22-2608ORDINANCE NO. 22-2608
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTONPARKS FOUNDATION, INC., FOR THE PAYMENT AND USE OF HOTEL TAXREVENUE rN SUPPORT OF CINCO DE MAYO FESTIVAL, JUNETEENTHCELEBRATION, AND DOG DAYS OF DENTON; AND PROVIDING AN EFFECTIVEDATE
WHEREAS, TEX. TAX CODE §351.101(a) authorizes the CITY to use revenue from itsmunicipal 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 Parks Foundation, Inc. for the payment
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.
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seconded by \Bftxr&D Ouse' \AC(;ec ; the Ordinance was passed and approved bythe following vote A - 1] :
@ NIa,,Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, DistrIct 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
VACANT. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the ICP day of
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
'-
By:
DocuSign Envelope ID: 81873ECB-0D24-4485-AEF2-080B79B516C2
AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON PARKS FOUNDATION, INC. (PY2023)PROVIDHqG FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation
(the “CITY’), and the Denton Parks Foundation, Inc., a legal entity incorporated under the laws ofthe State of Texas (the “FOUNDATION”).
WHEREAS, TEX. TAX CODE §351.002 authorizes the 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, the 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 the CITY to use revenue from itsmunicipal 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, the FOUNDATION is well equipped to perform those activities; and
WHEREAS, TEX. TAX CODE §351.101 (c) authorizes the CITY to delegate by contract with
the FOUNDATION, as an independent entity, the management and supervision of programs andactivities of the type described hereinabove funded with revenue aom the municipal hotel
occupancy tax;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, the CITY and the FOUNDATION agree, and contract as follows:
I. HOTEL TAX REVENUE PAYMENT
1.1 Consideration. For and in consideration of the activities to be performed by the
FOUNDATION under this Agreement, the CITY agrees to pay to the FOUNDATION a portion ofthe hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such
payments by the CITY to the FOUNDATION sometimes herein referred to as the “agreed
payments” or “hotel tax funds“).
1.2 Amount of Payments.
(a)
meanlllgs :
As used in this Agreement, the following terms shall have the following specific
(i) The term “hotel tax revenue” shall mean the gross monies collected andreceived by the 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 City
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Ordinance. 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 the CITY’s
fiscal year. It will include hotel tax revenue due to the 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 the CITY during any relevant period of time (i. e.,
fiscal year or fiscal quarter), less: (1) attorney and auditing costs incurred during such
relevant period of time 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 the CITY
for which attorneys or agents effect compliance or collection of the hotel tax Rom
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 31st, June 30th,
September 30th, and December 3 1 st of each contract year.
(b) in return for satisfactory performance of the activities set forth in this Agreement
and all attachments hereto, the CITY shall pay to FOUNDATION an amount of money in each
contract year equal to the lesser amount of Three and Forty-Six Hundredths percent (3.46%) of
the annual base payment amount, or the fixed contract amount of One Hundred Four Thousand
Dollars ($104,000). This amount will be divided into two payments equal to 50% of the annual
fixed contract amount, unless the CITY can show with reasonable certainty that the annual base
payment amount will be less than originally estimated for the fiscal year. The final payment will
represent 50% of the fixed contract amount or the unpaid remainder of 3.46% of the base
payment amount, whichever is less. The final payment will be made after the 258= of April 2023 .If CITY’s Chief Financial Officer determines that hotel tax receipts by the CITY are not meeting
the anticipated budget projection, CITY may reduce the FOUNDATION’s current budget at any
time during the contract period. Each quarterly payment is subject to refund of any unused or
improperly expended funds from the prior contract period, and CITY’s timely receipt of the
required quarterly reports.
1.3 Dates of Payments.
(a) The term “quarterly payments” shall mean payments by the CITY to the
FOUNDATION of those amounts specified in ql.2, above, as determined by the hotel tax revenuecollected.
(b) Each payment shall be paid upon receipt of the required reports and after the 25th day
of January 2023 and after the 25th of April 2023. 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. The 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 the CITY to future funding of this
program beyond the current contract period. Any future funding is solely the responsibility of theFOUNDATION.
(b) it is expressly understood that this contract in no way obligates the General Fund or any
other monies or credits of the CITY.
(c) CITY may withhold further allocations if CITY determines that FOUNDATION’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 FOUNDATION of the
agreed payments of hotel tax funds specified above, FOUNDATION agrees to use such hotel tax
funds only for (1) advertising and conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the municipality or its vicinity, as authorized by
TEX. TAX CODE §351.101 (a) ; and (2) encourage promotion, improvement, and application of the
arts, including instrumental 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 art forms, as authorized by TEX. TAX CODE §35 1.101 (a)(4).
Funds for any calendar year which are unused by midnight December 31 st 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 FOUNDATION
may be spent for day-today operations, office supplies, salaries, travel expenses, and otheradministrative costs allowed by TEX. TAX CODE §351.101(e), but only if specified in
FOUNDATION’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 §351.101(a).
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the FOUNDATION for which hotel tax
funds may be used shall not exceed that portion of the FOUNDATION’s administrative costs
actually incurred in conducting the activities specified in 12.1 above.
(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
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the convention and hotel industry or the performance of the person’s job in an efficient and
professional manner.
In. RECORDKEEPHVG AND REPORTHVG REQUIREMENTS
3.1 Budget.
(a) The FOUNDATION shall adhere to the budget (Exhibit “A”) as approved by the City
Council for each calendar year, for all operations of the FOUNDATION funded by hotel tax
revenues. In other words, the 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 funds. The
CITY shall not pay to the FOUNDATION any hotel tax revenues 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) The FOUNDATION acknowledges that approval of the budget (Exhibit 'W’) by the
Denton City Council creates a fiduciary duty in the FOUNDATION with respect to the hotel tax
funds paid by the CITY to the FOUNDATION under this Agreement. The FOUNDATION 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 the CITY.
(c) Upon the application or consent of FOUNDATION, the City Manager or 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 jl.2(b), extend the
tonI, or otherwise alter the performance obligations of FOUNDATION, without approval of the
City Council by ordinance.
3.2 Separate Accounts. The FOUNDATION shall maintain any hotel tax funds paid to the
FOUNDATION by the CITY in a separate account or with segregated hInd accounting, such that
any reasonable person can review the source of expenditures of tax fUnds.
3.3 Financial Records. The FOUNDATION shall maintain complete and accurate financial
records of each expenditure of the hotel tax funds made by the FOUNDATION. These funds shall
be classified as restricted funds for audited financial purposes, and may not be used for contracted
services, including, but not limited to, auditing fees and attorney fees. Upon reasonable advance
written request of the Denton City Council, the City Manager or designate, or any other person,
shall make such financial records available for inspection and review by the party making the
request. FOUNDATION understands and accepts that all such financial records, and any other
records relating to this Agreement shall be subject to the Public Information Act, TEX. Gov’T CODE,
Ch. 552, as hereafter amended.
3.4 Quarterly Reports. After initial receipt of hotel tax funds and within thirty (30) days
after the end of every contract quarter, FOUNDATION 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 marketing
expenditures require invoices to be provided and shall include performance measures, and (3) a
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copy of all fInancial records (e.g. , copies of front 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. The FOUNDATION shall respond
promptly to any request from the City Manager of the CITY, or designate, for additional
information relating to the activities performed under this Agreement.
3.5 Notice of Meetings. The FOUNDATION shall give the City Manager of the CITY, or
designate, reasonable advance written notice of the time and place of all meetings ofFOUNDATION’s Board of Directors, as well as any other meeting of any constituency of the
FOUNDATION at which this Agreement or any matter the subject of this Agreement shall be
considered. This provision shall not be deemed to require the FOUNDATION to give notice of anyexecutive session of the Executive Committee of the FOUNDATION.
IV. 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 toCITY 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 q4.2(a), theCITY agrees to reimburse the FOUNDATION for any contractual obligations of the
FOUNDATION undertaken by the FOUNDATION in satisfactory performance of those
activities specified in 112. 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 ql2. 1 and 2.2 above, and further conditioned upon such contractual obligationshaving a term not exceeding the fall term of this Agreement. Notwithstanding any provision
hereof to the contrary, the obligation of the CITY to reimburse the FOUNDATION or to assume
the performance of any contractual obligations of the FOUNDATION for or under any contractentered into by the FOUNDATION as contemplated herein shall not exceed 66 2/3% of the
current quarterly payment.
(c) Further, upon termination pursuant to q4.2(a), the FOUNDATION will provide the
CITY: 1) within ten (10) business days from the termination notification, a short-term budget ofprobable 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 formal approval is not given within ten (10) business
days and the budget does not contain any expenditures that would be prohibited by the Texas
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Tax Code, and is within the current contractual period approved budget; the budget will be
considered approved; 2) within thirty (30) days, a full accounting of all expenditures not
previously audited by the City; 3) within five (5) business days of a request from the 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. The FOUNDATION will
be obligated to return any unused funds or funds determined to be used improperly. Any use of
remaining fUnds by the FOUNDATION 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 112. 1 and 2.2 above, and further conditioned upon suchcontractual obligations having a term not exceeding the full term of this Agreement.
4.3 Automatic Termination. This Agreement shall automatically terminate upon theoccurrence of any of the following events:
(a) The termination of the legal existence of the FOUNDATION;
(b) The insolvency of the FOUNDATION, the filing of a petition in bankruptcy, eithervoluntarily or involuntarily, or an assignment by the FOUNDATION for the benefit of creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement byeither the CITY or the FOUNDATION 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 the FOUNDATION to submit a financial quarterly report which complies
with the reporting procedures required herein and generally accepted accounting principles prior tothe 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
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 114.3 or 4.4, FOUNDATION
agrees to refund any and all unused fUnds, or funds determined by the CITY to have been used
improperly, within thirty (30) days after termination of this Agreement.
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V. GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by the FOUNDATION with another private entity, person,or organization for the performance of those services described in 12. 1 above. In the event that the
FOUNDATION enters into any arrangement, contractual or otherwise, with such other entity,
person or organization, the FOUNDATION shall cause such other entity, person, or organization to
adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement 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. The FOUNDATION shall operate as an independent contractor
as to all services to be performed under this Agreement and not as an officer, agent, servant, or
employee of the CITY. The FOUNDATION shall have exclusive control of its operations and
performance of services hereunder, and such persons, entities, or organizations performing the same
and the FOUNDATION shall be solely responsible for the acts and omissions of its directors,
officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a
partner or joint ventures with the CITY, nor shall the FOUNDATION be considered nor in any
manner hold itself out as an agent or official representative of the CITY.
5.3 Indemnification. THE FOUNDATION AGREES TO INDEMNIFY, HOLDHARMIIESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEESFROM AND AGAUVST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE,LOSS, OR LIABnITY OF WHATEVER KHVD OR CUARACTER, ARISHVG OUT OF ORUV CONNECTION WITH THE PERFORMANCE BY THE FOUNDATION OF THOSESERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCHCLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR
STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OFNEGLIGENT OR INTENTIONAL ACTS OF FOUNDATION, ITS OFFICERS,EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
5.4 Assignment. The FOUNDATION shall not assign this Agreement without first obtainingthe written consent of the CITY.
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 FOUNDATION
City ManagerCITY OF DENTON
215 E. McKinneyDenton. TX 76201
President
DENTON PARKS FOUNDATION, INC.
901 Texas St. Denton, Texas 76209
Festival Foundation HOT Funds, PY2023 - Page 7
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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 obligation
of the CITY and the FOUNDATION 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 the 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,
wlich ue 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. The FOUNDATION shall provide insurance as follows:
1.
2.
Sl,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 any event 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 the CITY.
EXECUrEDthis 10th day of January , 2023.
THE CITY OF DENTON, TEXAS
Son HeMl£yBy:SARA HENSLEY,CITY MANAGER
Festival Foundation HOT Funds, PY2023 - Page 8
DocuSign Envelope ID: 81873ECB-0D24-zk+85-AEF2-080B79B516C2
DENTON PARKS FOUNDATION, NC.
By:
President
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligationsand business terms.
SIGNATURE Cassandra OgdenPRINTED NAME
Chief Financial OfficerTITLE
Finance
DEPARTMENT
Festival Foundation HOT Funds, PY2023 - Page 9
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Exhibit A
Denton Parks Foundation
Juneteenth Celebration
Budget 2023
Art
Musicians
Photogmphys/Video
Site Operations
Administration
Sound & Equipment
$
$
$
$
$
28,242.00
3,324.00
8,310.00
3,924.00
4,986.00
subtota I $ 48,786.00
Advertising
Radio/TV
Internet/Web/Social Media
Printed Materials
$ 4,152.00
$ 4,152.00
$ 2,910.00
subtotal $ 11,214.00
Total Budget $ 60,000.00
Dog Days of Denton
Budget 2023Art
Musicians & Entertainers
DJ
Photography/Video
Site Operations
FencIngPartial Administrative
Salary
$
$
$
$
$
$
2,777.78
555.56
740.74
8,888.89
5,185.19
3,703.70
subtota I $ 21,851.86
AdvertisingPrint
Internet/Web/Social Media
$ 4,444.44
$ 3,703.70
subtota I $ 8, 148.14
Total Budget $ 30,000.00
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Cinco De Mayo
Budget 2023
Art
Entertainment
Site Operations
7% Administrative fee
Site Operations
$ 5,091.22
2,053.46
$ 915.57
subtota I $ 8,060.25
Advertising
Radio/TV
Internet/Web/Social Media
Printed Materials
2,545.61
1,697.07
1,697.07$
subtotal $ 5,939.75
Total Budget $ 14,000.00
DPF Total HOT Funds
Budget $ 104,000.00
Festival Foundation HOT Funds, PY2023 - Page 1 1
Ekx:uSign
Certificate Of Completion
Envelope Id: 81873ECBOD244485AEF2080B79B516C2
Subject: Complete with DocuSign: Agreement - Denton Parks Foundation PY23.pdf
Source Envelope:
Document Pages: 11
Certificate Pages: 5AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Status: Completed
Signatures: 4
Initials: 0
Envelope Originator:
Daniel Jones
901 B Texas Street
Denton, TX 76209
Daniel.Jones@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/21/2022 9: 15:47 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: 12/21/2022 9:18:01 AM
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Signed: 12/21/2022 12:28:20 PM
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Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Mando Castillo
mandocastillo1 3@gmail.com
Security Level: Email, Account Authentication(None)
Sent: 12/21/2022 12:28:23 PM
Resent: 12/28/2022 8:46:23 AM
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Using IP Address: 47.190.165.199
Electronic Record and Signature Disclosure:Accepted: 12/29/2022 1:56:24 PMID: 686d7965-31074eca-8a5d-2840886787cc
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: 12/29/2022 1 :57:38 PM
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Signed: 1/11/2023 10:16:08 AMUsing IP Address: 198.49.140.104
Sara Hensley
Sara.Hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
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I SMA He+41&f
,5236DB296270423.
Sent: 1/1 1/2023 10:16:12 AM
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Signer Events
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 1/1 1/2023 10:35:00 AM
Viewed: 1/1 1/2023 1 1 :48:20 AM
Signed: 1/1 1/2023 11 :48:30 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 1/1 1/2023 1 1 :48:20 AMID: 057bdf9b-33af-4be5-92a5-c77409a2d644
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status 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 11 :48:33 AM
Viewed: 1/1 1/2023 1 1 :52:47 AM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
12/21/2022 9:18:01 AM
1/1 1/2023 11 :48:20 AM
1/1 1/2023 1 1 :48:30 AM
1/1 1/2023 1 1 :48:33 AM
Envelope SentCertified Delivered
Signing Complete
Hashed/Encrypted
Security Checked
Security Checked
Security CheckedCompleted
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: Mando Castillo, 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 mayrequest 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 disclosuresonly 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 yourDocuSign 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. .
Required hardware and software
Operating S terns
Browsers (for SENDERS)
Browsers (for SIGNERS)
r
l
mlet Explorer 6.0?, Mozilla FireFox 1.0NetSl7.2 (or above)
@_cess to a valid email account
x
Emailmc esolution
Enabled Security Settings
• Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings viaroxy connectron
## 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 toother 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 madeavailable to me by City of Denton during the course of my relationship with you.