7852 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Ginny Brummett
7852
Ballistics IQ
Not Applicable
FILE
DECEMBER 7, 2021
DECEMBER 7, 2026
21-2631
Contract # 7852
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND EVIDENCE IQ INC.
(FILE 7852)
THIS CONTRACT is made and entered into this date ______________________, by
and between EVIDENCE IQ INC. a Delaware corporation, whose address is 346 River Street
Lemont, Illinois 60439, hereinafter referred to as "Contractor," and the CITY OF DENTON,
TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon
approval of the Denton City Council and subsequent execution of this Contract by the Denton City
Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall provide products and/or services in accordance with the City’s document
FILE 7852-Balistics IQ, a copy of which is on file at the office of Purchasing Agent and
incorporated herein for all purposes. The Contract consists of this written agreement and the
following items which are attached hereto and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) Evidence IQ MSA (Exhibit “B”);
(c) Certificate of Interested Parties Electronic Filing (Exhibit "C");
(d) Form CIQ – Conflict of Interest Questionnaire (Exhibit "D");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
12/07/2021
Contract # 7852
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor, pursuant to
Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive
payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization.
Failure to meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
EVIDENCE IQ INC. CITY OF DENTON, TEXAS
BY:______________________________ BY:
AUTHORIZED SIGNATURE
___________________________
Printed Name:_____________________ SARA HENSLEY
INTERIM CITY MANAGER
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS ATTEST:
ROSA RIOS, CITY SECRETARY
BY:__________________________
APPROVED AS TO LEGAL
FORM:
MACK REINWAND, CITY
ATTORNEY
BY:
_________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Roger@evidenceiq.com
Roger Cummings
Chief Executive Officer
630-635-8100
Chief of Police
Denton Police Department
Frank Dixon
Contract # 7852
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $153,250. Pricing shall be per Exhibit B attached.
2. The Quantities
The quantities indicated on Exhibit B are estimates based upon the best available information. The
City reserves the right to increase or decrease the quantities to meet its actual needs. As indicated
on Exhibit B, the City is purchasing 100 Virtual Correlation Center (VCC) cases per year.
Additional VCC cases are available for purchase, if City determines that an increase in quantity of
VCC cases would meet its actual needs. Additional VCC cases can be purchased at the same rate
paid for in this contract with a 20% surcharge. Individual purchase orders will be issued on an as
needed basis.
3. Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional four (4) one-year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall
automatically renew each year, from the date of award by City Council. The Supplier’s request to
not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior
to the contract renewal date for each year. At the sole option of the City of Denton, the Contract may
be further extended as needed, not to exceed a total of six (6) months.
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Contract # 7852
Exhibit B
Evidence IQ MSA
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 1 of 13
EVIDENCE IQ – BALLISTICS IQ
MUNICIPAL, STATE AND FEDERAL
LAW ENFORCEMENT AGENCY/AGENCY/COUNTY AGREEMENT
This Municipal, State and Federal Law Enforcement AGENCY/COUNTY Agreement
(“Agreement”) is made and entered into effective December 31, 2021 (the “Effective Date”)
between Evidence IQ, Inc., a Delaware corporation (“EIQ”), and the City of Denton, Texas
(“AGENCY/COUNTY”).
A. EIQ collects, stores and disseminates Ballistics Data (as herein defined) to law
enforcement agencies through its EIQ Software Service (as herein defined); and
B. AGENCY/COUNTY desires to obtain access to Ballistics Data through the EIQ
Software Service on the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged
by the parties, the parties agree as follows:
1. Definitions. As used in this Agreement, certain terms have the meanings set
forth below. Certain other capitalized terms are defined in the text of this Agreement in the
section in which the term is first used.
“Ballistics Data” means ballistics data and images collected by LEAs and
available through the EIQ Software Service for use by LEAs. All Ballistics Data uploaded by
AGENCY/COUNTY to the EIQ Software Service is owned by AGENCY/COUNTY.
“EIQ Software Service” means a web-based (hosted) suite of software
applications of EIQ consisting of analytical and investigative software located on a physical
database server that also hosts Ballistics Data accessed through the EIQ customer portal.
“LEA” means a municipal, state or Federal law enforcement agency.
“Service Fee” means the amount required to be paid by AGENCY/COUNTY
per Service Period for access to the EIQ Software Service and Ballistics Data.
“User” means an individual who is an agent and sworn officer of
AGENCY/COUNTY and who is authorized by AGENCY/COUNTY to access the Ballistics
Data through the EIQ Software Service on behalf of AGENCY/COUNTY with login
credentials provided by AGENCY/COUNTY.
2. License.
(a) Grant of License. Subject to, and conditioned on,
AGENCY/COUNTY’s payment of the Service Fee and compliance with all other terms and
conditions of this Agreement, EIQ grants to AGENCY/COUNTY a non-exclusive, non-
transferable right and license to access and use the Ballistics Data through the EIQ Software
Service during the Service Period only for investigatory law enforcement purposes.
(b) License of Ballistics Data. AGENCY/COUNTY grants to EIQ a non-
exclusive, fully paid up, royalty free, worldwide, sublicensable, transferable, perpetual and
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 2 of 13
irrevocable license to use, install, access, reproduce, modify, impose, display, create
derivative works of, distribute, and license for use by EIQ’s customers the Ballistics Data
uploaded by AGENCY/COUNTY in connection with its EIQ Software Service.
(c) Data Sharing. All Ballistics Data uploaded by AGENCY/COUNTY
will be available through the EIQ Software Service and accessible by other LEAs who
contract with EIQ to access the EIQ Software Service.
(d) Non-Exclusive Licensed Access. AGENCY/COUNTY acknowledges
that the right or ability of EIQ to license other third parties to access the Ballistics Data
through the EIQ Software Service is not restricted in any manner by this Agreement, and
that it is EIQ’s intention to license a number of other LEAs to access the Ballistics Data
through the EIQ Software Service. EIQ shall have no liability to AGENCY/COUNTY for any
such action.
3. Access to the Ballistics Data Through the EIQ Software Service.
(a) Account Security. EIQ shall provide to AGENCY/COUNTY the
necessary passwords and network links or connections to allow AGENCY/COUNTY’s Users
to access the Ballistics Data through the EIQ Software Service. AGENCY/COUNTY shall be
responsible for assigning to each of AGENCY/COUNTY’s Users a username and password
(one per user account). An unlimited number of User accounts is provided.
AGENCY/COUNTY will cause the Users to maintain username and password credentials
confidential and will prevent use of such username and password credentials by any
unauthorized person(s). AGENCY/COUNTY shall notify EIQ immediately if
AGENCY/COUNTY believes the password of any of its Users has, or may have, been obtained
or used by any unauthorized person(s). In addition, AGENCY/COUNTY must notify EIQ
immediately if AGENCY/COUNTY becomes aware of any other breach or attempted breach
of the security of any of its Users’ accounts.
(b) Eligibility. AGENCY/COUNTY shall only authorize individuals who
satisfy the eligibility requirements of “Users” to access the EIQ Software Service. EIQ in its
sole discretion may deny EIQ Software Service access to any individual based on such
person’s failure to satisfy such eligibility requirements.
(c) User Logins. Except with the prior written consent of EIQ,
AGENCY/COUNTY shall not provide User logins to agents or officers of other local, state or
Federal LEAs or access the EIQ Software Service on behalf of other LEAs.
(d) Liability. AGENCY/COUNTY is responsible and liable for all uses of
the Ballistics Data through the EIQ Software Service resulting from access provided by
AGENCY/COUNTY, directly or indirectly, whether such access or use is permitted by or in
violation of this Agreement. Without limiting the generality of the foregoing,
AGENCY/COUNTY is responsible for all acts and omissions of each User and each act or
omission by each User that would constitute a breach of this Agreement if taken by
AGENCY/COUNTY will be deemed a breach of this Agreement by AGENCY/COUNTY.
AGENCY/COUNTY shall use reasonable efforts to make all Users aware of this Agreement’s
provisions as applicable to such User’s use of the Ballistics Data through the EIQ Software
Service, and shall cause Users to comply with such provisions.
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 3 of 13
(e) Restrictions on Use of the Ballistics Data Through the EIQ
Software Service.
(i) AGENCY/COUNTY acknowledges that a large part of EIQ’s
competitive advantage comes from the collection and analysis of the Ballistics Data.
AGENCY/COUNTY’s and each User’s access, use, except as expressly permitted under this
Agreement, and disclosure of any such Ballistics Data would cause irreparable damage to
EIQ.
(ii) Except as expressly permitted under this Agreement,
AGENCY/COUNTY agrees that it shall not, directly or indirectly, nor will it permit a User
or any other party to, without the prior written consent of EIQ, (A) access the EIQ Software
Service and utilize the Ballistics Data for any purpose other than for investigatory law
enforcement purposes, (B) disclose the Ballistics Data to any unauthorized third party; (C)
copy, modify, or create derivative works of the EIQ Software Service or the Ballistics Data,
in whole or in part; (D) create, attempt to create, or grant permission to the source program
and/or object program associated with the EIQ Software Service or the Ballistics Data;
(E) decompile, disassemble or reverse engineer any software component of the EIQ Software
Service for any reason, including, without limitation, to develop functionally similar
computer software or services; (F) modify, alter or delete any of the copyright notices
embedded in or affixed to the copies of any components of the EIQ Software Service or the
Ballistics Data; (G) rent, lease, lend, sell, license, sublicense, assign, distribute, publish,
transfer or otherwise make available the EIQ Software Service or the Ballistics Data; or (H)
use the EIQ Software Service or the Ballistics Data in any manner or for any purpose that
infringes, misappropriates, or otherwise violates any intellectual property right or other right
of any person or entity that violates any applicable law.
(iii) AGENCY/COUNTY agrees to take all necessary precautions to
protect the Ballistics Data against its unauthorized use or disclosure and exercise at least
the same degree of care in safeguarding the Ballistics Data as AGENCY/COUNTY would
with AGENCY/COUNTY’s own confidential information.
(iv) AGENCY/COUNTY shall not create, publish, distribute, or
permit any written, electronically transmitted or other form of publicity material that
references the Ballistics Data, EIQ Software Service or this Agreement without first
submitting the material to EIQ and receiving written consent from EIQ thereto. This
restriction is specifically intended to ensure consistency with other media messaging and will
survive the expiration or earlier termination of this Agreement.
(v) AGENCY/COUNTY agrees as follows:
(A) to notify EIQ immediately upon discovery of any
unauthorized use or disclosure of Ballistics Data or any other breach of this Section 3 by
AGENCY/COUNTY or any User, and AGENCY/COUNTY shall reasonably cooperate with
EIQ to regain possession of the Ballistics Data, prevent its further unauthorized use, and
otherwise prevent any further breaches of this Section 3;
(B) a breach or threatened breach by AGENCY/COUNTY or
a User of any covenant contained in this Agreement, including under this Section 3, may
cause irreparable damage to EIQ and that EIQ could not be made whole by monetary
damages. Therefore, EIQ shall have, in addition to any remedies available at law, the right
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 4 of 13
to seek equitable relief to enforce this Agreement, including a restraining order, an
injunction, specific performance, and any other relief that may be available from any court,
without any requirement to post a bond or other security, or to prove actual damages or that
monetary damages are not an adequate remedy; and
(C) AGENCY/COUNTY’s obligations of non-disclosure and
other obligations under this Agreement are effective as of the Effective Date and will survive
the termination or expiration of this Agreement. _EIQ acknowledges that the City of Denton must
strictly comply with the Public Information Act, Chapter 552, Texas Government Code in responding
to any request for public information related to this Agreement. This obligation supersedes any
conflicting provisions of this Agreement. All material submitted by EIQ to the City of Denton shall
become property of the City upon receipt. Any portions of such material claimed by EIQ to be
proprietary must be clearly marked as such. Determination of the public nature of the material is subject
to the Texas Public Information Act, chapter 552, and Texas Government Code.
(f) Reservation of Rights. EIQ reserves all rights not expressly granted
to AGENCY/COUNTY in this Agreement.
4. Service Fees and Term. The AGENCY/COUNTY Service Fees will be based
on the number of virtual correlation center cases (“VCCs”) submitted by AGENCY/COUNTY
during the Service Period. Exhibit A further defines the Service Period term and cost and
permitted use.
(a) AGENCY/COUNTY agrees to assist EvidenceIQ with testimonials, case
studies, and being a referenceable resource for other Law Enforcement organizations. All
public-facing collateral will be pre-approved by AGENCY/COUNTY prior to any external
publication.
(b) AGENCY/COUNTY may use the EvidenceIQ Service for the purposes
of assisting and supporting the Denton Police Department personnel only unless granted
permission in writing by EvidenceIQ.
5. Term and Termination.
(a) Term. The initial term of this Agreement begins on the Effective Date
and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue
in effect as defined in Exhibit A from such date (the “Service Period”).
(b) Termination.
(i) AGENCY/COUNTY may terminate this Agreement with cause
upon thirty (30) days’ prior written notice to EIQ.
(ii) EIQ may terminate this Agreement with or without cause upon
thirty (30) days’ prior written notice to AGENCY/COUNTY. If EIQ’s notice of termination is
based on a breach of this Agreement by AGENCY/COUNTY, the notice of termination will
set forth in reasonable detail AGENCY/COUNTY’s breach of this Agreement. If within such
thirty (30) day period AGENCY/COUNTY fails to cure to EIQ’s satisfaction the breach, this
Agreement will terminate upon the expiration of such thirty (30) day period and
AGENCY/COUNTY shall not be entitled to a refund of the Service Fee, or any portion thereof.
If EIQ’s notice of termination is based on a reason other than a breach of this Agreement by
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 5 of 13
AGENCY/COUNTY, this Agreement will terminate upon the expiration of such thirty (30)
day period and AGENCY/COUNTY will be entitled to a refund of a portion of the Service Fee,
based on the unused VCCs relative to the number of VCCs purchased.
(iii) Either party may terminate this Agreement, effective
immediately upon written notice to the other party, if the other party: (A) becomes insolvent
or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed
against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject,
voluntarily or involuntarily, to any proceeding under any domestic bankruptcy or insolvency
law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or
(D) applies for or has appointed a receiver, trustee, custodian or similar agent appointed by
order of any court of competent jurisdiction to take charge of or sell any material portion of
its property or business. AGENCY/COUNTY shall not be entitled to a refund of the Service
Fee, or any portion thereof, upon such a termination.
(iv) Upon expiration or earlier termination of this Agreement, all
rights granted by EIQ to AGENCY/COUNTY under this Agreement will immediately cease
to exist and AGENCY/COUNTY must promptly discontinue all use of the EIQ Software
Service. The license granted by AGENCY/COUNTY to EIQ pursuant to Section 2(b) shall
survive the termination or expiration of this Agreement.
(v) This Section 5(b) shall survive any termination or expiration
of this Agreement.
6. Warranty Disclaimer by EIQ; Indemnification by AGENCY/COUNTY.
(a) DISCLAIMER. THE BALLISTICS DATA AND EIQ SOFTWARE
SERVICE IS PROVIDED “AS IS” AND EIQ HEREBY DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EIQ SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES
ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EIQ MAKES
NO WARRANTY OF ANY KIND THAT THE EIQ SOFTWARE SERVICE, OR ANY
PRODUCTS OR RESULTS OF THE USE THEREOF, INCLUDING THE BALLISTICS
DATA, WILL MEET AGENCY/COUNTY’S OR ANY OTHER PERSON’S REQUIREMENTS,
OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE
COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR
BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
(b) Limitations of Liability. EIQ WILL NOT BE LIABLE FOR
AGENCY/COUNTY’S USE OF THE BALLISTICS DATA OR THE EIQ SOFTWARE
SERVICE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR
LOST OF BUSINESS). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY
IS PROHIBITED OR OTHERWISE UNENFORCEABLE, EIQ’S CUMULATIVE LIABILITY
TO AGENCY/COUNTY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL
NOT EXCEED $153,250.00.
(c) Indemnification. Intentionally Deleted.
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 6 of 13
7. Miscellaneous.
(a) Notices. Any notice under this Agreement must be written. Notices
must be addressed to the recipient and either (i) hand delivered; (ii) placed in the United
States mail, certified, return receipt requested; (iii) deposited with an overnight delivery
service; or (iv) sent via e-mail and followed with a copy sent by overnight delivery or regular
mail, to the address or e-mail address specified below. Any mailed notice is effective three
(3) business days after the date of deposit with the United States Postal Service or the
overnight delivery service, as applicable; all other notices are effective upon receipt. A failure
of the United States Postal Service to return the certified mail receipt to the dispatcher of
such notice will not affect the otherwise valid posting of notice hereunder.
Addresses for all purposes under this Agreement are:
If to EIQ: Evidence IQ, Inc.
Attn: Roger Cummings, President
346 River Street
Lemont, Illinois 60439
E-mail: Roger@EvidenceIQ.com
If to
AGENCY/COUNTY:
City of Denton
City Attorney’s Office
215 E. McKinney Street
Denton, TX 76201
Either party may designate another address for this Agreement by giving the other party at
least five (5) business days’ advance notice of its address change. A party’s attorney may
send notices on behalf of that party, but a notice is not effective against a party if sent only
to that party’s attorney.
(b) Assignment. Neither party shall assign its rights or delegate its
obligations under this Agreement to any party, without the express written consent of the
non-assigning party. Any such purported assignment or delegation in violation of this
Section 7(b) will be null and void. No assignment or delegation will relieve
AGENCY/COUNTY of any of its obligations hereunder. This Agreement is binding upon and
inures to the benefit of the parties and their respective permitted successors and assigns.
(c) Governing Law; Venue. THIS AGREEMENT IS GOVERNED BY
AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS
WITHOUT REGARD TO CONFLICTS-OF-LAWS PRINCIPLES. THE PARTIES HERETO
CONSENT THAT VENUE OF ANY ACTION BROUGHT UNDER THIS AGREEMENT
WILL BE IN DENTON COUNTY, TEXAS.
(d) Amendments; Waiver. No amendment to this Agreement or waiver
of any right or obligation created by this Agreement will be effective unless it is in writing
and signed by both parties. No waiver by any party of any of the provisions hereof will be
effective unless explicitly set forth in writing and signed by the party so waiving. Except as
otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any
rights, remedy, power or privilege arising from this Agreement will operate or be construed
as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power or
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 7 of 13
privilege hereunder will preclude any other or further exercise thereof or the exercise of any
other right, remedy, power or privilege.
(e) Entirety. This Agreement constitute the entire agreement between
the parties and supersede all prior and contemporaneous understandings, agreements,
representations and warranties and other communications, oral or written between the
parties. No contrary or additional terms contained in any purchase order or other
communication from AGENCY/COUNTY will be a part of this Agreement.
(f) Force Majeure. Neither party will be liable for failure to perform or
delay in performing any obligation under this Agreement if nonperformance is caused by an
occurrence beyond the reasonable control of such party and without its fault or negligence,
such as acts of God or the public enemy, acts of the Government in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually
severe weather, delays of common carriers, or any other cause beyond the reasonable control
of such party.
(g) Severability. If any provision of this Agreement is held to be invalid,
illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not
affect any other provisions of this Agreement, and this Agreement will be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
(h) Counterparts. This Agreement may be executed in counterparts, each
of which is deemed an original, but all of which together are deemed to be one and the same
agreement.
(i) CJIS Requirements. AGENCY/COUNTY certifies that its Users
shall comply with the CJIS requirements outlined in Exhibit B.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by
persons duly authorized as of the date and year first above written.
EIQ: Evidence IQ, Inc.
By:
Name:
Title:
AGENCY/COUNTY:
By:
Name:
Title:
Address:
E-mail:
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Interim City Manager
Sara.Hensley@cityofdenton.com
City of Denton
Sara Hensley
Chief Executive Officer
Roger Cummings
DENTON, TX 76201
215 E MCKINNEY STREET
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 8 of 13
[signature page – Evidence IQ – Ballistics IQ
Municipal, State and Federal Law Enforcement AGENCY/COUNTY Agreement]
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 9 of 13
EXHIBIT A
Service Fees
Budgetary Quote
Date 11/2/2021
Invoice #100/1/5-DentonTX
Bill To:
Quantity Description Amount
1 Ballistics IQ Triage Subscription License
(Year 1 Term: December 1, 2021 - November 30, 2022)26,875.00$
100 Ballistics IQ VCC Cases (Year 1)Included
1 1.5 Day Onsite Ballistics IQ Capture Training (for up to 10 people) Included
1 Ballistic Camera Box (5 year warranty and support) Year 1 of 5 8,125.00$
1 Ballistics IQ Triage Subscription License
(Year 2 Term: December 1, 2022 - November 30, 2023)26,875.00$
100 Ballistics IQ VCC Cases (Year 2)Included
1 Ballistic Camera Box (5 year warranty and support) Year 2 of 5 Included
1 Ballistics IQ Triage Subscription License
(Year 3 Term: December 1, 2023 - November 30, 2024)26,875.00$
100 Ballistics IQ VCC Cases (Year 3)Included
1 Ballistic Camera Box (5 year warranty and support) Year 3 of 5 Included
1 Ballistics IQ Triage Subscription License
(Year 4 Term: December 1, 2024 - November 30, 2025)26,875.00$
100 Ballistics IQ VCC Cases (Year 4)Included
1 Ballistic Camera Box (3 year warranty and support) Year 4 of 5 Included
1 Ballistics IQ Triage Subscription License
(Year 5 Term: December 1, 2025 - November 30, 2026)26,875.00$
100 Ballistics IQ VCC Cases (Year 5)Included
1 Ballistic Camera Box (5 year warranty and support) Year 5 of 5 Included
Subtotal for 5 Years $ 142,500.00
Subtotal
Tax 0.00%
Balance due in Year 1 35,000.00$
Denton Police Department
601 E Hickory St.
940-349-7877
346 River Street
Lemont, IL 60439
Phone: (512) 934-3970
Croden@EvidenceIQ.com
Denton, TX 76205
Mr. Cody Roden
Attn: Michael Kessler
This quote is for a 5 year term with a start date of December 31, 2021.
All Evidence IQ hardware will include a 5 year warranty. Included in the price
of the SubscriptionLicense is a ballistics camera box, hardcase, and all other
required hardware.
A 1.5 day onsite training (max 10 people) provided from Evidence IQ by a SeniorFirearms and Toolmarks Examiner. Additional training can be scheduled for $2,500 per day plus reasonable travel and expenses.
Billings will be paid annually in advance on the first month of fiscal year under service with Net 30 terms. Additional VCC (Virtual Correlation Center) cases can be purchased at the same rate paid for in this contract with a 20% surcharge.
Quote and pricing expires on 12/31/2021. Pricing is contingent on receiving a
signed agreement to terms before 12/31/2021.
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 10 of 13
Exhibit B
CJIS Requirements
EIQ and AGENCY/COUNTY agree on the importance of data security, integrity and system
availability and that these security objectives will only be achieved through shared responsibility.
EIQ and AGENCY/COUNTY agree they will more likely be successful with information security by
use of the EIQ-supplied technical controls and AGENCY/COUNTY’s use of those controls in
conjunction with AGENCY/COUNTY’s policies to protect the systems, data and privacy.
EIQ and AGENCY/COUNTY agree that AGENCY/COUNTY-owned and FBI-CJIS-supplied
data in EIQ systems does not meet the definition of FBI-CJIS provided Criminal Justice
Information (“CJI”). Regardless, EIQ agrees to treat the AGENCY/COUNTY-supplied information
in EIQ systems as CJI. EIQ will strive to meet those technical and administrative controls to
ensure the tools are in place for the proper protection of systems, information and privacy of
individuals to the greatest degree possible.
EIQ and AGENCY/COUNTY agree that information obtained or incorporated into EIQ
systems may be associated with records that are sensitive in nature having, tactical, investigative
and “Personally Identifiable Information.” As such, that information will be treated in accordance
with applicable laws, policies and regulations governing protection and privacy of this type of data.
EIQ and AGENCY/COUNTY agree that products and services offered by EIQ are merely an
investigative tool to aid EIQ’s customers in the course of their duties and that EIQ make no claims
that direct actions be initiated based solely upon the information responses or analytical results.
Further, EIQ and AGENCY/COUNTY agree that AGENCY/COUNTY is ultimately responsible for
taking the appropriate actions from results, hits, etc. generated by EIQ products and require
ongoing training, human evaluation, verifying the accuracy and currency of the information, and
appropriate analysis prior to taking any action.
Certain capitalized terms are defined in the FBI-CJIS Security Policy.
The parties agree as follows.
EIQ:
1. EIQ has established the use of the FBI-CJIS Security Policy as guidance for
implementing technical security controls in an effort to meet or exceed those requirements.
2. EIQ will appoint a CJIS Information Security Officer to act as a conduit to
AGENCY/COUNTY’s Contracting Government AGENCY/COUNTY and AGENCY/COUNTY
Coordinator to receive any FBI-CJIS Security Policy information and disseminate such information
to the appropriate staff.
3. EIQ will adhere to FBI-CJIS Security Policy Awareness Training and Personnel
Screening standards as required by AGENCY/COUNTY.
4. EIQ will, by default, classify all AGENCY/COUNTY-supplied data and information
related to AGENCY/COUNTY-owned infrastructure, information systems or communications
systems as “criminal justice data.” All AGENCY/COUNTY information will be treated at the
highest level of confidentiality by all EIQ staff. EIQ has supporting guidance/policies for staff
handling the full life cycle of information in physical or electronic form and has accompanying
disciplinary procedures for unauthorized access, misuse or mishandling of that information.
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 11 of 13
5. EIQ will not engage in data mining, commercial sale, unauthorized access and/or use
of any of AGENCY/COUNTY-owned data.
6. EIQ will initiate its formal cyber Incident Response Procedures if any cyber incident
or data breach occurs.
7. EIQ will immediately inform AGENCY/COUNTY of any cyber incident or data
breach, to include DDoS, Malware, Virus, etc. that may impact or harm AGENCY/COUNTY’s data,
systems or operations so proper analysis can be performed and AGENCY/COUNTY’s Incident
Response Procedures can be initiated.
8. EIQ will only allow authorized support staff to access AGENCY/COUNTY’s account
or AGENCY/COUNTY’s data for AGENCY/COUNTY-related purposes.
9. EIQ will use training, policy and procedures to ensure support staff use proper
handling, processing, storing, and communication protocols for AGENCY/COUNTY’s data.
10. EIQ will protect AGENCY/COUNTY’s systems and data by monitoring and auditing
staff user activity to ensure that it is only within the purview of system application development,
system maintenance or the support roles assigned.
11. EIQ will inform AGENCY/COUNTY of any unauthorized, inappropriate use of data
or systems.
12. EIQ will design software applications to facilitate FBI-CJIS-compliant information
handling, processing, storing and communication of AGENCY/COUNTY’s data.
13. EIQ will advise AGENCY/COUNTY when any software application or equipment
technical controls are not consistent with meeting FBI-CJIS Security Policy criteria for analysis
and due consideration.
14. EIQ will use the existing Change Management process to sufficiently plan for system
or software changes and updates with “rollback” plans.
15. EIQ will provide technical security controls that only permit authorized user access
to AGENCY/COUNTY-owned data and EIQ systems as intended by AGENCY/COUNTY.
16. EIQ will meet or exceed the FBI-CJIS Security Policy complex password construction
and change rules.
17. EIQ will only provide access to EIQ’s systems and AGENCY/COUNTY-owned
information through AGENCY/COUNTY managed role-based access and applied sharing rules
configured by AGENCY/COUNTY.
18. EIQ will provide technical controls with additional levels of user Advanced
Authentication in physically non-secure locations.
19. EIQ will provide compliant FIPS 140-2 Certified 128-bit encryption for
AGENCY/COUNTY-owned data during transport and storage (“data at rest”) while in the custody
and control of EIQ.
20. EIQ will provide firewalls and virus protection to protect networks, storage devices
and data.
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 12 of 13
21. EIQ will execute archival, purges and/or deletion of data as configured by
AGENCY/COUNTY.
22. EIQ will provide auditing and alerting tools within the software applications so
AGENCY/COUNTY can monitor access and activity of EIQ support staff and AGENCY/COUNTY
users for unauthorized access, disclosure, alteration or misuse of AGENCY/COUNTY-owned data.
EIQ support staff will only have access when granted by AGENCY/COUNTY.
23. EIQ will only perform direct support remote access to AGENCY/COUNTY
systems/infrastructure when requested, authorized and physically granted access to the
applications/systems by AGENCY/COUNTY. This activity will be documented by both parties.
24. EIQ will create and retain activity transaction logs to enable auditing by
AGENCY/COUNTY and EIQ staff.
25. EIQ will provide physical protection for the equipment storing AGENCY/COUNTY
data along with additional technical controls to protect physical and logical access to systems and
data.
26. EIQ will participate in any information or technical security compliance audit
performed by AGENCY/COUNTY or any state CJIS system agency or FBI-CJIS division.
27. EIQ will perform independent employment background screening for EIQ’s staff and
participate in additional fingerprint background screening as required by AGENCY/COUNTY.
28. EIQ agrees that all AGENCY/COUNTY-contributed data, including “hot-lists,”
scans, user information etc., will only be shared as designated by AGENCY/COUNTY and will
remain the responsibility and property of AGENCY/COUNTY.
AGENCY/COUNTY:
1. AGENCY/COUNTY will appoint an AGENCY/COUNTY Coordinator as a central
point of contact for all FBI-CJIS Security Policy-related matters and to assign staff that are familiar
with the contents of the FBI-CJIS Security Policy.
2. AGENCY/COUNTY will have the AGENCY/COUNTY Coordinator (a) provide timely
updates with specific information regarding any new FBI-CJIS, state or local information security
policy requirements that may impact EIQ compliance or system/application development and
(b) facilitate obtaining certifications, training, and fingerprint-based background checks as
required.
3. AGENCY/COUNTY will inform EIQ when any FBI-CJIS Security Awareness
Training, personnel background screening or execution of FBI-CJIS Security Addendum
Certifications is required.
4. AGENCY/COUNTY will immediately inform EIQ of any relevant data breach or
cyber incident, to include DDoS, Malware, Virus, etc. that may impact or harm EIQ systems,
operations, business partners and/or other agencies, so proper analysis can be performed, and
Incident Response Procedures can be initiated.
5. AGENCY/COUNTY is responsible for the legality and compliance of information
recorded, submitted or placed in EIQ systems and use of that data.
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Evidence IQ, Inc. – Ballistics IQ Agreement ver. 1.0 Page 13 of 13
6. AGENCY/COUNTY is responsible for proper equipment operation and placement of
equipment.
7. AGENCY/COUNTY is responsible for vetting authorized user access to EIQ systems
with due consideration of providing potential access to non-AGENCY/COUNTY information.
8. AGENCY/COUNTY is responsible for control of persons granted access to purchased
EIQ systems, along with data stored and transmitted via EIQ systems.
9. AGENCY/COUNTY is responsible for all data security, handling and data protection
strategies from point of acquisition, during transport and until submission (“Hotlist upload”) into
EIQ systems.
10. AGENCY/COUNTY will reinforce AGENCY/COUNTY’s staff policies and procedures
for secure storage and protection of EIQ system passwords.
11. AGENCY/COUNTY will reinforce AGENCY/COUNTY’s staff policies for creating
user accounts with only government domain email addresses. Any exceptions must be granted in
writing.
12. AGENCY/COUNTY will reinforce AGENCY/COUNTY’s staff policies for not sharing
user accounts.
13. AGENCY/COUNTY will use EIQ role-based access as designed to foster system
security and integrity.
14. AGENCY/COUNTY controls, and is responsible for, appropriate use and data storage
policies as well as procedures for the data maintained outside the EIQ systems, including when any
information is disseminated, extracted or exported out of EIQ’s systems.
15. AGENCY/COUNTY controls, and is responsible for developing, policies, procedures
and enforcement for applying deletion/purging and dissemination rules to information within and
outside EIQ’s systems.
16. AGENCY/COUNTY is responsible for ensuring data and system protection strategies
are accomplished through the tools provided by EIQ for account and user management features
along with audit and alert threshold features.
17. AGENCY/COUNTY will use the “virtual escorting” security tools provided for
managing AGENCY/COUNTY’s system remote access and monitor EIQ support staff when
authorized to assist AGENCY/COUNTY.
18. AGENCY/COUNTY acknowledges that the EIQ-designed technical controls and tools
will only be effective in conjunction with AGENCY/COUNTY-created policies and procedures that
guide user access and appropriate use of the system.
19. AGENCY/COUNTY acknowledges that information and services provided through
EIQ products do not provide any actionable information and AGENCY/COUNTY users are
responsible for the validity and accuracy of their data and developing procedures to verify
information with the record owner and other systems, such as the National Crime Information
Center, based upon the potential lead generated.
M:\07\070366.01\11-24-20
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Contract # 7852
Exhibit C
Certificate of Interested Parties
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
Controlling
Name of Interested Party4 Nature of interest
City, State, Country (place of business)
Intermediary
(check applicable)
CERTIFICATE OF INTERESTED PARTIES 1295FORM
1 of 1
1
OFFICE USE ONLY
2 11/03/2021
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Evidence IQ
Lemont , IL United States
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.3
City of Denton
Ballistics intelligence as a subscription service
EvidenceIQ - City of Denton
2021-820091
Date Filed:
Date Acknowledged:
Certificate Number:
CERTIFICATION OF FILING
City of Denton XDenton, TX United States
6
Signature of authorized agent of contracting business entity
My name is _______________________________________________________________,
UNSWORN DECLARATION
Check only if there is NO Interested Party.5
My address is _______________________________________________, _______________________,
and my date of birth is _______________________.
Executed in ________________________________________County,
I declare under penalty of perjury that the foregoing is true and correct.
(street)(state)(zip code)(country)
(year)(month)
_______, ______________, _________.
State of ________________, on the _____day of ___________, 20_____.
(city)
(Declarant)
Version V1.1.191b5cdcwww.ethics.state.tx.usForms provided by Texas Ethics Commission
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
CONFLICT OF INTEREST QUESTIONNAIRE - Exhibit D FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who 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 government 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 s ection is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
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 in this section is being disclosed.
Name of Officer
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 relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes 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 named in
this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: C99BDC83-E078-4A7C-A95A-481FE164506B
EVIDENCE IQ
INC.
11/16/2021
X
Certificate Of Completion
Envelope Id: C99BDC83E0784A7CA95A481FE164506B Status: Completed
Subject: Please DocuSign: City Council Contract 7852 Ballistics IQ
Source Envelope:
Document Pages: 21 Signatures: 8 Envelope Originator:
Certificate Pages: 6 Initials: 1 Ginny Brummett
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Ginny.Brummett@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
11/16/2021 3:39:39 PM
Holder: Ginny Brummett
Ginny.Brummett@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Ginny Brummett
ginny.brummett@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 11/16/2021 3:45:51 PM
Viewed: 11/16/2021 3:46:09 PM
Signed: 11/16/2021 3:49:07 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 11/16/2021 3:49:10 PM
Viewed: 11/16/2021 3:59:47 PM
Signed: 11/16/2021 4:00:22 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 11/16/2021 4:00:24 PM
Viewed: 11/16/2021 4:11:45 PM
Signed: 11/16/2021 4:11:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Roger Cummings
roger@evidenceiq.com
Chief Executive Officer
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 67.173.143.19
Signed using mobile
Sent: 11/16/2021 4:11:49 PM
Viewed: 11/16/2021 8:57:27 PM
Signed: 11/16/2021 9:00:11 PM
Electronic Record and Signature Disclosure:
Accepted: 11/16/2021 8:57:27 PM
ID: d3ebfde2-4da8-479d-8235-da3fc6f6f891
Signer Events Signature Timestamp
Frank Dixon
Frank.Dixon@cityofdenton.com
Chief of Police
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 107.77.198.31
Signed using mobile
Sent: 11/16/2021 9:00:14 PM
Viewed: 11/17/2021 7:12:32 AM
Signed: 11/17/2021 7:13:01 AM
Electronic Record and Signature Disclosure:
Accepted: 11/17/2021 7:12:32 AM
ID: 2947735c-924a-493a-9522-475fb2e46eb5
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 11/17/2021 7:13:04 AM
Viewed: 12/8/2021 8:14:47 AM
Signed: 12/8/2021 8:15:34 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Interim City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/8/2021 8:15:36 AM
Viewed: 12/8/2021 8:16:37 AM
Signed: 12/8/2021 8:16:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/8/2021 8:16:47 AM
Viewed: 12/8/2021 12:53:05 PM
Signed: 12/8/2021 12:55:43 PM
Electronic Record and Signature Disclosure:
Accepted: 12/8/2021 12:53:05 PM
ID: 7b27ac01-e07d-42aa-bb01-030681766f0a
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/16/2021 3:49:10 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/17/2021 7:13:04 AM
Viewed: 11/17/2021 9:08:53 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/8/2021 12:55:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michael Kessler
Michael.Kessler@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/8/2021 12:55:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cody Roden
croden@EvidenceIQ.com
Security Level: Email, Account Authentication
(None)
Sent: 12/8/2021 12:55:47 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/16/2021 3:45:51 PM
Certified Delivered Security Checked 12/8/2021 12:53:05 PM
Signing Complete Security Checked 12/8/2021 12:55:43 PM
Completed Security Checked 12/8/2021 12:55:47 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Roger Cummings, Frank Dixon, Rosa Rios
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy 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 OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.