22-2609ORDINANCE NO. 22-2609
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
DAY OF THE DEAD FESTIVAL, INC., FOR THE PAYMENT AND USE OF HOTEL TAXREVENUE IN SUPPORT OF THE DENTON DAY OF THE DEAD 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 ORDA INS:
SECTION 1. The City Manager, or designee, is hereby authorized to execute an
agreement between the City of Denton and the Denton Day of the Dead Festival, 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.
The motion to appr,,, thi, O,di„,„„ w„ m,d, by e riM, kk ,„d
seconded by T:farAH (AsLy{'Ow ; the Ordinance was passed and approved bythe following vote B - a :
An NIa r Abstain Absent
Gerard Hudspeth, Mayor:\/
t/
V/
1//
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:
PASSED AND APPROVED thi, th, ID% d,y ,f ahn,J,L,t 2023.
ATTEST:
ROSA RIOS, CITY SECRETARY
dE__#
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
"-
BY:
Page 2 of 2
DocuSign Envelope ID: EA83F582-398544CA-AD01-9B813185C7B4
AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON DAY OF THE DEAD FESTIVAL, nIC. (PY2023)PROVDP+G 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 Day of the Dead Festival, Inc., a legal entity incorporated under the
laws of the State of Texas (the “ENtITY”).
WHEREAS, TEX. TAX CODE 935 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 COD£ §351.101(a) authorizes 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, ENTITY is well equipped to perform those activities; and
WHEREAS, TEX. TAX CODE §351.101(c) authorizes CITY to delegate by contract with
ENTITY, as an independent entity, the management and supervision of programs and activities of
the type described hereinabove flmded 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 ENTITY agree, and contract as follows:
I. HOTEL TAX REVENUE PAYMENT
1.1 Consideration. For and in consideration of the activities to be performed by ENTITY
under this Agreement, CITY agrees to pay to ENTITY a portion of the hotel tax revenue collected
by CITY at the rates and in the manner specified herein (such payments by CITY to ENTITY
sometimes herein referred to as the “agreed payments” or “hotel tax funds”).
1.2 Amount of Payments.
(a)
meanlrlgs:
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 and
received by CITY as municipal hotel occupancy tax at the rate of seven percent (7%) ofthe 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.
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(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 G.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 CITY for
which attorneys or agents effect compliance or collection of the hotel tax from 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 “ of each contract year.
(b) in return for satisfactory performance of the activities set forth in this Agreement
and all attachments hereto, CITY shall pay to ENTITY an amount of money in each contract
year equal to the lesser amount of: One and Sixty Hundredths percent (1.66%) of the annual
base payment amount, or the fixed contract amount of Fifty Thousand Dollars ($50,000). 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 by the CITY are not meeting the anticipated budgetprojection, CITY will reduce the ENTITY’s current budget at any time during the contract
period. 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 CITY to ENTITY 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 beheld 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.
1.4 Other limitations regarding consideration.
(a) The funding of this project in no way commits CITY to future funding of this programbeyond the current contract period. Any fUture funding is solely the responsibility of ENTITY.
(b) it is expressly understood that this contract in no way obligates the General Fund or anyother monies or credits of CITY.
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(c) CITY may withhold further allocations if CITY determines that ENTITY’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 ENTITY of the agreed
payments of hotel tax funds specified above, ENTITY agrees to use such hotel tax funds only for
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) (3) ; and 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 §351.101 (a)(4).
Funds for any calendar year which are unused by midnight December 31 st of that year shall berefunded 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 CITY by ENTITY may be spent
for day-to-day operations, office supplies, salaries, travel expenses, and other administrative costs
allowed by TEX. TAX CODE §351.101(e), but only if specified in ENTITY’s budget attached hereto
as Exhibit “A“ and incorporated herein for all purposes and each such expenditure is directly
attributable to work on programs which promote tourism and the hotel and convention industry, and
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 ENTITY for which hotel tax funds may
be used shall not exceed that portion of ENTITY’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 the convention and hotel industry and the performance of the person’s job in an efficient and
professional manner.
m. RECORDKEEPUVG AND REPORTUVG REQUIREMENTS
3.1 Budget.
(a) ENTITY shall adhere to the budget (Exhibit “A”) as approved by the City Council for
each calendar year, for all operations of ENTITY in which the hotel tax funds shall be used by
ENTITY. In other words, CITY should be able to audit specifically the purpose of each individual
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expenditure of hotel tax funds from the separate account relating to hotel tax fUnds. CITY shall not
pay to ENTITY 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 pr%ram year has been approved in
writing by the Denton City Council, authorizing the expenditure of funds.
(b) ENTITY acknowledges that approval of the budget (Exhibit “A”) by the Denton
City Council creates a fiduciary duty in ENTITY with respect to the hotel tax funds paid by CITY
to ENTITY under this Agreement. ENFITY 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 ENTITY, 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 ql.2(b), extend the
term, or otherwise alter the performance obligations of ENtITY, without approval of the City
Council by ordinance.
3.2 Separate Accounts. ENTITY shall maintain any hotel tax funds paid to ENTITY byCITY in a separate account or with segregated fund accounting, such that any reasonable person can
ascertain the revenue source of any given expenditure.
3.3 Financial Records. EIVFITY shall maintain complete and accurate financial records of
each expenditure of the hotel tax funds made by ENTITY. 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 writtenrequest of the Denton City Council, the City Manager or designate, or any other person, ENTITY
shall make such financial records available for inspection and review by the party making the
request. ENtITY 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 quarter thereafter, until all funds have been expended and reported to CITY,
ENtITY 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
§351.101(c), social media and/or digital marketing expenditures require invoices to be provided and
shall include performance measures, and (3) a copy of all financial records (e.g., copies ofBont andback of 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. ENTITY 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. E]VFITY shall give the City Manager of CITY, or designate,
reasonable advance written notice of the time and place of all meetings of ENTITY’s Board of
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Directors, as well as any other meeting of any constituency of ENTITY, at which this Agreement or
any matter subject to this Agreement shall be considered.
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 3 1, 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 ENTITY for any contractual obligations of ENTITY undertaken by ENTITY
in satisfactory performance of those activities specified in qq2.1 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 exceeding the fUll term of this Agreement.
Notwithstanding any provision hereof to the contrary, the obligation of CITY to reimburse
ENTITY, or to assume the performance of any contractual obligations of ENTITY, for or underany contract entered into by ENTITY as contemplated herein, shall not exceed 66 2/3% of the
current quarterly payment.
(c) Further, upon termination pursuant to q4.2(a), ENTITY 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 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
Tax Code, and is within the current contractual period approved budget; the budget will be
considered approved; 2) within thirty (30) days, a fall accounting af all expenditures not
previously audited by CITY; 3) within five (5) business days of a request hom 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. ENTITY will be obligated to return anyunused fim(is, or funds determined to be used improperly. Any use of remaining funds by
ENTITY 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 ql2.1 and 2.2 above, and further conditioned upon such contractual obligations
having a term not exceeding the full term of this Agreement.
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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 ENTITY;
(b) The insolvency of ENTITY, the filing of a petition in bankruptcy, either voluntarily or
involuntarily, or an assignment by ENTITY for the benefit of creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement by
either CITY or ENTITY 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 ENTITY 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 jl.3 hereof.
4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provisionof 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 lq4.3 or 4.4, ENTITY 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.
V. GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by EIVFITY with another private entity, person, or organi-
zation for the performance of those services described in q2.1 above. In the event that E]VFITY
enters into any arrangement, contractual or otherwise, with such other entity, person or organization,
EIVFIW 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. ENTITY 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
CITY. ENTITY shall have exclusive control of its operations and performance of services
hereunder, and such persons, entities, or organizations performing the same, and ENTITY shall be
solely responsible for the acts and omissions of its directors, officers, employees, agents, and
subcontractors. EIVFITY shall not be considered a partner or joint venturer with CITY, nor shall
ENTITY be considered, nor in any manner hold itself out as, an agent or official representative ofCITY
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5.3 Indemnification. ENTITY AGREES TO INDEMNIFY, HOLD HARIVILESS, ANDDEFEND CITY, ITS OFFICERS, AGENTS, AND E&WLOYEES FROM AND AGAUVSTANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITYOF WHATEVER KIND OR CIIARACTER, ARISUVG OUT OF OR IN CONNECTIONWITH THE PERFORMANCE BY ENTITY OF THOSE SERVICES CONTEMPLATED
BY THIS AGREEMENT, UVCLUDING ALL SUCH CLAMS OR CAUSES OF ACTIONBASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, INWHOLE OR UV PART, UPON ALLEGATIONS OF NEGLIGENT OR DqTENTIONALACTS OF ENTITY, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS,LICENSEES AND INVITEES.
5.4 Assignment. ENTITY shall not assign this Agreement without first obtaining the writtenconsent of 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, returb receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CITY ENTITY
City ManagerCITY OF DENTON
215 E. McKinney
Denton, TX 76201
DirectorDENTON DAY OF
FESTIVAL, INC.
425 Northridge StreetDenton, TX 76201
THE DEAD
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 ENTITY 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,
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.
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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 despiteany such invalidity.
5.12 Insurance. ENTITY shall provide insurance as follows:
1.
2.
$ 1,000,000 Commercial General Liability, or $1,000,000 Event Insurance, coveringall 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), andproof of coverage shall be submitted prior to any payment by the CITY.
EXECUTED this 10th day of 3anuarY 2023
THE CITY OF DENTON, TEXAS
SARA HENSLEY,CITY MANAGER
DENrON DAY OF THE DEAD FESTIVALINC.
DirectorATTEST:
ROSA RIOS, CITY SECRETARY
DocuSigned by
Ra+4RbtBy:
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DocuSign Envelope ID: EA83F582-398544CA-AD01-9B813185C7B4
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEYr&."
SIGNATURE
By:
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational obligations andbusiness terms.
Cassandra OgdenPRINTED NAME
Chief Financial OfficerTITLE
FinanceDEPARTMENT
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DocuSign Envelope ID: EA83F582-398544CA-AD01-9B813185C7B4
Exhibit A
Denton's Day of the Dead Festival
Denton's Day of the Dead Festival
Budget 2023
Advertising
Internet/ S Marketing $ 5,000
subtota I $ 5,000
Art
Talent
(musicians/performers)$ 10,000
Big Top Circus Tent
Sound/Lights
Festival Tents
2500 Units of Bike Rack
spider Boxes TBP50P
Spider box 200AMP
feeder
(2) 200AMP Quad boxes
(4) 5000Watt Generators
(1) 36KW DieselGenerator
(1) 56KW DieselGenerator
(14) Event Portalets
(4)ADA Event Portalets
Medium Carnival Ride
$ 17,000
$ 5,000
$ 5,200
$ 2,000
$ 540
$ 145
$ 240
$ 330
$ 176
$ 275
$ 1,260
$ 800
$ 2,034
subtota I $ 45,000
$ 50,000Total Budget
Day of the Dead HOT Funds, PY2023 - Page 10
DocuSign
Certificate Of Completion
Envelope Id: EA83F582398544CAAD019B813185C7B4
Subject: Complete with DocuSign: Agreement - Day of the Dead PY23.pdf
Status: Completed
Source Envelope
Document Pages: 10
Certificate Pages: 5
Signatures: 5
Initials: 0 Envelope Originator:Daniel Jones
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Daniel.Jones@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
12/1 3/2022 9:48:04 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 9:49:16 AM
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Signed: 12/1 3/2022 9:51 :48 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
David Pierce
deepearsmusic@gmail.com
Security Level: Email, Account Authentication(None)
Sent: 12/1 3/2022 9:51 :51 AM
Viewed: 12/1 3/2022 10:03:02 AM
Signed: 12/1 3/2022 10:30:46 AM
Signature Adoption: Drawn on Device
Using IP Address: 47.186.192.111
Electronic Record and Signature Disclosure:Accepted: 12/1 3/2022 10:03:02 AMID: 01 leebae-491d-4ef9-99e4-3d101d6fc669
Amanda Brown
Amanda.Brown@cityofdenton.com
Security Level: Email, Account Authentication(None)
Sent: 1/4/2023 9:41 :44 AM
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Signed: 1/4/2023 10:52:17 AM
Signature Adoption: Drawn on Device
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 1/4/2023 10:51 :02 AMID: ee46f2d6-8143-46d8-a45f-26a197bbe0 1 b
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
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Resent: 1/4/2023 10:52:19 AM
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Signed: 1/1 1/2023 10:20:26 AMUsing IP Address: 198.49.140.104
Signer Events
Sara Hensley
Sara.Hensley@cityofdenton.com
City Manager
City of Denton
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Signed: 1/11/2023 10:24:33 AM
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Electronic Record and Signature Disclosure;Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication(None)
'DocuSlgned by:
I Ran R&%
.IC5CA8CSEI 75493
Sent: 1/1 1/2023 10:24:37 AM
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Electronic Record and Signature Disclosure:Accepted: 1/1 1/2023 11 :41 :53 AMID: 529235a2-83b14c34-87bl-882ff0624c98
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City Secretary
citysecretary@cityofdenton.com
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Certified Delivered
Signing Complete
Completed
Status Timestamps
12/1 3/2022 9:49: 16 AM
1/4/2023 9:41 :43 AM
1/4/2023 9:41 :43 AM
1/4/2023 9:41 :43 AM
1/4/2023 9:41 :43 AM
1/4/2023 9:41 :43 AM
1/1 1/2023 11 :41 :53 AM
1/1 1/2023 1 1 :42:05 AM
1/1 1/2023 1 1 :42:08 AM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Security Checked
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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: David Pierce, Amanda Brown, 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..
Required hardware and software
rating Systems0
Browsers (for SENDERS)
Browsers (for SIGNERS)
r
e
lternet Explorer 6.0?, Mozilla FireFox 1.0NetScape 7.2 (or above
Mess to a valid email accountRbEmail
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.