve requests based on allocated funds set to be adopted in the budgetfor the following fiscal year.
The following summarizes process responsibilities in the steps outlined below:
Community Partnership Committeel Assigned by City Council, assesses applications based on
secondary criteria and value to the community prior to making recommendations to City Council.
City Council I Allocates sponsorship budget; approves or denies sponsorship requests.
STEP 1 1 Application Submission
Submission Sponsorship request applications are accepted annually for community eventstaking place in the next fiscal year.
The sponsorship application does not replace or provide exemptions from
applicable permit requirements. A Special Event Permit is required to host a
community event per the most recent ordinance enacted at the time of application.
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Deadline Sponsorship applications must be submitted electronically no later than thedeadline set each year by the sub-committee.
An exception to the deadline is made for first-time events seeking co-sponsorship
support, however consideration may be potentially impacted by staff and facility
availability and limited budgetary resources.
Applicants must submit all the following requirements that are outlinedin the application. Failure to do so may deem the application incomplete.
Application
Requirements
•
•
•
•
•
•
•
•
Event organizer and/or organization contact details;
Proposed event, date(s), and location(s);
Anticipated attendance and historical attendance, if applicable;
Description and purpose of the event;
Statement of how the event benefits the community;
Statement of request and itemized in-kind services and resources;
Description of how the requested co-sponsorship support will
complement other funding provided by the City, when applicable
Disclosure of other funding or support requested and/or received by the City
STEP 2 1 Application Assessment
Assessment Special Events Supervisor and/or other City Staff will review and assess all
applications based on the eligibility criteria. All applications are individuallyassessed and reviewed.
Value
Allocation Special Events Supervisor and City department stakeholders will review each
application and apply a cost and/or value to each in-kind service request and
resource based on current fees, costs, and prior year actuals. A sponsorship
allocation report will be attached as a supplemental document to the application.
STEP 3
Review
I Subcon rmittee Review and Recommendations
The applications that meet eligibility criteria will be delivered with the allocation
report to City Council’s designated subcommittee for review and consideration for
City Council recommendations.
During this process a set of secondary criteria may be considered by the
subcommittee, in no particular order of importance or weight, to help furtheridentify the ranking of applications for City Council’s consideration.
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Secondary Criteria may include, but is not be limited to:
•
•
•
•
•
•
•
•
•
•
Impact on existing City operations, assets, facilities, and resources
Impact on the delivery of City services
Extent of City-wide value and economic benefits
Production of measurable outcomes in alignment with City’s Strategic Plan
Demonstrated public support for the proposed event
Financial need and event financial stability
Funding and support from other City programs
Experience in the planning and execution of the proposed event
Impact on residential and business communities, including but not limited
to street closure requests, traffic flow, and interference with commercialand/or business activities
Other factors deemed relevant to the co-sponsorship request,
including but not limited to, reoccurring events that are in good standing
Recommendation Sub-committee’s recommendations will be submitted for consideration to City
Council during the annual budget work session meeting.
STEP 4 1 City Council Review and Approval
City CouncilReview Sponsorship requests can be approved as submitted, revised, or denied by CityCouncil.
STEP 5 1 Notification and Co-Sponsorship Agreement
Completion The Grant Office will notify individual applicants of City Council’s approval or
denial for sponsorship. Sponsorship approvals will be effective beginning October
1 of the upcoming fiscal year. Approval for sponsorship in one year does not imply
or guarantee approval in subsequent years. Council will approve each sponsorship
agreement by ordinance in a regular meeting during the first quarter of the City’s
fiscal year.
VIII. APPLICATION PROVISIONS
BudgetAllocation The annual approved budget for sponsorships may not be increased
unless a budget adjustment is approved by City Council.
Award of
Funding orIn-Kind
Services
City Council approval of awards does not guarantee receipt of award.
Disbursement of funding and/or in-kind service sponsorship awards are
dependent on compliance with all applicable contract terms, permits, and
ordinance requirements,
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Facility Use The availability and capacity of a City park and/or facility will be verified during
the application process.
Permits The City will not waive issuance of permit requirements or applicable permit
fees under any circumstances.
The City will not waive insurance requirements under any circumstances.
Indemnification and proof of insurance is required as part of the agreementin accordance with City’s Special Events Ordinance.
Insurance
Verification of non-profit status might be requested in the form of documentation
to the City sufficient to prove non-profit status, such
as Articles of Incorporation and/or IRS Employer Identification Number. The
organization must be in good standing with the State of Texas during the
application process through the end of the event.
Non-Profit
Status
Employee
Ethics Policy
(10.00)
Sponsorship application requests must be initiated by the applicant
and not pursued by City staff in order to remain impartial. No City employee
shall directly or indirectly solicit, seek, or accept anything of value in return for
being influenced in the performance of an official act; influenced to commit, aid
in committing, collude or allow fraud; or induced to perform or fail to perform an
act in violation of the employee’s official duty or the City’s Employee Ethics
Policy (10.00). In order to eliminate risk to City employees and to manage any
possible conflicts regarding co-sponsorship requests, no City employee shall
engage in any solicitation of co-sponsorship or enter into an agreement or
approval on behalf of the City.
IX. TERMS AND DEFINITIONS
Applicant Refers to the person submitting the request as one of the following:
• Organizer of the proposed event
• Representative of the organization hosting the proposed event
• Committee and/or board member of presiding organization
A conflict of interest is a situation in which personal, and/or financial,
considerations have the potential to influence or compromise professional
judgement or actions. They are subject to sensitivities based on perception and
can negatively compromises the integrity of the City’s public image. In order to
manage the associated risks, real or perceived, it is the City’s policy to address
conflict of interest through disclosure and recusal.
Conflict
of Interest
Sponsorship
Agreement
Specifies the City’s contribution of cash and/or in-kind services and resources
and outlines the responsibility, risk, and accountability of the applicant.
DocuSign Envelope ID: IDCB65E6-027146F6-8D74-C6451E7923EF
In-Kind Services
or Resources
Where City services and resources are leveraged in lieu of cash
for sponsorship offerings. Examples include staff time, public
safety services, equipment use, and/or the use of City facilities.
Public agency refers to an organization with administrative or functional
responsibilities which are directly or indirectly affiliated with a governmentalbody, state, or local jurisdiction. Examples include universities and/or
public-school districts.
Public Agency
[kx:uSign
Certificate Of Completion
Envelope Id: 1 DCB65E6027146F68D74C6451E7923EF
Subject: Complete with DocuSign: Agreement - GDAC Sponsor 23 s.pdf
Source Envelope
Status: Completed
Document Pages: 16
Certificate Pages: 5
AutoNav: Enabled
Signatures: 4
Initials: 0
Envelope Originator:
Daniel Jones
901B Texas Street
Denton, TX 76209Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)Daniel.Jones@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
11/2/2022 4:34:09 PM
Holder: Daniel Jones
Daniel.Jones@cltyofdenton.com
Location: DocuSign
Signer Events
Cassey Ogden
Cassandra.Ogden@cityofdenton.com
Chief Financial Officer
City of Denton
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 11/2/2022 4:35:34 PM
Viewed: 11/4/2022 6:41 :25 AM
Signed: 11/4/2022 6:41 :32 AM
Signature Adoption: Pre-selected Style
Using IP Address: 12.247.3.42
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Natalie Nichelsen
president@dentonarts.com
Security Level: Email, Account Authentication
(None)
'DocuSlgned br
1 MtHib M&tL£h
.B56FE4F89B5F4C7
Sent: 11/4/2022 6:41 :33 AM
Viewed: 11/5/2022 9:11 :37 AM
Signed: 11/5/2022 9:12:28 AM
Signature Adoption: Pre-selected Style
Using IP Address: 75.139.249.21
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted : 11/5/2022 9:11 :37 AMID: 3571 24bd-c610448b-bOd5-ef37fOcOabfa
Daniel Jones
daniel.jones@cityofdenton.com
Planning Technician I
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Completed Sent: 11/5/2022 9:12:30 AM
Viewed: 11/16/2022 10:28:47 AM
Signed: 11/16/2022 10:28:56 AMUsing IP Address: 198.49.140.104
Sara Hensley
Sara.Hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 11/1 6/2022 10:28:58 AM
Viewed: 11/16/2022 10:29:40 AM
Signed: 11/1 6/2022 10:29:46 AM
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.198.132
Signed using mobile
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Signer Events
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 11/1 6/2022 10:29:48 AM
Viewed: 11/1 6/2022 4:24:13 PM
Signed: 11/1 6/2022 4:24:22 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 11/16/2022 4:24:13 PMID: 2f30238f-05674787-961c-844d573a555b
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status
Status
Timestamp
Certified Delivery Events Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
11/2/2022 4:35:34 PM
11/16/2022 4:24:13 PM
11/1 6/2022 4:24:22 PM
11/1 6/2022 4:24:22 PM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Natalie Nichelsen, Rosa Rios
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom ofthis document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request youmust state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems
Browsers (for SENDERS
Browsers (for SIGNERS)
r
Internet Explorer 6.0? or above
He let Explorer 6.0?, Mozilla FireFox 1.0NetScape 7.2 (or above)c
x
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable Hmp 1.1 settings viaroxy connectIon
++ These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree’ button below.
By checking the 'I Agree’ box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.
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