22-2601ORDINANCE NO. 22-2601
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTONBLACK FILM FESTIVAL INSTITUTE, INC., FOR THE PAYMENT AND USE OF HOTELTAX REVENUE IN SUPPORT OF THE DENTON BLACK FILM FESTIVAL; ANDPROVIDING AN EFFECTIVE DATE.
WHEREAS, TEX. TAX CODE §351.101(a) authorizes the CITY to use revenue from its
municipal hotel occupancy tax to promote tourism and the convention and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrants to the municipality or its vicinity; and
WHEREAS, TEX. TAX CODE §351.101 (c) authorizes the CITY to contract with independent
entities, for programs and activities of the type funded with revenue from the municipal hotel
occupancy tax; and
WHEREAS, the agreements and amounts have been reviewed and approved by the
Community Partnership Committee and the City Council deems use of the funds are in the publicinterest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or designee, is hereby authorized to execute an
agreement between the City of Denton and the Denton Black Film Festival Institute, Inc. for thepayment and use of hotel tax revenue, under the terms and conditions contained in the
agreement, a copy of which is attached hereto and made a part hereof.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by arK r\ BacK and
seconded by t)fan&on (ML wKg_ ; the Ordinance was passed and approved by
the following vote B - m :
M Nw Abstain Absent
Gerard Hudspeth, Mayor:1//
V/
k
b/
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :r
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the \Ob day of Jan I 2023 .
GERARD HUDSPETH, MAYOR
ATTEST :
ROSA RIOS, CITY SECRETARY
B III(rr : Ia1a2aB?
APPROVED AS TO LEGAL FORM:MACK REINW AND, CITY ATTORNEY
at+q-HP
BY:
Page 2 of 2
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AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON BLACK FILM
FESTIVAL INSTITUTE, INC. (PY2023) PROviDn+G FOR THE PAYMENT AND USEOF HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation(the “CITY’), and the DENTON BLACK FILM FESTIVAL INSTITUTE, INC., a legal entityincorporated under the laws of the State of Texas (the “DENTON BLACK FILM FESTIVAL
INSTITUTE”).
WHEREAS, TEX. TAX CODE §35 1.002 authorizes CITY to levy by ordinance a municipal
hotel occupancy tax (“hotel tax”) not exceeding seven percent (7%) of the consideration paid by a
hotel occupant; and
WHEREAS, by ordinance, CITY has provided for the assessment and collection of a
municipal hotel occupancy tax in the City of Denton of seven percent (7%); and
WHEREAS, TEX. TAX CODE §351.101(a) authorizes CITY to use revenue nom its
municipal hotel occupancy tax to promote tourism and the convention and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrants to the municipality or its vicinity; and
WHEREAS, DENTON BLACK FILM FESTIVAL INSTITUTE is well equipped to
perform those activities; and
WHEREAS, TEX. TAX CODE §351.101(c) authorizes CITY to delegate by contract with
DENTON BLACK FILM FESTIVAL INSTITUTE, as an independent entity, the management
and supervision of programs and activities of the type described hereinabove funded with revenue
from the municipal hotel occupancy tax;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, CITY and DENTON BLACK FILM FESTIVAL INSTITUTE agree,and contract as follows:
I. HOTEL TAX REVENUE PAYMENT
1.1 Consideration. For and in consideration of the activities to be performed by DENTONBLACK FILM FESTIVAL INSTITUTE under this Agreement, CITY agrees to pay to DENTON
BLACK FILM FESTIVAL INSTITUTE a portion of the hotel tax revenue collected by CITY at
the rates and in the manner specified herein (such payments by CITY to DENTON BLACK FILM
FESTIVAL INSTITUTE sometimes herein referred to as the “agreed payments” or “hotel tax
funds”)
1.2 Amount of Payments.
(a)
rneanmgs :
As used in this Agreement, the following terms shall have the following specific
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(i) The term “hotel tax revenue” shall mean the gross monies collected and
received by CITY as municipal hotel occupancy tax at the rate of seven percent (7%) of
the price paid for a room in a hotel, pursuant to Texas Tax Code §351.002 and CityOrdinance. Hotel tax revenue will include penalty and interest related to the late
payments of the tax revenue by the taxpayer.
(ii) The term “Collection period” will mean the collection period for CITY’s
fiscal year. It will include hotel tax revenue due to CITY for the relevant fiscal year and
collected through the 22nd day of the month following the close of the relevant fiscal year.
(iii) The term “base payment amount” shall mean a net amount of money equal
to the total hotel tax revenue collected by CITY during any relevant period of time (i.e. ,
fiscal year or fiscal quarter), less: (1) attorney and auditing costs incurred during suchperiod for costs of collection or auditing of hotel taxpayers (attorney and auditing costs
include fees paid to attorneys or agents not in the regular employ of CITY for which
attorneys or agents effect compliance or collection of the hotel tax &om taxpayers); and (2)
court costs and other expenses incurred in litigation against, or auditing of, such taxpayers.
(iv) The term “contract quarter” shall refer to any quarter of the calendar year in
which this Agreement is in force. Contract quarters will end on March 31;t, June 30th,
September 30th, and December 3 1 “ of each contract year.
(b) in return for satisfactory performance of the activities set forth in this Agreementand all attachments hereto, CITY shall pay to DENTON BLACK FILM FESTIVAL
INSTITUTE an amount of money in each contract year equal to the lesser amount of One and
Seventy-One Hundredths percent (1.71%) of the annual base payment amount, or the fixed
contract amount of Fifty-One Thousand Five Hundred Dollars ($51,500). This amount will be
paid in one lump sum after the 25th of January 2023. If CITY’s Chief Financial Officer
determines that hotel tax receipts to the CITY are not meeting the anticipated budget projection,
CITY may reduce DENTON BLACK FILM FESTIVAL INSTITUTE’s current budget at any
time during the contract period. Payment is subject to refund of any unused or improperlyexpended funds from the prior contract period, and CITY’s timely receipt of the required
quarterly reports.
1.3 Dates of Payments.
(a) The term “payments” shall mean payments by CITY to AFRICAN AMERICAN
SCHOLARSHIP of those amounts specified in ql.2, above, as determined by the hotel tax revenue
collected.
(b) Each quarterly payment shall be paid upon receipt of the required reports and after the
25th day following the last day of the contract quarter. If any quarterly financial report is not
received within thirty (30) days of the end of the applicable contract quarter, the recipient may be
held in breach of this Agreement. CITY may withhold the quarterly payment(s) until the appropriate
reports are received and approved, which approval shall not be unreasonably withheld.
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1.4 Other limitations regarding consideration.
(a) The funding of this project in no way commits CITY to future funding of this program
beyond the current contract period. Any future funding is solely the responsibility of DENTONBLACK FILM FESTIVAL INSTITUTE
(b) it is expressly understood that this contract in no way obligates the General Fund or anyother monies or credits of CITY.
(c) CITY may withhold further allocations if CITY determines that DENTON BLACK
FILM FESTIVAL INSTITUTE’s expenditures deviate materially from their approved budget.
II. USE OF HOTEL TAX REVENUE
2.1 Use of Funds. For and in consideration of the payment by CITY to DENTON BLACK
FILM FESTIVAL INSTITUTE of the agreed payments of hotel tax fLmds specified above,DENTON BLACK FILM FESTIVAL INSTITUTE agrees to use such hotel tax funds only for
advertising and conducting solicitations and promotional programs to attract tourists and conventiondelegates or registrants to the municipality or its vicinity; as well as the promotion of tourism
through the encouragement, promotion, improvement, and application of the arts, includinginstrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio,
television, tape and sound recording, and other arts related to the presentation, performance,execution, and exhibition of these major arts forms, as authorized by TEX. TAX CODE §351.101(a).
Funds for any calendar year which are unused by midnight December 31st of that year shall be
refunded to CITY within thirty (30) days.
Advertising materials purchased with the hotel occupancy tax funds must be targeted to reach
audiences outside the Denton city limits. These materials include, but are not limited to, signs,
posters, postcards, newsletters, print advertising, digital marketing, billboards, radio and television.
2.2 Administrative Costs. The hotel tax funds received from the CITY by the DENTON
BLACK FILM FESTIVAL INSTITUTE may be spent for day-today operations, office supplies,
salaries, travel expenses, and other administrative costs allowed by TEX. TAX CODE 6351.101(e),
but only if specified in DENTON BLACK FILM FESTIVAL INSTITUTE’s budget attached
hereto as Exhibit “A“ and incorporated herein for all purposes and each are directly attributable to
work on programs which promote tourism and the hotel and convention industry, and if each
promotes at least one of the six statutory purposes enumerated within TEX. TAX CODE §35 1 . 101(a).
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the DENTON BLACK FILMFESTIVAL INSTITUTE for which hotel tax funds may be used shall not exceed that portion of theDENTON BLACK FILM FESTIVAL INSTITUTE’s administrative costs actually incurred in
conducting the activities specified in q2.1 above.
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(b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct
an activity the primary purpose of which is not directly related to the promotion of local tourism and
the convention and hotel industry or the performance of the person’s job in an efficient and
professional manner.
In. RECORDKEEPHVG AND REPORTnf G REQUIREMENTS
3.1 Budget.
(a) DENTON BLACK FILM FESTIVAL INSTITUTE shall adhere to the budget (Exhibit
“A”) as approved by the City Council for each calendar year, for all operations of DENTONBLACK FILM FESTIVAL INSTITUTE in which the hotel tax funds shall be used by DENTON
BLACK FILM FESTIVAL INSTITUTE. In other words, CITY should be able to audit specifically
the purpose of each individual expenditure of hotel tax funds from the separate account relating to
hotel tax. CITY shall not pay to DENTON BLACK FILM FESTIVAL INSTITUTE any hotel taxrevenues as set forth in Section I of this contract during any program year of this Agreement unless
a budget for such respective program year has been approved in writing by the Denton City
Council, authorizing the expenditure of funds.
(b) DENTON BLACK FILM FESTIVAL INSTITUTE acknowledges that approval of
the budget (Exhibit “A”) by the Denton City Council creates a fiduciary duty in DENTON BLACK
FILM FESTIVAL INSTITUTE with respect to the hotel tax funds paid by CITY to DENTONBLACK FILM FESTIVAL INSTITUTE under this Agreement. DENTON BLACK FILM
FESTIVAL INSTITUtE shall expend hotel tax fUnds only in the manner and for the purposes
specified in this Agreement, TEX. TAX CODE §351.101 (a) and in the budget as approved by CITY.
(c) Upon the application or consent of DENTON BLACK FILM FESTIVAL
INSTITUTE, the City Manager or his designate may authorize minor amendments to the approved
budget as necessary to carry out the intent of this Agreement, in a manner consistent with efficient
use of public funds, and in accordance with State law. Such minor amendments may not increase
the overall funding set forth in 81.2(b), extend the term, or otherwise alter the performance
obligations of DENTON BLACK FILM FESTIVAL INSTITUTE, without approval of the City
Council by ordinance.
3.2 Separate Accounts. DENTON BLACK FILM FESTIVAL INSTITUtE shall maintainany hotel tax funds paid to DENTON BLACK FILM FESTIVAL INSTITUTE by CITY in a
separate account or with segregated fund accounting, such that any reasonable person can ascertainthe revenue source of any given expenditure.
3.3 Financial Records. DENTON BLACK FILM FESTIVAL INSTITUTE shall maintain
complete and accurate financial records of each expenditure of the hotel tax funds made byDENTON BLACK FILM FESTIVAL INSTITUTE. These fUnds are required to be classified as
restricted funds for audited financial purposes, and may not be used for contracted services,
including, but not limited to, auditing fees or attorney fees. Upon reasonable advance written
request of the Denton City Council, the City Manager or designate, or any other person, DENTONBLACK FILM FESTIVAL INSTITUTE shall make such financial records available for inspection
and review by the party making the request. DENTON BLACK FILM FESTIVAL INSTITUTE
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understands and accepts that all such financial records, and any other records relating to this
Agreement shall be subject to the Texas Public Information Act, TEX. Gov’T CODE, ch. 552, ashereafter amended.
3.4 Quarterly Reports. After initial receipt of hotel tax funds, and within thirty (30) days
after the end of every quarter thereafter, until all funds have been expended and reported to CITY,
DENTON BLACK FILM FESTIVAL INSTITUTE shall furnish to CITY: (1) a completed
financial report, (2) a list of the expenditures or copies of the invoices or receipts made with regard
to hotel tax funds pursuant to TEX. TAX CODE §35 1.101(c), social media and/or digital marketingexpenditures require invoices to be provided and shall include performance measures, and (3) a
copy of all financial records (e.g. , copies of #ont and back cleared checks or bank statements, and
other relevant documentation). Both the financial and expenditure reports will be in a form either
determined or approved by the City Manager or designate. DENTON BLACK FILM FESTIVAL
INSTITUTE shall respond promptly to any request from the City Manager of CITY, or designate,
for additional information relating to the activities performed under this Agreement.
3.5 Notice of Meetings. DENTON BLACK FILM FESTIVAL INSTITUTE shall give the
City Manager of CITY, or his designate, reasonable advance written notice of the time and place of
all meetings of DENTON BLACK FILM FESTIVAL INSTITUTE ’s Board of Directors, as well
as any other meeting of any constituency of DENTON BLACK FILM FESTIVAL INSTITUTE,
at which this Agreement or any matter subject to this Agreement shall be considered.
rv. TERM AND TERMINATION
4.1 Term. The term of this Agreement shall commence on January 1, 2023 and terminate at
midnight on January 31, 2024. However, the program period shall commence on January 1, 2023,
and terminate at midnight on December 31, 2023. Only those expenditures authorized by Chapter
351 of the Texas Tax Code and the program guidelines, which are actually incurred during the
program period, for events and activities taking place within the program period, are eligible for
funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to
CITY upon termination of this Agreement.
4.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) in the event this contract is terminated by either party pursuant to 14.2(a), CITY
agrees to reimburse DENtON BLACK FILM FESTIVAL INSTITUTE for any contractual
obligations of DENTON BLACK FILM FESTIVAL INSTITUTE undertaken by DEIVFON
BLACK FILM FESTIVAL INSTITUTE in satisfactory performance of those activities specified
in 182. 1 and 2.2 above, and that were approved by the Council through the budget, as noted in
q3.1. This reimbursement is conditioned upon such contractual obligations having been incurred
and entered into in the good faith performance of those services contemplated in qq2.1 and 2.2
above, and further conditioned upon such contractual obligations having a term not exceedingthe full term of this Agreement. Notwithstanding any provision hereof to the contrary, theobligation of CITY to reimburse DENTON BLACK FILM FESTIVAL INSTITUTE, or to
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assume the performance of any contractual obligations of DENTON BLACK FILM FESTIVALINSTITUTE, for or under any contract entered into by DEIVFON BLACK FILM FESTIVAL
INSTITUTE as contemplated herein, shall not exceed 66 2/3% of the current payment.
(c) Further, upon termination pursuant to $4.2(a), DENTON BLACK FILMFESTIVAL INSTITUTE will provide CITY: 1) within ten (10) business days from the
termination notification, a short-term budget of probable expenditures for the remaining sixty
(60) day period between termination notification and contract termination. This budget will be
presented to Council for approval within ten (10) business days after receipt by CITY. If formalapproval is not given within ten (10) business days, and the budget does not contain any
expenditures that would be prohibited by the Texas Tax Code, and is within the currentcontractual period approved budget; the budget will be considered approved; 2) within thirty (30)
days, a full accounting of all expenditures not previously audited by CITY; 3) within five (5)business days of a request from CITY, a listing of expenditures that have occurred since the last
required reporting period; 4) a final accounting of all expenditures and tax funds on the day of
termination. DENTON BLACK FILM FESTIVAL INSTITUTE will be obligated to return any
unused funds, or funds determined to be used improperly. Any use of remaining funds byDENTON BLACK FILM FESTIVAL INSTITUTE after notification of termination is
conditioned upon such contractual obligations having been incurred and entered into in the good
faith performance of those services contemplated in lq2.1 and 2.2 above, and further conditioned
upon such contractual obligations having a term not exceeding the full term of this Agreement.
4.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The termination of the legal existence of DENTON BLACK FILM FESTIVALINSTITUTE;
(b) The insolvency of DENTON BLACK FILM FESTIVAL INSTITUFE, the filing of a
petition in bankruptcy, either voluntarily or involuntarily, or an assignment by DENTON BLACKFILM FESTIVAL INSTITUTE for the benefit of creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement byeither CITY or DENTON BLACK FILM FESTIVAL INSTITUTE for more than thirty (30) days
after written notice of such breach is given to the breaching party by the other party; or
(d) The failure of DENTON BLACK FILM FESTIVAL INSTITUTE to submit a
financial quarterly report which complies with the reporting procedures required herein and
generally accepted accounting principles prior to the beginning of the next contract term, or
quarterly as required by ql.3 hereof.
4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision
of this Agreement, to mitigate damages and to preserve evidence and issues for judicial
determination, either party shall have the right to terminate this Agreement upon immediate notice
to the other party in the event that any person has instituted litigation concerning the activities of the
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non-terminating party, and the terminating party reasonably believes that such activities are required
or prohibited under this Agreement.
4.5 in the event that this Agreement is terminated pursuant to ll4.3 or 4.4, DENTON BLACK
FILM FESTIVAL INSTITUTE agrees to refund any and all unused funds, or funds determined
by CITY to have been used improperly, within thirty (30) days after termination of this
Agreement.GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by DENTON BLACK FILM FESTIVAL INSTITUTE
with another private entity, person, or organization for the performance of those services described
in l2.1 above. In the event that DENTON BLACK FILM FESTIVAL INSTITUTE enters into
any arrangement, contractual or otherwise, with such other entity, person or organization,
DENTON BLACK FILM FESTIVAL INSTITUTE shall cause such other entity, person, or
organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of thisAgreement and to TEX. TAX CODE ch. 351, including reporting requirements, separate funds
maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and
hotel tax funds.
5.2 Independent Contractor. DENTON BLACK FILM FESTIVAL INSTITUTE shall
operate as an independent contractor as to all services to be performed under this Agreement andnot as an officer, agent, servant, or employee of CITY. DENTON BLACK FILM FESTIVAL
INSTITUTE shall have exclusive control of its operations and performance of services hereunder,
and such persons, entities, or organizations performing the same, and DENTON BLACK FILM
FESTIVAL INSTITUTE shall be solely responsible for the acts and omissions of its directors,officers, employees, agents, and subcontractors. DENTON BLACK FILM FESTIVALINSTITUTE shall not be considered a partner or joint ventura with CITY, nor shall DENTON
BLACK FILM FESTIVAL INSTITUTE be considered, nor in any manner hold itself out as, an
agent or official representative of CITY.
5.3 Indemnification. DENTON BLACK FILM FESTIVAL INSTITUTE AGREES TOUVDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, ANDEMPLOYEES FROM AND AGAUVST ANY AND ALL CLAIMS OR SUITS FOR
UVJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KUVD OR CHARACTER,ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY DENTONBLACK FILM FESTIVAL INSTITUTE OF THOSE SERVICES CONTENWLATED BYTHIS AGREEMENT. INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTIONBASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, INWHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONALACTS OFDENTON BLACK FILM FESTIVAL DqSTITUTE , ITS OFFICERS,
EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
5.4 Assignment. DENTON BLACK FILM FESTIVAL INSTITUTE shall not assign this
Agreement without first obtaining the written consent of CITY.
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5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CITY DENTON BLACKINSTITUTE
PresidentDENTON BLACK
INSTITUTE, INC.P.O. Box 1217
Denton, Texas 76202
FILM
FILM
FESTIVAL
City ManagerCITY OF DENTON
215 E. McKinneyDenton, TX 76201
FESTIVAL
5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligationof CITY and DENTON BLACK FILM FESTIVAL INSTITUTE and their respective successors
and assigns.
5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject
to all applicable federal laws, state laws, the Charter of CITY of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreement shall prevail,
notwithstanding any variance in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
5.9 Duplicate Originals. This Agreement is executed in duplicate originals.
5.10 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreement are inserted merely for the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the section and paragraph so designated.
5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreement, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
5.12 Insurance. DENTON BLACK FILM FESTIVAL INSTITUTE shall, at a minimum,
provide insurance as follows:
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1.
2
$ 1,000,000 Commercial General Liability or $1,000,000 Event Insurance, covering all
events taking place on City-owned property,
$500,000 Liquor/Dram Shop Liability for all events occurring on City-owned property
where alcohol will be provided or served.
CITY must be named as an additional insured on all policies (except Workers’ Compensation) and
proof of coverage shall be submitted prior to any payment by CITY.
EXECUTED this 10th day of 3anuarY 2023
THE CITY OF DENTON, TEXAS
DocuSigned br
B„:L ?.:frSARA HENSLEY,CITY MANAGER
DENTON BLACK FILM FESTIVAL
iNSTiTurE, INC.
DocuSigned bp
a£A7By:mI ;hE;;7Bfredtor
ATTEST:
ROSA RIOS, CITY SECRETARY
DocuSigned by:
Ror4RleIBy:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations andbusiness terms.
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY Cassandra OgdenPRINTED NAMESIGNATURE
Chief Financial OfficerTITLE
FinanceDEPARTMENT
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Exhibit A
Denton Black Film Festival
Hotel Occupancy Tax Program
Budget 2023
Advertising
Social Media & Coops
Marketing
Interns/Support
Printer Matter
Billboards
$ 15,150
5,200
$ 1,200
6,000
subtota I $ 27,550
Art
Speakers & Performers & Panelist
Sound Production & Contract Labor
Video & sound Equip Rental & contract Labor
$ 12,000
$ 2,300
$ 9,650
subtota I $ 23,950
Total Budget $ 51,500
Denton Black Film Festival Institute HOT Funds, PY2023 - Page 10
[kx:uSign
Certificate Of Completion
Envelope Id: 05CD2547B40849D4AB791F9C38B3E9FO
Subject: Complete with DocuSign: Agreement - DBFFI HOT PY23.pdf
Source Envelope:
Status: Completed
Document Pages: 10
Certificate Pages: 5
AutoNav: Enabled
Signatures: 4
Initials: 0
Envelope Originator:
Daniel Jones
901 B Texas Street
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Denton, TX 76209
Daniel.Jones@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
12/1 3/2022 9:49:28 AM
Holder: Daniel Jones
Daniel.Jones@cityofdenton.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: 12/1 3/2022 9:50:39 AM
Viewed: 12/13/2022 9:54:46 AM
Signed: 12/1 3/2022 9:54:57 AM
'DocuSigned bvI c„„, FM,E7FF20Cl94EA4F9.
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Harry Eaddy
harrydbff@gmail.com
Security Level: Email, Account Authentication(None)
Sent: 12/1 3/2022 9:M:59 AM
Resent: 12/13/2022 9:57:34 AM
Viewed : 12/1 3/2022 10:02:32 AM
Signed: 12/1 3/2022 10:06:48 AMSignature Adoption: Pre-selected Style
Using IP Address: 47.186.204.21
Electronic Record and Signature Disclosure:Accepted : 12/13/2022 10:02:32 AMID: 74a67a2a-f585-4533-b62a-7cb6e698fOdO
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: 12/1 3/2022 10:06:51 AM
Viewed: 1/1 1/2023 10:20:42 AM
Signed: 1/1 1/2023 10:20:49 AMUsing IP Address: 198.49.140.104
Sara Hensley
Sara .Hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
-DocuSign•d by:I SMA A%&
5236D8296270423
Sent: 1/1 1/2023 10:20:53 AM
Viewed: +/1 1/2023 10:23:53 AM
Signed: 1/1 1/2023 10:23:59 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
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: 1/1 1/2023 10:24:02 AM
Viewed: 1/1 1/2023 1 1 :41 :21 AM
Signed: 1/1 1/2023 11 :41 :32 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 1/1 1/2023 11 :41 :21 AMID: a406b6bc-c6934c47-aa56-3ddOa8f66c98
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
City Secretary
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status Timestamp
Sent: 1/1 1/2023 1 1 :41 :35 AM
Viewed: 1/1 1/2023 1 1 :47:23 AM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Envelope Updated
Certified Delivered
Signing Complete
Completed
Status Timestamps
12/1 3/2022 9:50:39 AM
12/13/2022 9:57:33 AM
1/1 1/2023 1 1 :41 :21 AM
1/1 1/2023 1 1 :41 :32 AM
1/1 1/2023 1 1 :41 :35 AM
Hashed/Encrypted
Security Checked
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: Harry Eaddy, 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 of
this 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 you
must 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..
Rl luired hardware and software
Operating Systems
Browsers (for SENDERS
Browsers (for SIGNERS)
r
e
lternet Explorer 6.0?, Mozilla FireFox 1.0
NetScape 7.2 (or aboveGc mx
Email
Screen Resolution
Enabled Security Settings
• Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTtP 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 OFELECTRONIC 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.