HomeMy WebLinkAboutContract 55300 CSC No.55300
FORT WORTH
CITY OF FORT WORTH
LEASE AGREEMENT ADDENDUM
This LEASE AGREEMENT ADDENDUM ("Agreement") is entered into by and between
Marquee Event Rentals ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule
municipality.
The Agreement includes the following documents which shall be construed in the order of
precedence in which they are listed:
1. This Agreement;
2. Exhibit A — Vendor's Quote, Scope of Services, and Vendor's Terms and
Conditions;
3. Exhibit B—Conflict of Interest Questionnaire.
Exhibits A and B, which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes. Vendor agrees to provide City with the services and goods
included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase
Agreement, including all exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance
with the provisions of this Agreement. Total payment made under this Agreement for the first year
by City shall be in an amount up to Three Hundred, Fifty Thousand Dollars ($350,000.00).
Vendor shall not provide any additional items or services or bill for expenses incurred for City not
specified by this Agreement unless City requests and approves in writing the additional costs for
such services. City shall not be liable for any additional expenses of Vendor not specified by this
Agreement unless City first approves such expenses in writing.
Vendor agrees that City shall, until the expiration of three (3) years after final payment
under this Agreement, or the final conclusion of any audit commenced during the said three years,
have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Vendor
involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that
City shall have access during normal working hours to all necessary Vendor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Vendor reasonable advance notice of intended audits.
In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed
that all obligations of City hereunder are subject to the availability of funds. If such funds are not
appropriated or become unavailable, City shall have the right to terminate the Agreement except
for those portions of funds which have been appropriated prior to termination.
The City is a governmental entity under the laws of the state of Texas and pursuant to
Chapter 2259 of the Texas Government Code, entitled"Self-Insurance by Governmental Units,"
OFFICIAL RECORD
CITY SECRETARY
CITY OF FORT WORTH/MARQUEE EVENT RENTALS LEASE AGREEMENT FT. WORTH, TX
is self-insured and therefore is not required to purchase insurance. To the extent the Agreement
requires City to purchase insurance, City objects to any such provision, the parties agree that any
such requirement shall be null and void and is hereby deleted from the Agreement and shall have
no force or effect. City will provide a letter of self-insured status if requested by Vendor.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or(3)received by the other party by United States Mail,registered,return receipt
requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Marquee Event Rentals
Attn: Valerie Washington, Michael Lane
Assistant City Manager General Manager
200 Texas Street 3200 Belmeade Drive
Fort Worth, TX 76102-6314 Carrollton, TX 75006
Facsimile: (817) 392-8654 Facsimile: 972-381-8001
With copy to Fort Worth City Attorney's
Office at same address
[SIGNATURE PAGE FOLLOWS]
CITY OF FORT WORTH/MARQUEE EVENT RENTALS-LEASE AGREEMENT
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
Executed effective as of the date signed by the Assistant City Manager below.
City: Vendor:
Valerie WAshin4on
By: valeriewashington(Feb 1 ,202111:05CST) By: Michael Lane(Feb 9,202111:00CST)
Name: Valerie Washington Name: Michael Lane
Title: Assistant City Manager Title: General Manager
Date: Feb 12, 2021 Date: Feb 9,2021
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: J s Davis(Feb 9,2021 11:44 CST) of this contract,including ensuring all
Name: James E.Davis performance and reporting requirements.
Title: Fire Chief
9arsfay C.-X
By: Justin Cox(Feb 9,20211137 CST)
Approved as to Form and Legality: Name: Justin Cox
Title: Grants Manager
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By: O�°°°°0°°°O4OY
Name: Taylor Paris City Secretary: o °°Sf
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Title: Assistant City Attorney P.v° °
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for Ronald P.Gonzales(Feb 12,202111:31 CST) 000000000 d
Contract Authorization: Name: Mary Kayser ���nEXA5�4p
M&C: N/A Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CITY OF FORT WORTH/MARQUEE EVENT RENTALS LEASE AGREEMENT
EXHIBIT B
Marquee- Dallas
3200 Belmeade Drive
Carrollton, Tx 75006
MAR 0__ UEE (972)381-8000 Fax(972)381-8001
EVENT RENTALS
Rented To: Delivery Location: Loc150 Ticket#
CITY OF FORT WORTH[CA-219810] FARRINGTON FIELD Bid#2280520-6
200 TEXAS ST 1501 UNIVERSITY DR
FT WORTH TX 76102 FT. WORTH TX 76107
TIFFANY B
PO/Job#COVID DRIVE THRU IIIIIIII IIIIIIIII IIIIIIIIIIIII 111111
Ordered by: DEVON SPENCER Delivery/Out: 02/08/21 Mon 8A-5P TBE
Phone: Set by: 02/08/21
Event: 02/08/21 Mon
Pick-uplin: 02/28/21 Sun 8A-5P TBE
PROPOSAL - MUST BE SIGNED AND RETURNED
Qty Item Description Unit Rate Discount Total Disc Total Cost
mondy rate
contact:
Devon Spencer: 940-208-6017
..........................Bid for Review******************»»..»»***
This bid is good for 10 days. Inventory has not been committed for
this order, and is subject to change to prior confirmed orders.
......................................................................
The Marquee Event Rentals Team is ready to assist you:
Tiffany Bell: 214-458-0178
Emergency After Hours: 972-381-8000#2
......................................................................
-TENT
4 4Q81 TENT(SEA.MAXI)40'X75'Xl0'GABLE UW 4749.53 -474.95 -1899.81 17098.29
40'sides walled
16 90FF SIDEWALL 10'X20'WHITE KED-SLIDE 75.00 -7.50 -120.00 1080.00
2 ZZ70 1OX20 TENT 525.00 -52.50 -105.00 945.00
10'sides and one 20'walled
4 97FQ (AZT)SIDEWALL 8' HX20'W U/W 42.53 -4.25 -17.01 153.09
MON-FRI 8AM-5PM
REMIT: 3200 BELMEADE DR.
SUITE 130
CARROLLTON, TEXAS 75006
02/08/21 09:13:03 Page 1
CITY OF FORT WORTH/MARQUEE EVENT RENTALS—LEASE AGREEMENT
EXHIBIT B
Marquee- Dallas
3200 Belmeade Drive
Carrollton, Tx 75006
MAR 0__ UEE (972)381-8000 Fax(972)381-8001
EVENT RENTALS
Rented To: Delivery Location: Loc150 Ticket#
CITY OF FORT WORTH[CA-219810] FARRINGTON FIELD Bid#2280520-6
200 TEXAS ST 1501 UNIVERSITY DR
FT WORTH TX 76102 FT. WORTH TX 76107
TIFFANY B
PO/Job#COVID DRIVE THRU IIIIIIII IIIIIIIII IIIIIIIIIIIII 111111
Ordered by: DEVON SPENCER Delivery/Out: 02/08/21 Mon 8A-5P TBE
Phone: Set by: 02/08/21
Event: 02/08/21 Mon
Pick-uplin: 02/28/21 Sun 8A-5P TBE
PROPOSAL - MUST BE SIGNED AND RETURNED
Qty Item Description Unit Rate Discount Total Disc Total Cost
4 97CH TENT SAFETY PACKAGE. 75.86 -7.59 -30.34 273.08
4 97CG FIRE EXTINGUISHER 0.00
8 97AD SIGN "NO SMOKING" 0.00
8 97EY SIGN EXIT BASIC 8.48 -0.85 -6.78 61.02
-TABLES
57 7228 TABLE 6'X18"CONFERENCE 17.85 -1.79 -101.75 915.70
1 FTW FORT WORTH DEL/PU 110.00 110.00
**************************Payment Terms"""""""""""""""""""""""""""
Reservations require 50%non-refundable deposit with balance due 1
week prior to delivery. Thank You, Marquee Event Rentals Management
"After deposit is made, 50%is non-refundable if order is cancelled.
If canceled within 2 weeks of event, 100%is non-refundable"
""'"Tents are limited: Tent deposits are non-refundable."""
""""""""""""""""""""""""Credit Card on
Must have credit card on file. This authorizes Marquee Event Rentals
to charge the credit card for the total of your order, as well as any
damages and/or missing rental items after the event date.
MON-FRI 8AM-5PM
REMIT: 3200 BELMEADE DR.
SUITE 130
CARROLLTON, TEXAS 75006
02/08/21 09:13:03 Page 2
CITY OF FORT WORTH/MARQUEE EVENT RENTALS—LEASE AGREEMENT
EXHIBIT B
Marquee- Dallas
3200 Belmeade Drive
Carrollton, Tx 75006
MAR 0__ UEE (972)381-8000 Fax(972)381-8001
EVENT RENTALS
Rented To: Delivery Location: Loc150 Ticket#
CITY OF FORT WORTH[CA-219810] FARRINGTON FIELD Bid#2280520-6
200 TEXAS ST 1501 UNIVERSITY DR
FT WORTH TX 76102 FT. WORTH TX 76107
TIFFANY B
PO/Job#COVID DRIVE THRU IIIIIIII IIIIIIIII IIIIIIIIIIIII 111111
Ordered by: DEVON SPENCER Delivery/Out: 02/08/21 Mon 8A-5P TBE
Phone: Set by: 02/08/21
Event: 02/08/21 Mon
Pick-up/in: 02/28/21 Sun 8A-5P TBE
PROPOSAL - MUST BE SIGNED AND RETURNED
Qty Item Description Unit Rate Discount Total Disc Total Cost
************************Changes/Additions*************************
Change and additions are due no later than 12pm, 3 business days prior
to delivery(or pickup for Will Call orders). All changes received
within 48 hours of the delivery(or pickup for Will Call orders)are
subject to additional rental Et labor fees.
***********************Tent Orders*********************************
Tent orders cancelled within 7 days prior to the install are subject
to a 100%cancellation fee. Tent orders cancelled within 30 days of
the install date, but 8 days before the install date are subject to a
50%cancellation fee.
----- Payments ------
MON-FRI 8AM-5PM ***Total Reflects a $2280.69 Discount***
REMIT: 3200 BELMEADE DR.
SUITE 130 Rentals 20,526.18
CARROLLTON, TEXAS 75006 Sales 0.00
Delivery/Other 110.00
Damage Protection 2,463.14
Env. Charges 307.89
Sales Tax 0.00
Total 23,407.21
Valerie wash/n 0n
Customer Signature:Valerie Washington(Febl,2 22111:..1C ) Total Paid 0.00
02/08/21 09:13:03 Page 3 Amount Due 23,407.21
CITY OF FORT WORTH/MARQUEE EVENT RENTALS—LEASE AGREEMENT
EXHIBIT B
For good and valuable consideration,you and Marquee Event Group,Inc.,a Delaware corporation,d/bla MERCHANTABILITY, SUITABILITY. FITNESS FOR A PARTICULAR PURPOSE. FUNCTION,
"Marquee Event Rentals"(hereinafter,"MER,""we,""us"and"our)agree as follows: DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR GOOD AND
1. As used herein,"P.1"refers to the first page or"face"of this Contract;"Rented Item(s)"or"Items"means WORKMANLIKE PERFORMANCE, AND ANY AND ALL WARRANTY(IES)ARISING FROM ANY
the items rented to you,as identified on P.1 (including any"Instructions"referenced in Section[or"§")5 COURSE OF DEALING,COURSE OF PERFORMANCE OR USAGE OF TRADE)REGARDING ANY
below);"Customer,""Lessee,"you"and"your"mean the customer or"Lessee"identified on P.1;and"Site" ITEM(S)OR SERVICE(S)PROVIDED BY OR AT THE DIRECTION OF MER AND/OR ANY TPO,
means the address set forth on P.1 where the Item(s)will be delivered and/or used. NOR DOES MER OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCE OR
2. You agree to rent the Rented Item(s)from MER for the period(s)specified on P.1(the"Term',and to INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS. SPECIFICATIONS,
pay our stated Rental rate(s) (the "Rent"), together with all other charges accruing hereunder, without DEPICTIONS,OR ADVERTISEMENTS MADE OR ACCEPTED BY MER OR ANY TPO CONSTITUTE
proration,reduction or setoff,and assume all responsibility for lass and damage to such Item(s),until all REPRESENTATIONS OR WARRANTIES BY MER OR ANY SUCH TPO.
Rented Item(s)is/are returned to and accented by MER in the return condition required under this Contract
(including§ 13).Unless otherwise specifically agreed by MER,all rental rates are for normal use of the 12. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,YOU:(A)ASSUME
Rented Item(s)on a single-event basis during the Term.Additional amounts will be due for late returns, ALL RISK OF PERSONAL AND BODILY INJURY,LOSS, PROPERTY DAMAGE, DESTRUCTION
misuse and abuse.The Rent will not be reduced for weather events,time in transit or any other period of AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH THIS CONTRACT
nonuse.We have estimated the Rent based on your estimate of the length of the Term(the"Estimated Rent").You agree:(a)to pay MER: any deposit specified P.1(or if not specified,100%of the Estimated AND/OR THE ITEM
ated Rent) LIMITATION, ALL S (S
upon making your reservationn with MER;(ii)the remainder of the Estimated Rent not later than 30 days prior LIABILITIES, CLAIMS,AND/OR SERVICE(S) HEREIN, INCLUDING WITHOUTAMAGES, LOSSES, COSTS AND EXPENSES
to commencement of the Term(together with the deposit,the"Prepayment");and(iii)any additional amounts (INCLUDING ATTORNEYS' FEES) ARISING FROM AND/OR IN CONNECTION WITH THE
coming due hereunder upon our demand;and(b)that:(1)we may deduct any amount you owe us from any SELECTION,PROVISION,INSPECTION,DESIGN,MANUFACTURE,USE,LOADING,UNLOADING,
Prepayment;(ii)no interest will accrue on any Prepayment;(iii)no Prepayment will be deemed a limit of your TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR,
liability to MER; and (iv) all Prepayments are NON-REFUNDABLE unless otherwise agreed by MER. DELIVERY, INSTALLATION AND/OR RETRIEVAL OF SUCH ITEM(S) AND/OR SERVICE(S),
Anything remaining with,in or on any Rented Item(s)upon return will,at our option,be deemed abandoned. WHETHER OR NOT YOUR FAULT(COLLECTIVELY,"RISKS');(B)RELEASE AND DISCHARGE,
3. Except with respect to Items MER rents from one or more third parties(each,a'(PO")and then re-rents AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, MER, EACH TPO, and their
to you("Re-Rented Items'),MER alone owns and will retain file to all Rented Items.You will have exclusive respective owners,members,managers,officers,directors,agents,employees,insurers,subrogees,
control over the Rented Item(s)during the Term,subject however,to your obligation to fully and timely honor representatives,successors and assigns(each,an"Indemnitee'),for,from and against:(i)all such
and comply with this Contract at all times during the Tenn.You SHALL NOT:(a)grant,suffer or permit the
taking or existence of any lien,claim,security interest or encumbrance on any Rented Item;or(b)transfer. RISKS;and(ii)any breach of this Contract by you,your agents and/or employees;and except only as
sublease,license,store,repair,surrender possession of,encumber or assign any Rented Item(s)or specifically provided in § 6; C( ) WAIVE all rights and remedies available under the Uniform
this Contract without MER's prior written consent(in our sole discretion).MER may sell and/or assign all or Commercial Cade,as well as all direct,indirect,incidental,consequential,general,special,exemplary
any part of its interests in the Item(s)and/or this Contract,in which event,you will attom to the assignee,who and punitive damages,against each and every Indemnitee.
will not be responsible for any pre-existing obligations or liabilities of MER. 13. You agree to:(a)protect all Rented Item(s)at all times;(b)keep them safely and securely stored out of
4. You will ensure the Site is reasonably clean,safe,secure,flat,dry and otherwise fit for delivery and use the elements and lacked when not in use;and(c)return them to MER on time at the and of the Term,rinsed
of the Rented Item(s).If we agree to provide any services(including delivery,installation and/or retrieval),you clean,complete,undamaged,free of bums,stains,dirt and debris,and otherwise in good order,condition and
will:(a)pay our stated charge(s)for the same;(b)be present(or ensure your representative is present)at the repair.If you fail to comply with this§13,then in addition to the amounts set forth on P.1 and/or elsewhere in
Site at the agreed time(s);and(c)ensure our representatives have full access to the Site at all times.MER will this Contract,you agree to pay us:(1)Rent for each succeeding full rental period until all Rented Item(s)are
not be responsible for any delay(s)caused by other parties,including any providers of other goods or services returned or replaced as required herein;and(ii)all costs and expenses we incur in connection with such
("Other Providers")for which you agree to indemnify,defend and hold harmless MER(including all waiting failure, including cleaning, servicing, repairing and/or replacing the subject Rented Item(s) (at full new
time). If you are not present upon delivery or retrieval of the Rented Item(s),you agree to accept the replacement cost).Certain Item(s)may be delivered on pallets,or in crates,cartons or boxes,and may be
statements of MER's representatives regarding the same(including the status, location(s),condition and stacked,bagged,racked,folded,rolled and/or strapped("Packed").Upon return to us,you will ensure that all
quantities of the Item(s)and the Site). Rented Items are properly Packed and free of mold,mildew and discoloration.YOU AGREE NOT TO PACK
5. Upon your execution of this Contract(and upon any later delivery to or receipt by you of the Rented ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY.PACKING WET OR DAMP RENTED ITEMS MAY
Item(s),unless you immediately reject it/them),you represent,warrant,acknowledge and agree that:(a)each RESULT IN MOLD,MILDEW AND/OR OTHER DAMAGE,FOR WHICH YOU WILL BE LIABLE.
of such Item(s):(1)has been carefully selected,examined,counted and tested by you;(ii)is complete and in 14. Your duties hereunder are unconditional. If you:(a)fail to fully and timely honor, pay, perform or
good repair and operating condition,free of defects,and otherwise in all ways acceptable to you;and(iii)is comply with this Contract and/or any of your obligations arising hereunder; (b) provide any incorrect or
appropriate for your purposes,not based on any recommendation by MER;and:(b)you:(1)have received, misleading information to MER;(c)become insolvent;or(d)die or cease conducting business,or if any
read and understand all training,instructions,warnings,user manuals,maintenance requirements,and other Rented Item(s)shall be lost or damaged(unless covered by LDW as provided in§15),you will be in default
information,if any(including without limitation,any and all applicable Fire and Building Codes,EPA.OSHA, under this Contract,whereupon,we may,with or without legal process or notice(and without liability to you),
ANSI.ASME,IEEE,IBC,IFC.NFPA and SAIA Standards)pertaining to the Rented Item(s)(or any of them) to the maximum extent permitted under applicable law:(1)terminate your rental(s);(ii)seek relief from stay;
(collectively, 'Instructions'); (ii) will fully comply therewith; (iii) have been offered all applicable safety (iii)recover,empty,lock,restrict access to,disassemble and/or disable any Rented Item(s)without being
equipment; (iv)will advise the appropriate Utilities Protection Service, mark all underground utilities and guilty of breach,trespass or wrongful interference,or liable for any injury(ies)and/or damage(s)(for which you
cables See 8,and timely obtain all applicable licenses,authorizations,permits and approvals as well as agree to indemnify,defend and hold harmless MER,its employees,agents and contractors);(iv)perform your
the consent of the owner(s)of the Site in advance of the Term;(v)will not permit the use or storage of fire obligations hereunder on your behalf,without being obligated to do so;(v)purchase replacement Item(s);(vi)
sources,open stoves or flammables inside of or unreasonably close to any Rented Item;(vi)will immediately recover from you our associated direct and indirect damages,lasses,costs and expenses(including Rent for
cease using any Rented Item that breaks down,malfunctions or proves defective(a"Malfunction");(vii)will the remainder of the Term,interest,attorneys'fees and collection costs);and/or(vii)pursue any other rights
ensure that adequate and proper power,heating and lighting are provided to and for the benefit of all Rented and/or remedies available hereunder,at law and/or in equity,all of which shall be cumulative.
Item(s)at all times;and(viii)will cause all others to fully and timely comply with this Contract at all times.
6. In the event of a Malfunction(as defined in§5),you will immediately cease using and evacuate the 15. If and only ff,we have offered,and you have elected to purchase the OPTIONAL LIMITED DAMAGE
Malfunctioning Item and notify us.Provided the Malfunction did not result from the wrongful or negligent act or WAIVER("LDW')(set forth on P.1 IF AVAILABLE) and paid the non-refundable LDW Fee referenced
omission,or any breach of this Contract,by you or any person(s)you permit to use,occupy or otherwise deal therein prior to commencement of the Term,your liability to MER for physical damage to the Item(s)covered
with any one or more of the Item(s),we will,at our option:(a)repair the Malfunctioning Item;(b)provide you by LDW will be limited as set forth in our form of Damage Waiver Guide and Addendum,a copy of which you
with a comparable replacement;or(c)with respect solely to such Malfunctioning Item,return the unused acknowledge receiving and carefully reviewing.LDW is OPTIONAL and may be declined if you provide the
portion of the Rent and cancel this Contract.The foregoing remedies are EXCLUSIVE.We will have no other property damage insurance referenced in§9. LDW IS NOT INSURANCE.NOR IS IT A WARRANTY.
obligations regarding Malfunctions, all of which you waive, together with all associated direct, indirect, 16. This Contract,together with any addenda we provide(including our Temporary Structures Addendum,
incidental,consequential,general,special,exemplary and punitive damages. Damage Waiver Guide and Rental Policies),each of which is incorporated herein,represent(s)the entire
7. AT ALL TIMES DURING THE TERM,YOU WILL ENSURE THAT:(a)each Rented Item is used safely agreement between you and MER,superseding all other agreements and representations,including without
and on .(1)for its intended purpose(s);(ii)within its rated capacity;(iii)at the Site;and(iv)otherwise in full limitation our website and advertising.The terms of this Contract are severable.If any of the term(s)hereof
compliance with this Contract(including§§5 through 10);and(b)ALL CHILDREN USING OR OCCUPYING shall be deemed invalid or unenforceable by any court of competent jurisdiction,such term(s)will be deleted,
ANY RENTED ITEM(S)ARE SUPERVISED BY A COMPETENT ADULT AT ALL TIMES.You will not,nor and the remainder of this Contract will remain valid and enforceable.This Contract cannot be further amended
will you permit anyone else to:(A)abuse,misuse,overuse,move,remove from the Site,reposition,conceal, or extended except in a writing signed by MER.If any legal action is commenced in connection with this
repair,modify,damage or destroy any Rented Item(s);(B)expose any Rented Item(s)to any harmful or Contract and/or the subject matter hereof,MER will be entitled to recover its associated costs and expenses
hazardous substances or circumstances;(C)violate any applicable law,rule,regulation,policy of insurance or (including its attorneys'fees and expenses)from you if MER prevails.You acknowledge that:(a)this Contract:
warranty;or(D)take possession of or exercise control over any Rented Item(s)without the prior written (1)is fair and reasonable;(ii)shall be enforceable only by you,Marquee Event Group,Inc.,the other Indem-
consent of MER(granted,conditioned or withheld in our sole and absolute discretion). nitres,and their respective permitted successors and assigns;and(b)shall be governed by and interpreted
8. In Illinois,you must provide notice to all owners and operators of underground utilities or CATS facili- under the laws of(and proper venue for all civil legal proceedings commenced in connection with this Contract
ties as required under the Illinois Underground Utility Facility Damage Prevention Act,220 ILCS 50-1,at seq. shall lie solely in the federal,state and local courts located in or nearest to)the state and county in which the
as amended,the"Act". For line locations,call 811 and in Illinois,call JULIE at 1.800-892-0123 and o to MER facility from which you obtained the Item(s)is located(unless waived by MER).You consent and submit
(as
at least 3 full business days prior to digging or disturbing the ground surface. thereto and waive all claims that such venue lies in an inconvenient forum.Digital,electronic,photocopied and
9. You agree to maintain all INSURANCE we may require in connection herewith,including commercial facsimiled signatures and initials appearing on this Contract and/or any addenda will be deemed originals.
general and host liquor ('dram-shopl liability insurance, each with minimum limits of$1,000,000 per 17. Time is of the essence.We may,without notice or liability to you,monitor and/or inspect any ltem(s)at
occurrence, and property damage/Inland marine insurance covering all Rented Items for the full (new) any time.If any performance required of us is impaired as a result of any act or omission of/by you,your
replacement cost thereof:(a)naming MER as an additional insured and lass payee;(b)waiving subrogation agents or employees,any Other Provider(s)or any"Act of God"(e.g.,any event,fact or circumstance beyond
against us;(c)being primary and non-contributory;and(d)including a severability of interest clause and such our reasonable control),we will be excused from such performance.You waive the benefits of all statutes of
other provisions(including deductibles)as we may require.You irrevocably appoint MER as your agent and limitations regarding our rights and remedies.You grant to MER and each TPO a perpetual,paid-up,royalty-
attorney-in-fact for purposes of submitting and negotiating claims and payments on all such policies. free license to edit,distribute,display and copy all audio and visual representations which include any of the
Item(s).All amounts due from you hereunder but not timely paid will bear interest at the highest rate permitted
10. WARNING:TENTS,CANOPIES,STAGES AND FLOORS("TEMPORARY STRUCTURES"), under applicable law until paid.You agree to pay us the maximum lawful charge for any check you write which
AND ITEMS USED FOR COOKING AND/OR HEATING CAN BE DANGEROUS AND MAY MOVE, is returned unpaid.Our maximum liability to you in connection with this Contract is limited to the amount(s)
SHIFT,TIP,COLLAPSE,LEAK,OVERTURN OR CATCH FIRE,PARTICULARLY DURING SEVERE actually paid by you to us under this Contract.These Terms and Conditions apply to all Item(s)identified on
WEATHER(e.g.,heavy rain,snow,sleet,hail and winds over 25 mph).You agree to:(a)conspicuously post P.1,and to all other Items you obtain from MER at any time(except only as we otherwise agree in writing).
an OSHA-compliant EVACUATION PLAN on or near each Temporary Structure;and(b)if hazardous weather You agree to pay all taxes(including sales,use,equipment,inventory,bulk transfer,value added,and other
occurs or threatens:(1)DISCONTINUE USING AND EVACUATE such Item(s);(ii)notify us of the same as taxes),fines,fees,tolls,duties,assessments and other charges related to each Item and/or the transactions
soon as possible;(iii)take all necessary steps to:(A)ensure the safety of all occupants and their property; referenced in this Contract.Neither our exercise,nor our failure or delay in the exercise,of any rights or
B protect all Rented Items; and iv PERMIT US IN OUR SOLE DISCRETION, TO POSTPONE remedies will constitute an election of remedies or a waiver of any right or remedy we may have.You
and
( ) ( ) authorize us to submit all amounts coming due under this Contract to any debit or credit card(s)you provide.
DELIVERY AND/OR INSTALLATION OF,AND/OR DISMANTLE,STORE AND/OR RETRIEVE ANY OR ALL
OF SUCH ITEM(S)(without obligating us to do so). 18. WARNING: Wrongfully obtaining property of another(e.g.,by threat or deception,or without the
S, consent of the owner),and/or failure to timely return rented property,may be deemed THEFT,resulting in
11. MER IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE RENTED ITEM(S), CIVIL LIABILITY and/or CRIMINAL PROSECUTION. In Illinois, see 720 ILCS 5/16-1, 16-3 and 17; in
ALL OF WHICH ARE PROVIDED "AS-IS". NEITHER MER NOR ANY TPO, MAKES ANY Kansas,see KSA§5803 at seq.;in Georgia,see OGCA,§§16-8-2-5,at seq.;and In Texas,see Texas
WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF Penal Code§31.04,at seq.(and their respective successor provisions,if any)for details.
CITY OF FORT WORTH/MARQUEE EVENT RENTALS—LEASE AGREEMENT
EXHIBIT C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICELISEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a)
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1). Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code.An
offense under this section is a misdemeanor
1 Name of vendor who has a business relationship with local governmental entity.
2
D Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4J Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes F-1 No
B. Is the vendor receiving or likely to receive taxable income,other than investment income.from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes No
51 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
6
Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
"2 aabZ l
bigriaturp P t vendor dow es the governmental entity Date
It
Form provided by Texas Ethics Commi ton www.ethics.state.tx us Revised 11,30,,2015
CITY OF FORT WORTH/MARQUEE EVENT RENTALS—LEASE AGREEMENT
EXHIBIT C
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG176.htm. For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
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(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§ 176.006(a)and(a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www ethics.slate tx.us Revised 11.30;2015
CITY OF FORT WORTH/MARQUEE EVENT RENTALS—LEASE AGREEMENT