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50-07 ResolutionRECORD OF RESOLUTIONS 1 1 1 Dayton Legal Blank, Inc ,Form No 30045 50-07 Resolution No. Passed 20 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEHKU TEA COMPANY FOR THE OPERATION OF A CAFE WITHIN THE DUBLIN COMMUNITY RECREATION CENTER. WHEREAS, the City of Dublin (the "City") desires to have limited food and beverage service available at the Dublin Community Recreation Center ("DCRC"); and WHEREAS, the City desires to make available to DCRC patrons healthy food and beverage options, and to enhance the services provided at the DCRC; and WHEREAS, the TehKu Tea Company ("TehKu") is a local independent entity which possesses the requisite skill and experience necessary to furnish food and beverage service at the DCRC; and WHEREAS, earlier this year, the City and TehKu conducted a short term trial of different types of food and beverages at the DCRC; and WHEREAS, as a result of this trial, the City believes that the food and beverages offered by TehKu would enhance the services available at the DCRC and would beneficial to the visitors and guests of the DCRC. NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring, that: Section 1. As set forth above, the food and beverage service offered by the TehKu Tea Company would be beneficial to the visitors and guests of the Dublin Community Recreation Center. Section 2. The City Manager be, and hereby is, authorized to execute an Agreement substantially similar to what is attached hereto as Exhibit "A." Section 3. This Resolution shall take effect upon passage in accordance with Section 4.04a) of the Revised Charter. Passed this ~ day of , 2007. Mayor -Presiding Officer ATTEST: ~~_ Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1006 CTfY OF DUBLIN_ Phone: 614-410-4400 • Fax: 614-410-4490 TO: Members of City Council FROM: Jane S. Brautigam, City Manager DATE: June 28, 2007 INITIATED BY: Matt Earman, Director of Recreation Services RE: Resolution 50-07, TehKu Tea Company Agreement Memo Summary Attached for your consideration is Resolution 50-07, authorizing the City Manager to enter into agreement with TehKu Tea Company for operation of a food and beverage operation at the Dublin Community Recreation Center. Through staff's efforts to enhance the quality of services, offer healthy food and beverage options and better serve patrons of the DCRC, TehKu Tea Company was chosen as the preferred vendor to provide this particular service. Background As pat-t of the DCRC renovation project, the City will be responsible for roughing in the utilities for the operation and providing the opportunity for TehKu Tea Company to finish the dedicated space for operation as per the attached rendering. The food and beverage operation will be located in the "art nook" just off of the northeast hallway of the DCRC. After reviewing the results of the survey conducted at the DCRC during the week long "trial run" operation in April, public responses to TehKu Tea Company and the initiative of this concept at the DCRC were overwhelmingly positive. Recommendation Legal and Finance department staff have reviewed the agreement as to form. Staff recommends City Council approve Resolution 50-07 authorizing the City Manager to enter into agreement with the TehKu Tea Company. i CONCESSIONAIRE AGREEMENT This Agreement ("AGREEMENT") is made and entered into on June , 2007 by and between the City of Dublin, Ohio ("DUBLIN"), an Ohio Municipal Corporation, and TehKu Tea Company ("CONCESSIONAIRE"), a(n) corporation. CONCESSIONAIRE's address is 55 South High Street, Dublin, Ohio 43017. RECITALS DUBLIN desires to have food and beverage service at the Dublin Community Recreation Center (hereinafter referred to as the "DCRC"), and, CONCESSIONAIRE is an independent entity which possesses the requisite skill and experience necessary to furnish food and beverage service at the DCRC, and DUBLIN and CONCESSIONAIRE wish to make available to DCRC patrons healthy food and beverage options, and to enhance the services provided at the DCRC, and DUBLIN and CONCESSIONAIRE will promote the healthy food and beverage options at the DCRC, Therefore, the parties hereby agree as follows: I. TER11~I A. This AGREEMENT shall commence and be effective upon execution of this AGREEMENT by both parties and the commencement of sales, which is anticipated to be on September 10, 2007 (the "Effective Date"). This AGREEMENT will have an initial term of Three (3) years from the commencement of sales under this AGREEMENT. B. This AGREEMENT shall automatically renew for an additional Twelve (12) month term, up to a maximum of Two (2) additional terms, on the anniversary date of its Effective Date, unless either party notifies the other party in writing Thirty (30) days prior to that anniversary renewal date. C. Any renewals shall be subject to the terms and conditions contained herein and any additional terms and conditions that are agreed to by the parties. D. Following construction, DUBLIN shall provide CONCESSIONAIRE with a location that includes finished surfaces, i.e drywall and access to utilities. DUBLIN and CONCESSIONAIRE shall discuss the construction responsibilities of each of the Parties to this AGREEMENT. E. Upon completion of construction and DUBLIN's approval, {H0936648.2 }~ CONCESSIONAIRE shall be provided access to the location so that CONCESSIONAIRE can begin setup to commence sales. DUBLIN shall advise CONCESSIONAIRE of any changes and/or delays in the construction schedule that may delay the commencement of sales under this AGREEMENT. II. CyONC~ESSIONAIRE OBLIGATIONS/PROHIBITIONS A. CONCESSIONAIRE shall be responsible for furnishing all equipment, manpower, and other related items required to satisfy its obligations under this AGREEMENT. DUBLIN is not responsible for providing any equipment, manpower, and other related items unless specifically set forth herein. B. During the term of this AGREEMENT, CONCESSIONAIRE shall: 1. CONCESSIONAIRE, at its sole expense, shall provide all equipment that is necessary to satisfy its obligations under this AGREEMENT, including, but not limited to signs, menu boards, other advertising materials, cash register, shopping bags, triplicate receipt books, and/or credit card machine. DUBLIN, in its sole discretion, shall have final approval over all signs, menu boards, or other advertising materials. 2. CONCESSIONAIRE, at its sole expense, shall procure, supply and post in places to be designated by DUBLIN all permits and licenses necessary for operating food and beverage services at the DCRC. 3. CONCESSIONAIRE, at its sole expense, shall provide responsible and reliable staff during all hours of operation. 4. CONCESSIONAIRE and/or their staff are solely responsible for all setup and tear down of display area and products. 5. CONCESSIONAIRE and/or their staff are solely responsible for the storage of all products. DUBLIN is NOT responsible for any products left unattended or unsecured. 6. CONCESSIONAIRE shall maintain a clean and safe working environment as established under any applicable health and safety standards. C. During the term of this AGREEMENT, CONCESSIONAIRE shall be strictly prohibited fi•om: {H0936648.2 }2 1. Making alterations, changes or revamping, moving or remodeling of the DCRC, without prior written permission from DUBLIN. 2. CONCESSIONAIRE shall not make use of any DUBLIN property or service to conduct the food and beverage operation without prior approval from DUBLIN. 3. Selling and/or displaying any alcoholic beverages and/or alcohol related products. 4. Selling and/or displaying any item or product that would be inconsistent with any vendor and/or sponsorship agreement that DLIBLIN may have with any third party. Dublin shall provide CONCESSIONAIRE with a list of all current vendor and/or sponsorship agreements. In addition, DUBLIN will use its best efforts to provide CONCESSIONAIRE with prior notice of any future agreements. 5. DUBLIN is the sole and exclusive owner of all rights, title and interest in and to the City of Dublin logo. CONCESSIONAIRE is prohibited from using the City of Dublin logo without specific written approval. 6. Displaying any signs or other advertisements on the DCRC grounds without specific written approval. DUBLIN will NOT approve the use of any exterior signs on the DCRC grounds. This prohibition shall not apply to any advertising and/or signage that is part of an event sponsorship agreement with DUBLIN. 7. Accessing any areas in the DCRC not specifically authorized in this AGREEMENT. III. DUBLIN' S RESPONSIBILITIES DUBLIN shall provide: A. Sufficient space within the DCRC to conduct the food and beverage operations. CONCESSIONAIRE shall have access to all of the areas specifically noted on the map attached hereto as Exhibit "A". B. Activity schedules for the DCRC during the period of the operation for the purpose of identifying peak activity levels and potential conflicts of service. C. Trash removal services from facility trash containers and dumpster service. DUBLIN will not be responsible for uncontained trash clean-up of the immediate food and beverage operation. {H0936648.2 }3 D. Reasonable utility costs associated with the food and beverage operation, to include access to water and electricity. CONCESSIONAIRE shall be permitted to use only utilities of the nature and amount as approved by DUBLIN. Use of any additional utilities must be approved by DUBLIN prior to their use. E. Reasonable access to the refuse dumpster for normal waste that is generated by CONCESSIONAIRE at the DCRC. DUBLIN, at its sole discretion, may limit access to the refuse dumpster. F. Subject to terms and conditions contained herein, access to the DCRC. G. Limited access to the kitchen as noted herein for food preparation during scheduled times agreed to by DUBLIN. Use of any equipment within the kitchen must be approved by DUBLIN prior to its use. H. In the event that CONCESSIONAIRE obtains a food service license for a portion of the DCRC kitchen, DUBLIN shall use reasonable efforts to prohibit any third party from taking any action that would be in violation of CONCESSIONAIRE'S food service license. UTILITY SERVICES ARE PROVIDED SOLELY FOR THE CONVENIENCE OF CONCESSIONAIRE tVITHOUT WARRANTY AND/OR REPRESENTATIONS. CONCESSIONAIRE SPECIFICALLY ACKNOWLEDGES AND AGREES THAT D[1BLIN SHALL HAVE NO LL~BILITY FOR ANY CLAIMS WHATSOEVER RELATING TO THE PROVISION OF UTILITIES OR FOR ANY FAII,URF TO PROVIDE UTILITIES. IV. PAYMENT/TAPES A. In exchange for placement of a concession outlet at the DCRC, the CONCESSIONAIRE agrees to pay to DUBLIN a Concessionaire Fee ("FEE"). B. The total FEE for the first Twelve (12) month period under this AGREEMENT shall be Ten Thousand Five Hundred Dollars and Zero Cents ($10,500.00). The FEE shall be paid as follows: 1. During the first Three (3) month period the FEE shall be paid in Three (3) equal installments of Five Hundred Dollars and Zero Cents ($500.00), the first being paid upon the commencement of sales which are expected to begin on September 10, 2007; the remaining payments shall be made on the first day of each month thereafter. {H0936648.2 }4 2. The FEE for the remaining Nine (9) months of the first year shall be paid in Nine (9) equal installments of One Thousand Dollars and Zero Cents ($1,440.44) on the first day of each month thereafter. C. Upon completion of the first Twelve (12) month period, the base FEE for every additional Twelj~e (12) month period, including any extension of the original terms of this AGREEMENT, shall be increased to amount equal to One Hundred and Ten Percent (114%) of the previous base FEE to be paid by CONCESSIONAIRE to DUBLIN hereunder. The FEE for each addition Twelve (12) month term shall be subject to the same terms and conditions set forth above. D. At the conclusion of each Twelve (12) month period, CONCESSIONAIRE shall have the right to present for DUBLIN's consideration documentation showing that the FEE for the upcoming Twelve (12) month period is unreasonable in light of the sales of the previous Twelve (12) month period. DUBLIN shall review and consider any documentation provided by CONCESSIONAIRE and, in its sole discretion, may elect to adjust the FEE is accordance with the documents provided. Any such adjustment is on a year-by-year basis and shall not be used in computing the base FEE as set forth in Subsection (C) above. E. Any FEE shall be payable to DUBLIN at the address designated by DUBLIN, without demand, notice or set off. F. CONCESSIONAIRE has the following identification number for income tax purposes: - G. CONCESSIONAIRE is subject to and responsible for all applicable federal, state, and local taxes. H. CONCESSIONAIRE hereby further agrees to withhold all municipal income taxes due or payable under the provisions of Chapter 35 of the Codified Ordinances of Dublin, Ohio, for wages, salaries and commissions paid to its employees and further agrees that any of its subcontractors shall be required to agree to withhold any such municipal income taxes due under such chapter for services performed under this contract. V. RELATIONSHIP OF PARTIES A. The parties acknowledge and agree that CONCESSIONAIRE is an independent contractor and is not an agent or employee of DUBLIN. CONCESSIONAIRE has been retained by DUBLIN to provide food and beverage services at the DCRC. {H0936648.2 }J B. AGREEMENT and the attached documents are the sole and complete agreement between the parties with respect to the equipment and/or services furnished by CONCESSIONAIRE. DUBLIN and CONCESSIONAIRE are fully independent and non-affiliated entities and nothing in AGREEMENT shall be construed to constitute the relationship between CONCESSIONAIRE with DUBLIN as a partnership, association, master/servant or joint venture. VI. INDEMNIFICATION CONCESSIONAIRE AGREES TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS DUBLIN AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS FROM AND AGAINST ANY CLAIMS, COSTS (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTSI, EXPENSES, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES OR JUDGMENTS TO THE EXTENT ARISING OUT OF, OR IN CONNECTION V4~ITH, ANY CLAIM, DEMAND OR ACTION MADE, IF SUCH CyLAIMS, COSTS, EXPENSES, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES OR JUDGA~IENTS ARE DIRECTLY OR INDIRECTLY RELATED TO CONCESSIONAIRES FURNISHING OR FAILING TO FURNISH EQUIPMENT AND/OR SERVICES AS REQUIRED HEREIN. VII. INSUR.~NC`E A. CONCESSIONAIRE will provide DUBLIN with a copy of an appropriate Certificate of Insurance evidencing a comprehensive general liability policy (occurrence form) including personal injury liability, broad form property damage, operations liability, and contractual liability in an amount not less than One Million Five Hundred Thousand Dollars and No Cents (U.S. $1,544,444.44) which covers the direct and indirect acts and omissions of the CONCESSIONAIRE, its officers, agents, contractors, employees, members, or guests. DUBLIN reserves the right to require additional insurance as may be required by DUBLIN's insurance carrier. CONCESSIONAIRE's Certificate of Insurance shall be in a form acceptable to Dublin's Law Director. B. Additionally, said policies of insurance shall name DUBLIN, its elected officials, officers, employees, agents and volunteers as additional insureds for incidents arising out of any obligations under this AGREEMENT. VIII. WORIKERS' COMPENSATION CONCESSIONAIRE shall also supply DUBLIN with a copy of CONCESSIONAIRE's workers' compensation certificate, in amounts sufficient to satisfy local legal requirements, which covers its employees. {H0936648.2 }6 IX. CONDUCT/DANGER A. This AGREEMENT may be immediately terminated, without penalty, if, in DUBLIN'S sole judgment; service and/or goods provided pursuant to this AGREEMENT expose CONCESSIONAIRE, any employee of CONCESSIONAIRE, any employee of any company contracted by CONCESSIONAIRE or of DUBLIN, its officials, employees, volunteers, residents, or guests to severe property damage, bodily injury, death, or civil strife of any kind. B. The DCRC is intended to have a family atmosphere and to be appropriate for DUBLIN residents, guests and other visitors. As such, CONCESSIONAIRE and/or its employees, staff, or agent shall be prohibited from engaging in any conduct, action, gestures or language that would be inappropriate in such a setting. C. DUBLIN reserves the right to request removal of items including pictures, posters, billboards, merchandise and other items used by or worn by CONCESSIONAIRE and/or its employees, staff or agent if, in DUBLIN'S sole discretion, the material is not appropriate and/or conducive to the family atmosphere of the DCRC. Y. A. DUBLIN, has on the DCRC grounds, certain equipment, tools and other machinery that are complicated and complex in nature (collectively known as EQUIPMENT) and if used improperly, without due caution or skill, can be potentially hazardous to both the user and bystanders. CONCESSIONAIRE understands and acknowledges that such potential hazards may exist with the use of such EQUIPMENT. The use of this EQUIPMENT is intended to be strictly limited to persons who possess the appropriate knowledge and training to properly and safely operate the EQUIPMENT. In the event that CONCESSIONAIRE, its employees, agents, staff or volunteers use such EQUIPMENT, CONCESSIONAIRE acknowledges that it (or its employees, agents, staff or volunteers) possesses the appropriate knowledge and training to properly and safely operate the EQUIPMENT and hereby specifically shall indemnify, protect and defend DUBLIN and its elected officials, officers, employees, agents, volunteers and invitees against or from any claims, costs, expenses, damages or liabilities occurring or arising out of CONCESSIONAIRE'S (or its employees, agents, staff or volunteers) action or inaction (either direct or indirect) regarding its use or the operation of the EQUIPMENT on the DCRC grounds. Additionally, CONCESSIONAIRE acknowledges and agrees that it is solely responsible for damages that occur to the EQUIPMENT while {H0936648.2 }7 EQUIPMENT is being used and/or operated by CONCESSIONAIRE, its employees, agents, staff or volunteers. B. CONCESSIONAIRE shall be strictly prohibited from use of any tools, equipment or other machinery owned or under the control of DUBLIN on the DCRC grounds unless specifically authorized by DUBLIN. In the event that DUBLIN does authorize the use of any tools, equipment or other machinery owned or under the control of DUBLIN, DUBLIN reserves the right to require CONCESSIONAIRE, its employees and staff to attend training on the proper use of the tools, equipment or other machinery. XI. HOURS OF OPERATION/ACCESS A. Hours of operation shall be at the mutual agreement of the parties, but will commence no earlier that one (1) hour after opening of the DCRC, and end no later than one (1) hour before closing of the DCRC. Hours are subject to change at DUBLIN'S sole discretion. B. DUBLIN is not responsible for any loss of revenue resulting from planned or unplanned closure of the DCRC, or the Concessionaire's inability to operate for conditions including but not limited to inclement weather, utility outages, special events, and other conditions or occurrences beyond the control of the DCRC. C. DUBLIN shall provide access to the DCRC so that CONCESSIONAIRE can conduct the food and beverage operations. Access shall be strictly limited to the areas specifically designated by DUBLIN for food and beverage sales. In addition, CONCESSIONAIRE shall have access to the kitchen area and janitor closet. D. Attached hereto as Exhibit "A" is a map outlining the specific areas to which CONCESSIONAIRE shall have access on the DCRC grounds. DUBLIN, in its sole discretion, may amend the map thereby limiting or expanding CONCESSIONAIRE right of access to the DCRC grounds. E. Access shall only be permitted during normal hours of operation. CONCESSIONAIRE shall NOT be permitted to access the DCRC at any time when staff is not present. F. In addition, DUBLIN, in its sole discretion, reserves the right, without penalty, to prohibit access during special events, including but not limited to the Dublin Irish Festival and Spooktacular. {H0936648.2 }$ XII. PRODUCTS TO BE OFFERED FOR SALE AND EXISTING/FUTURE VENDORS A. CONCESSIONAIRE acknowledges that DUBLIN may already have entered into, and may in the future enter into, agreements with other vendors or sponsors with respect to the sale of goods and/or beverages at the DCRC. CONCESSIONAIRE hereby expressly concedes that the existence of said agreements do not and shall not constitute a breach of this AGREEMENT by DUBLIN. B. DUBLIN reserves the right to limit any products sold pursuant to this AGREEMENT. CONCESSIONAIRE shall only offer for purchase items that do not compete directly with those items offered in vending locations, including sodas and bottled water. C. In addition, CONCESSIONAIRE shall not offer for sale any item that would be contrary to any current or future sponsorship or licensing agreement that DUBLIN may already have entered into, and may in the future enter into with other vendors. DUBLIN will use its best efforts to provide CONCESSIONAIRE with prior notice of any future agreements. XIII. CATERING/SPEC'IAL EVENTS CONCESSIONAIRE shall have anon-exclusive right to provide catering and/or food service for conferences, meetings or other events at the DCRC. DUBLIN shall provide information on CONCESSIONAIRE's services and products to any person or group who reserves any room/meeting location at the DCRC. XIV. DISCRIMINATION No discrimination for reasons of race, religion, sex, age or country of national origin shall be permitted or authorized by DUBLIN and/or CONCESSIONAIRE in connection with the furnishing or equipment and/or services as required under this AGREEMENT. XV. COA~ZPLIANCE A. CONCESSIONAIRE will be solely responsible for ensuring that the equipment and/or services provided herein comply with all federal, state and local laws. Additionally, CONCESSIONAIRE agrees to comply with any applicable heath, safety and~`or fire rules and regulations. B. Nothing in AGREEMENT shall require the commission or any act contrary to any law or any rules or regulations of any union, guild, or other body having jurisdiction over the services of CONCESSIONAIRE. {H0936648.2 }9 C. Whenever there is any conflict between any provision of AGREEMENT, and new law, rule, or regulation, such law, rule or regulation shall prevail and AGREEMENT shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict. XVI. MODIFICATION OF CONTRACT A. AGREEMENT may not be changed, modified, or altered except by an instrument, in writing, that is mutually agreed to by the parties and signed in accordance with the lam-s of the State of Ohio. B. AGREEMENT and any attachments or exhibits are the sole and complete agreement between the parties with respect to the furnishing of equipment and/or services herein. XVII. ASSIGNMENT CONCESSIONAIRE shall not be entitled to assign this AGREEMENT nor any of its rights or duties hereunder without the prior express approval of DUBLIN. In the event DUBLIN does so consent, the terms of this AGREEMENT shall apply to all such assignees and no such assignment shall relieve CONCESSIONAIRE of any liability under this AGREEMENT. XVIII. CHOICE OF LAW/FORUM Any controversy or claim, whether based upon contract, statute, tort, fi•aud, misrepresentation or other legal or equitable theory, related directly or indirectly to AGREEMENT, whether between the parties, or of any of the parley's employees, agents or affiliated businesses, will be resolved under the laws of the State of Ohio, in a court of competent jurisdiction in Franklin County, Ohio. XIX. BREAC"H In the event CONCESSIONAIRE refuses or neglects to provide for any of the items, equipment and/or services required herein stated, DUBLIN shall give notice to CONCESSIONAIRE of any observed breach with reasonable promptness. CONCESSIONAIRE shall, at the request of the City, cure reasonably and promptly the breach. In the event that the breach is not cured in a reasonable time, DUBLIN shall have the right to cancel this AGREEMENT. XX. TERMINATION A. Either party shall have the right to terminate this AGREEMENT upon Thirty (30) days written notice to the other party in the event the other party commits a material breach of any provision of this AGREEMENT {H 0935648.2 }~ and said material breach is not cured within the Thirty (30) day notice period. B. Either party shall have the right to terminate, without penalty or liability, this AGREEMENT for any reason whatsoever upon Ninety (90) days written notice to the other party. C. CONCESSIONAIRE and DUBLIN acknowledge and agree that both parties have expended considerable resources and incurred significant financial obligations in preparing the DCRC for the implementation of food and beverage service as contemplated under this AGREEMENT. In the event that this AGREEMENT is terminated for any reason whatsoever, CONCESSIONAIRE is entitled to all remove any and all of their personal property from the DCRC including, but not limited to, the items specifically set forth in Exhibit "B". All property that is permanently affixed and/or property that would cause damage if removed shall become the property of DUBLIN. YYI. PARAGRAPH HEADINGS Paragraph headings are inserted in AGREEMENT for convenience only and are not to be used in interpreting AGREEMENT. (REST OF PAGE LEFT INTENTIONALLY BLANK) {H 0935648.2 }~ IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the day of , 2447. BY: BY: CITY OF DUBLIN, OHIO ("DUBLIN") Jane Brautigam, City Manager TehKu Tea Company ("CONCESSIONAIRE") Approved as to Form: Law Director, City of Dublin {H 0935648.2 }~ 2 CERTIFICATION I hereby certify that neither I nor TehKu Tea Company is disqualified under Ohio Revised Code X3517.13 from being awarded this contract by the City of Dublin due to contributions that have been made by me, partners, shareholders, or other owners of TehKu Tea Company, my spouse, their spouses, my children, children of other TehKu Tea Company partners, shareholders, or other owners, political action committees affiliated with TehKu Tea Company, and collectively by any combination of the aforementioned individuals and entities. [Only applicable to contributions made since January 1, 2447.] I certify that during the term of this contract and for one year thereafter neither I nor any partner, shareholder, or other owner of TehKu Tea Company, my spouse, their spouses, my children, children of other partners, shareholders, and other owners, political action committees affiliated with TehKu Tea Company, and each of the aforementioned individuals and entities combined will make any contribution to candidates of elected officials of the City of Dublin that violates Ohio Revised Code X3517.13. I recognize that any contract awarded in violation of Ohio Revised Code ~ 3517.13 may be rescinded and that fines three times any amount contributed in violation of Ohio Revised Code X3517.13 may be recoverable by the State of Ohio. I further recognize that, pursuant to Ohio Revised Code 3517.992(R)(3), knowingly making a false statement on this certification is a fifth degree felony. 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