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7707 - Agreement Renewal for 8-5-22 through 8-5-23 Executed Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 FILE 7707 MUNICIPAL MOSQUITO-RENEWAL 2022 CRYSTAL WESTBROOK 08/05/2023 www.MunicipalMosquito.com 214-612-8044 July 20, 2022 City of Denton ATTN: City Manager 215 East McKinney Street Denton, Texas 76021 RE: Annual Contract: Contingency Vector Management Services Effective Date: August 5, 2022 through August 5, 2023 Renewal One of Four To Whom It May Concern: Municipal Mosquito desires to renew the above referenced contract, which is due to expire on August 5, 2022, for an additional one year period, through August 5, 2023. This first of four renewals would be consistent with the same terms and conditions as outlined in Attachment “A” of the original Contract dated August 5, 2021. If you are in agreement to extend our contingency contract for another calendar year, please return a signed copy to tyler@municipalmosquito.com at your earliest convenience. If you have any questions, please don’t hesitate to call me at 972-979-1605. We look forward to hearing from you soon. _________ Yes, I agree to renew the above referenced contract at the same terms conditions as the original contract. _________ No, I do not want to renew the above referenced contract. Cordially, Acknowledged and Approved: Tyler Fair By: _________________________ Director of Operations City of Denton _________________________ Date DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 X 8/24/2022 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: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Director of Environmental Services & Sustainability Environmental Services & Sustainability Michael Gange Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4 FILE MUNICIPAL MOSQUITO CRYSTAL WESTBROOK 7707 08/05/2022 DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 ATTACHMENT A Contract for Mosquito Management Services City of Denton, Texas TDA SPCS 0666439 TDA 0714984 P.O. Box 831863 Richardson, Texas 75083 Office: 214-612-8044 Email: Info@MunicipalMosquito.com www.MunicipalMosquito.com DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 2 Licensed and Regulated by: Texas Department of Agriculture P.O. Box 12847 Austin, TX 78711-2847 Phone (866) 918- 4481, Fax (888) 232-2567 Contract for Mosquito Management Services – Page 1 THIS CONTRACT IS ENTERED BY AND BETWEEN THE CITY OF DENTON, TEXAS “CITY” AND PRP SERVICES, L.L.C. d/b/a MUNICIPAL MOSQUITO “MUNCIPAL MOSQUITO”, HEREINAFTER THE “CONTRACT.” WITHIN THIS CONTRACT, CITY OR MUNICIPAL MOSQUITO MAY BE REFERRED TO INDIVIDUALLY AS “PARTY” OR COLLECTIVELY AS “PARTIES.” 1. RETENTION OF SERVICES City hereby retains Municipal Mosquito to provide Mosquito Management Services for the City mosquito control program. Municipal Mosquito shall provide Contingent Mosquito Management Services per the Scope of Work attached as “Attachment A” which is incorporated for all purposes herein. Municipal Mosquito shall be compensated for those Contingent Mosquito Management Services by the City according to the Fee Schedule attached as “Attachment B” which is incorporated for all purposes herein. 2. TERM, RENEWAL, AND TERMINATION 2.1 TERM This Contract is for a 12-month term beginning on the date the Contract is finally executed by both Parties, herein the “Effective Date.” 2.2 CONTRACT RENEWAL Upon completion of the initial 12-month contract term, this Contract may be extended by subsequent agreement of both Parties for four (4) additional twelve month periods for a total of sixty (60) months. Contract renewal implies adherence to the same terms, conditions, and pricing unless agreed upon in writing by both Parties in a duly authorized contract amendment. 2.3 TERMINATION In the event of a perceived breach of this Contract by either Party, the non-breaching Party shall provide written notice to the breaching Party with fifteen days opportunity to cure or resolve the perceived breach. The City and/or Municipal Mosquito may terminate this Contract for any reason, or no reason, with thirty (30) days written notice to the other Party. Termination of this Contract by the City shall not waive any other rights or warranties available to the City at law or in equity. 3. LOCATION DESCRIPTION The services which are described in this Contract shall be strictly limited to the geographic area which is commonly known as being within the corporate limits of the City, the County of Denton, and the State of Texas. Municipal Mosquito shall not be required by the terms hereof to render the herein before described services in any geographic location not situated within the confines of the area designated above. 4. CONDITIONS OF PROPOSED SERVICES 4.1 LIABILITY AND INDEMNITY MUNICIPAL MOSQUITO SHALL INDEMNIFY CITY AND ITS AND EMPLOYEES HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, CAUSED BY OR RESULTING FROM THE DIRECT ACT OF MUNICIPAL MOSQUITO IN THE COURSE OF THE PERFORMANCE OF THIS CONTRACT AND, ON THE CONDITION THAT ANY SUCH CLAIM WHICH MAY BE ASSERTED: (1) ARISES FROM BODILY INJURY, INCLUDING DEATH; (2) ARISES FROM THE DAMAGE TO OR DESTRUCTION OF TANGIBLE PROPERTY; AND (3) IS CAUSED IN WHOLE OR IN PART BY AN INTENTIONAL OR GROSSLY NEGLIGENT ACT OR OMISSION OF MUNICIPAL DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 3 MOSQUITO. LIABILITY FOR ANY ACTION OF MUNICIPAL MOSQUITO SHALL BE LIMITED TO THE INSURANCE COVERAGE WHICH IS PROVIDED BY MUNICIPAL MOSQUITO PURSUANT TO THE TERMS AND CONDITIONS HEREOF, AND WHICH SHALL BE AGREED UPON IN ADVANCE OF THE EFFECTIVE DATE AND SHALL NOT CHANGE DURING THE SERVICE TERM UNLESS AGREED IN WRITING BY THE PARTIES. IT IS ACKNOWLEDGED AND AGREED BY THE PARTIES THAT ANY LIABILITY OF MUNICIPAL MOSQUITO IN CONNECTION WITH THE SERVICES TO BE RENDERED HEREUNDER SHALL NOT INCLUDE ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES BASED ON ANY LOST SALES OR PROFIT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS CONTRACT. 4.2 WARRANTIES Municipal Mosquito warrants that during the period of time any services shall be rendered by Municipal Mosquito to City, Municipal Mosquito will have in full force and effect the insurance coverage, in amounts satisfactory to the City: (1) Automobile, (2) General Liability, (3) Workers Compensation, and (4) Environmental Liability (as endorsement on General Liability) as required by the City, per Attachment C. Municipal Mosquito shall provide certificates of insurance upon execution. Municipal Mosquito warrants that, in the course of rendering the services which it is to perform hereunder, it will exercise, in its performance of said services, the standard of care normally exercised by nationally recognized organizations engaged in performing comparable services. Other than the foregoing warranties, Municipal Mosquito makes no express or implied warranties, including without limitation, any expressed or implied warranties of merchantability or fitness for a particular purpose. 4.3 DISCLAIMERS Municipal Mosquito has not been engaged to perform any procedure(s) which would result in the eradication of the mosquito population in any particular area. Mosquito remediation is an imprecise science and results are affected by many conditions which are outside the control of Municipal Mosquito. Accordingly, Municipal Mosquito disclaims any warranty, representation or guarantee, of any type, regarding: (1) the absence or existence of mosquito-borne diseases, in or adjacent to the known mosquito habitats in the Proposed Area; (2) the probability of any human or animal contracting any mosquito borne disease or infection, either before, during or after the completion of the services to be rendered by Municipal Mosquito hereunder; and (3) Municipal Mosquito cannot guaranty the outcome or effectiveness of any Contingent Mosquito Management Services performed under the Contract. 4.4 INDEPENDENT CONTRACTOR The Parties acknowledge and agree that neither Municipal Mosquito nor any member of its staff is an agent, employee, or representative of City in connection with the services to be performed hereunder. Rather, Municipal Mosquito is an independent contractor in connection with the services to be performed hereunder. As an independent contractor, Municipal Mosquito shall be responsible for employing and directing such personnel and agents as it may require from time to time in connection with the performance of the services to be rendered hereunder. Municipal Mosquito shall exercise complete authority over members of its staff and its agents and shall be fully responsible for their actions. Municipal Mosquito acknowledges that neither it nor any member of its staff is entitled to unemployment insurance benefits or workers’ compensation benefits from City, its elected officials, agents, or any program administered or funded by City. 5. PAYMENT Payment for all Contingent Mosquito Management Services shall be due within thirty (30) days of receipt of invoice from Municipal Mosquito by City. Payment which is not received on a timely basis shall be subject to interest at statutorily stated rates. 6. REQUEST FOR CONTINGENT SERVICES To request performance of Contingent Mosquito Management Services City shall send a request in writing to Municipal Mosquito and, upon receipt of a written proposal by Mosquito Management for performance of such services, City shall reply in writing approving such charges. City acknowledges and accepts that Municipal Mosquito does its best to estimate charges for Contingent DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 4 Mosquito Management Services in advance, but that Municipal Mosquito cannot guarantee the final price for any Contingent Mosquito Management Services. 7. MISCELLANEOUS 7.1 AUTHORITY TO EXECUTE CONTRACT The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Contract on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. City agrees to provide Municipal Mosquito proof of authority to enter the Contract upon request, and to notify Municipal Mosquito of any change in such authority to act. 7.2 NOTICE Where the terms of this Contract require that notice in writing be provided, such notice shall be deemed delivered three (3) days following the deposit of the notice in the United States mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as follows: To City: City of Denton Attn: City Manager 215 E. McKinney Street Denton, TX 76021 To Contractor: Municipal Mosquito Attn: Patrick Prather P.O. Box 831863 Richardson, Texas 75083  7.3 ASSIGNMENT This Contract is not assignable without the prior written consent of City. 7.4 ENTIRE CONTRACT, AMENDMENT This Contract represents the entire and integrated Contract between the City and Municipal Mosquito and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Contract may be amended only by a written instrument signed by both City and Municipal Mosquito. 7.5 APPLICABLE LAW The validity of this Contract and of any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. This Contract shall be performable and all compensation payable in Denton County, Texas. Venue and exclusive jurisdiction under this Contract lies in Denton County, Texas. 7.6 SEVERABILITY If any clause, paragraph, section or portion of this Contract shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Contract shall remain in full force and effect and the Parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Contract initially. 7.7 CONSIDERATION This Contract is executed by the Parties hereto without coercion or duress and with substantial consideration, the sufficiency of which is hereby acknowledged. 7.8 REPRESENTATION Each signatory representing this Contract has been read by the party for which this Contract is executed and that such party has had an opportunity to confer with its counsel. 7.9 WAIVER Waiver or any breach of this Contract by either party, or the failure of either party to enforce any of the provisions of this Contract, or the failure of either party to enforce any of the provisions of this Contract, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance of the Contract. DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 5 7.10 MISCELLANEOUS DRAFTING PROVISIONS This Contract shall be drafted equally by all Parties hereto. The language of all parts of this Contract shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Contract are for the convenience of the Parties and are not intended to be used in construing this document. 7.11 COUNTERPARTS This Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 8. ACCEPTANCE OF CONTRACT Municipal Mosquito, pursuant to the terms and conditions set forth above, proposes to provide services within the Scope of Work to City at the rates set forth in the Fee Schedule. To accept this Contract, City shall: (1) provide Municipal Mosquito proof of authority to enter the Contract on behalf of City, and (2) return a fully executed copy of the Contract, intact, to Municipal Mosquito at the address indicated hereon. IN WITNESS THEREOF, the Authorized Representatives have executed this Contract on the dates written below. Authorized Representative of the City of Denton, Texas Signature Title Print name Date Witness ______________________________________ Accepted by PRP Services, L.L.C. d/b/a Municipal Mosquito By Title ___________________________________ Date DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4 Director of Operations 8/4/2021 8/4/2021 Senior Buyer NA-DOCUSIGN Crystal Westbrook DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 6 The acceptance of this Contract is not valid until it is countersigned by Municipal Mosquito and returned to the City of Denton, Texas. DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4 Stephen D. Gay Director, Water Utilities Water Utilities DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 7 ATTACHMENT A SCOPE OF WORK I. CONSULTING, REPORTING, AND EDUCATION a. Fee Specifications The Consulting, Reporting, and Education fee is a fixed rate price for all consulting, reporting, and education during the annual contract term. This fee and signed Contract are due by April 1st to preserve the pricing and Scope of Work that have been defined. b. Consulting Municipal Mosquito annually generates terrain maps, current street maps, digital route maps, and consultation with City staff for information and history regarding mosquitoes, sites, populations, species, and locations prior to initiating any treatment services. c. Reporting Municipal Mosquito shall provide written and digital documentation of all services provided to City and retain application records as directed by Texas Department of Agriculture Structural Pest Control Service (TDA/SPCS) and TCEQ NPDES. d. Education Municipal Mosquito will assist City staff during City hall, public, City council, and similar public education and outreach meetings. Municipal Mosquito will also brief the City Council as requested. CONTINGENCY MOSQUITO MANAGEMENT Should mosquito activity or disease dictate and/or the City request, Municipal Mosquito shall be available to provide Contingency Mosquito Control services described in this Scope of Work. Any Contingency Mosquito Management services will be performed as directed and in accordance with the provisions of this Contract, this Scope of Work, and the Fee Schedule. II. LARVAL SURVEILLANCE AND CONTROL a. Site Inspection Individual inspections will be conducted as directed with monitoring of known and newly discovered potential larval mosquito development sites. Routine revision and updating of maps and sites is ever evolving and a key part of effective mosquito control program. b. Larvicide Application When appropriate and necessary, applications will be made of appropriately labeled larvicidal materials at U.S. EPA approved labeled dosage rates. Mapping of treated sites and documentation to meet state requirements will be provided to the City. c. Aedes aegypti and Aedes albopictus Specific Larviciding Service Larval mosquito inspection and control application is a different process for Aedes aegypti and Aedes albopictus mosquitoes due to small container and cryptic larval development sites often in close proximity to residential structures. Should intensive larval control become necessary due to an imported or locally transmitted emerging arbovirus, an hourly rate will be applied to the larval control field operations. Larval control may be performed through hand larviciding or via liquid larviciding through mist/ULV applicators. Access to private property is sometimes necessary for these larviciding services. The City shall make Code Enforcement and/or Environmental officers available to assist Municipal Mosquito personnel with private property inspections. DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 8 III. ADULT MOSQUITO SURVEILLANCE a. Reiter Gravid Trap Surveillance This trap selects toward gravid, or egg laden, Culex spp. female mosquitoes. Gravid female mosquito surveillance is crucial since these female mosquitoes have taken a blood meal to develop eggs and are potentially infected with West Nile virus. Service will be as directed for surveillance of the adult Culex mosquito population. Mosquito samples will be identified to species at our laboratory and delivered to Municipal Mosquito’s local, third party, and private laboratory for real-time RT-PCR virus testing. b. BG Sentinel Trap Surveillance for Emerging Arbovirus Vectors Aedes aegypti and Aedes albopictus adult mosquitoes are vectors for many known and emerging arboviruses such as Zika virus and Dengue. The BG Sentinel trap works differently than the Reiter Gravid trap and is designed to mimic human respiration selectively attracting Aedes spp. mosquitoes. Municipal Mosquito will set and collect BG Sentinel traps, at the City’s direction. These traps will be used to ascertain population densities of disease vector species. Trap catch information will be used to help determine disease response strategies and trapped mosquitoes may be tested for disease utilizing real-time RT-PCR. IV. DISEASE TESTING a. West Nile Virus Municipal Mosquito’s local third party laboratory confirms presence of mosquito borne WNV utilizing real time RT-PCR technology with results available within 24 to 48 hours. Test results are forwarded to Municipal Mosquito, compiled, and made available to City for disease response planning. Assay materials are archived onsite at the Laboratory facility so confirmation testing may be completed if directed. b. Emerging Arbovirus Diseases Municipal Mosquito’s local third party laboratory confirms presence of mosquito borne Zika virus, Chikungunya virus, Dengue, and other emerging arboviruses through real-time RT-PCR technology with results available within 24 to 48 hours. Test results are forwarded to Municipal Mosquito, compiled, and made available to City for disease response planning. Assay materials are archived onsite at the Laboratory facility so confirmation testing may be completed if directed. V. ADULT MOSQUITO CONTROL a. Pre-Treatment Operational Procedures Municipal Mosquito will follow strict integrated mosquito management guidelines and will only adulticide when authorized by the City and legally allowable according to product labeling. All adult mosquito control applications will be made only after written permission is obtained from the City and City staff shall notify Municipal Mosquito at least 24 hours prior to altering any previously agreed upon schedule(s). b. Product Municipal Mosquito currently utilizes a water based synergized permethrin formulation for Ultra Low Volume (“ULV”) adult mosquito applications and recommends mid-level labeled application rate of active ingredient per acre. Other materials, application rates, and chemical classes may be utilized for specialty applications and different rates may apply. City must advise Municipal Mosquito regarding the desired application rate at least 24 hours in advance of any requested fogging services. c. Adult Mosquito Control Equipment For street level and off-road UTV Mounted applications, Municipal Mosquito primarily utilizes industry standard ULV fogging equipment. For focused application techniques, Municipal Mosquito utilizes backpack ULV/misting machines and/or handheld Thermal Foggers from various manufacturers. During any adult mosquito application, technicians will record various events that occur during the application sequence, i.e. operator and/or vehicle identification, ground speed, “No Spray DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 9 Zones”, type of insecticide, total insecticide dispensed, and total area or distance treated. Municipal Mosquito application equipment is annually calibrated and analyzed for proper droplet pattern to insure correct operation and application. VI. MISCELLANEOUS a. Response Guarantee Municipal Mosquito guarantees a next business day response time for larval control and surveillance service requests. Adult Mosquito Control service requests are guaranteed 48 hours from time of notification for commencement of control operations. b. Private Property Access For all mosquito related activities, The City will obtain and/or furnish right-of-access on any Non-City-owned project site for Municipal Mosquito to perform any requested inspections, tests, surveillance, application, or investigation in relation to the Scope of Services. Municipal Mosquito will take reasonable precautions to avoid and/or minimize damage to the personal or real property in the performance of such inspections, tests, surveillance, applications, or investigations. Note: All defined terms within the Contract are hereby incorporated to this Attachment. DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 10 ATTACHMENT B FEE SCHEDULE Payment for all Contingent Mosquito Management Services shall be made based on the following fee schedule and upon the terms set forth in Section 5 of the Contract. Service Provided Item Price Consulting, Reporting, And Education Fee $500.00 per annum Service Provided Item Price CONTINGENT MOSQUITO MANAGEMENT AD HOC ADULT MOSQUITO SURVEILLANCE Reiter Gravid Trap (per trap event) -primary trap for West Nile virus vectors -identification (speciated and enumerated $125.00 each set and collection BG Sentinel Trap Set -primary trap for Aedes spp. mosquitoes -Zika virus and emerging arbovirus vector surveillance -identification (speciated and enumerated) $185.00 each set and collection TESTING Real time RT-PCR Disease Testing -a test pool is comprised of 50 eligible mosquitoes -fee based on Municipal Mosquito staff setting and collecting traps $50.00 per test pool $50.00 per additional test pool Insecticide Resistance Testing -CDC bottle bioassay method -staff trained by CDC personnel $450.00 per location LARVAL SURVEILLANCE AND CONTROL DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Contract for Mosquito Management Services – Page 11 Inspection Based Larvicide Application -public property, City owned property, private property as directed $135.00 per one hour DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 UTV Mounted Liquid Larviciding** -street level, alley, utility easement $185.00 per 0.25 (1/4) linear mile Back-pack Liquid Larviciding** -any area inaccessible to vehicles or where small-scale application is needed **liquid larviciding is an alternative means of delivering larval control materials from easements and alleys to backyards and cryptic breeding sources. This alternative delivery becomes necessary when physical access to private property (backyards) is difficult to obtain. $300.00 per 0.10 (1/10) linear mile ADULT MOSQUITO CONTROL Truck Mounted ULV Fogging - mid-label rate of application - water-based synergized permethrin product - ten mile minimum per fog event $42.00 per one linear mile UTV Mounted ULV Fogging - mid-label rate of application - water-based synergized permethrin product - two mile minimum per fog event $200.00 per one linear mile Backpack ULV Fogging -maximum rate of application Backpack Residual Mist -small scale application to areas inaccessible to vehicle $175.00 per 0.25 (1/4) linear mile at Thermal Fogging -maximum rate of application $250.00 per 0.25 (1/4) linear mile Residual Barrier Spray -residual application for heavy vegetation areas $80.00 per 200 linear feet Note: All defined terms within the Contract are hereby incorporated to this Attachment. Contract for Mosquito Management Services – Page 10 DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Exhibit C INSURANCE REQUIREMENTS AND WORKERS’ COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted:  Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better.  Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.  Liability policies shall be endorsed to provide the following:  Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers.  That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability.  Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers.  Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129  Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered.  Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.  Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:  Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage.  Coverage B shall include personal injury.  Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least:  Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures.  Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for:  any auto, or  all owned hired and non-owned autos. [X] Workers’ Compensation Insurance Contractor shall purchase and maintain Workers’ Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation Commission (TWCC). [X ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract (as provided in General Liability Policy). DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 ATTACHMENT 1 [X] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. DocuSign Envelope ID: 301E2E00-BE1E-4359-87C4-0E8537F98BD4DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Certificate Of Completion Envelope Id: 301E2E00BE1E435987C40E8537F98BD4 Status: Completed Subject: Please DocuSign: Contract #7707--Agreement 2021 Source Envelope: Document Pages: 19 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Crystal Westbrook AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 7/27/2021 3:16:25 PM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 7/27/2021 3:52:36 PM Viewed: 7/27/2021 3:53:02 PM Signed: 7/27/2021 3:55:28 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dustin Tyler Fair tyler@municipalmosquito.com Director of Operations Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 71.40.125.194 Sent: 7/27/2021 3:55:29 PM Viewed: 8/4/2021 10:49:03 AM Signed: 8/4/2021 10:49:52 AM Electronic Record and Signature Disclosure: Accepted: 8/4/2021 10:49:03 AM ID: d8bb06db-925a-4722-b548-f5c1c1dc4586 Stephen D. Gay stephen.gay@cityofdenton.com Director, Water Utilities Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/4/2021 10:49:54 AM Viewed: 8/4/2021 10:59:05 AM Signed: 8/4/2021 11:00:29 AM Electronic Record and Signature Disclosure: Accepted: 8/4/2021 10:59:05 AM ID: c56cf00f-7cd0-4a5c-a0f5-d1504a26057f Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 8/4/2021 11:00:30 AM Viewed: 8/4/2021 4:07:26 PM Signed: 8/4/2021 4:08:05 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 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 Debra Viera deborah.viera@cityofdenton.com Assist. Director Environmental Services Security Level: Email, Account Authentication (None) Sent: 8/4/2021 4:08:07 PM Electronic Record and Signature Disclosure: Accepted: 8/4/2021 3:59:45 PM ID: 43b77869-71e5-43cf-af51-1e64cc596c82 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 8/4/2021 4:08:07 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 7/27/2021 3:52:36 PM Certified Delivered Security Checked 8/4/2021 4:07:26 PM Signing Complete Security Checked 8/4/2021 4:08:05 PM Completed Security Checked 8/4/2021 4:08:07 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 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: Dustin Tyler Fair, Stephen D. Gay, Debra Viera DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 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. DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 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. DocuSign Envelope ID: B5198EB6-1109-4FB1-82A6-C2D796AC8129 Certificate Of Completion Envelope Id: B5198EB611094FB182A6C2D796AC8129 Status: Completed Subject: Please DocuSign: Contract #7707--Agreement 2022 Source Envelope: Document Pages: 27 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Crystal Westbrook AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 8/17/2022 2:33:04 PM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 8/17/2022 2:38:25 PM Viewed: 8/17/2022 2:38:34 PM Signed: 8/17/2022 2:40:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dustin Tyler Fair tyler@municipalmosquito.com Director of Operations Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 71.40.125.194 Sent: 8/17/2022 2:40:28 PM Resent: 8/22/2022 10:21:07 PM Viewed: 8/23/2022 10:48:15 AM Signed: 8/23/2022 10:48:30 AM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 10:48:15 AM ID: ce154484-6d8f-4e65-a7fe-a553f529db31 Michael Gange michael.gange@cityofdenton.com Director of Environmental Services & Sustainability Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/23/2022 10:48:32 AM Viewed: 8/23/2022 2:46:14 PM Signed: 8/23/2022 2:46:55 PM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 2:46:14 PM ID: 1746f095-ce7f-4d42-a8b9-e42d717b5b85 Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 8/23/2022 2:46:58 PM Viewed: 8/24/2022 7:46:37 PM Signed: 8/24/2022 7:46:52 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign 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 Debra Viera deborah.viera@cityofdenton.com Assist. Director Environmental Services Security Level: Email, Account Authentication (None) Sent: 8/24/2022 7:46:53 PM Electronic Record and Signature Disclosure: Accepted: 7/20/2022 9:02:44 AM ID: 5ce97e31-b4df-4eee-a8c8-166dbf76b2d5 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 8/24/2022 7:46:54 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 8/17/2022 2:38:25 PM Certified Delivered Security Checked 8/24/2022 7:46:37 PM Signing Complete Security Checked 8/24/2022 7:46:52 PM Completed Security Checked 8/24/2022 7:46:54 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: Dustin Tyler Fair, Michael Gange, Debra Viera 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.