6450 - Contract for Splash Park at the City of Denton Carl G. Young Park - Signed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Contract Value
Piggy Back Option
Contract Expiration
DocuSign Envelope ID: B8305457-217F-470E-81E2-1D34B1D78416
no
6450
Splash Park -Carl G. Young Park
Jody Word
File
$252,093.97
6/6/17
N/A
Contract 6450
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND KRAFTSMAN COMMERCIAL
PLAYGROUNDS AND WATER PARKS
(CONTRACT # 6450)
THIS CONTRACT is made and entered into this date , by
and between Kraftsman Commercial Playgrounds and Water Parks a __________________,
whose address is 19535 Haude Road, Spring, TX 77388, hereinafter referred to as "Contractor,"
and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home-Rule City,
hereinafter referred to as "City," to be effective upon approval of the Denton City Council and the
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 construction services in accordance with the City’s
Contract # 6450 – Splash Park at the City of Denton Carl G. Young Park, a copy of which is on
file at the office of Purchasing Agent and incorporated herein for all purposes as “Exhibit B”. 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) General Provisions-Standard Terms and Conditions (Exhibit “B”);
(c) Payment and Performance Bond Requirements (Exhibit “C”);
(d) Insurance Requirements (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit “E”);
(f) Contractor’s Proposal. (Exhibit “F");
(g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G")
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 this written Contract, and then to the Contract documents in the sequential order in which
they are listed above. These documents shall be referred to collectively as “Contract Documents.”
IN WITNESS WHEREOF, the parties of these presents have executed this Contract in
the year and day first above written.
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Partnership
June 6, 2017
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713-703-9694
Kraftsman LP
Korey Soderberg
2017-217328
Koreys@kppe.com
6/1/2017
Vice President
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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.
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:
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Contacts ReportQuote #Q56955
Page: 1
5/25/2017Date:
Project:
By:Pat Kennedy
15260
Kraftsman
COMMERCIAL PLAYGROUNDS &
WATER PARKS
19535 Haude Road
Spring TX 77388
281-353-2265Fax:
281-353-9599Phone:
Product DescriptionQty Unit Price Ext. PriceSizeWeightColor
Jim Mays
Denton SplashPark - Gene Young Park
Denton
601 E. Hickory
TX 76205Sold To:Denton, City of
940-349-7465
Phone:Fax:
Percentage Completed Draws Monthly
Terms:Ship To:Denton SplashPark - Gene Young Park
Denton TX
Denton, City of
327 Wood Street
Jim Mays
940-349-7465
Main Phone:
940-391-2247
Mobile Phone:
Vendor #1009200
SplashPark Proposal
Drawing W13949
Ver 1, Opt B
dated 3.01.16
Based on design for Project #15260,
by Water Odyssey drawing
#W13949.1.B; dated 3-01-16
C001 ColorCast™ Spin Flower with Magic
Flow™ stainless steel jet streams By
Water Odyssey
1 27,986.00 27,986.00
W004C Daddy Long Legs™, Water
Conserving. By: Water Odyssey.
1 3,132.00 3,132.005 to 9
W036C Baby Long Legs™, Water Conserving.
By: Water Odyssey.
1 1,464.00 1,464.003
W040-ST Water Web™ with Wired Activator
Button. By: Water Odyssey.
1 6,454.00 6,454.008-16
W085 Splash-O-Lator™. By: Water
Odyssey.
1 1,628.00 1,628.007
W093 Water Weave™. By: Water Odyssey.1 3,802.00 3,802.0014
W280 Popp Dropp™ By: Water Odyssey.2 1,464.00 2,928.003
Approx. Total Flow Rate: 79 GPM
WMF-08P Water distribution Manifold, Flanged
4" Stainless Steel Manifold for Wall
Mount Installation w/pressure gauge,
drain valve, water hammer arrestor,
(2) Full Flanged 4"S inlet
connections; (8) discharge
assemblies each w/(1) true union ball
valve and (1) 24VAC glass filled
plastic solenoid valve. NOTE: Water
pressure to the manifold must not
exceed 50 psi. The installer must
ensure this requirement is met. By
1 13,459.00 13,459.00
DSC-8-16 Dynamic Sequence Controller with 8
hard-wired inputs and 16 outputs
mounted in a NEMA4X housing. By:
Water Odyssey.
1 8,550.00 8,550.00
Exhibit F
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Exhibit F
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Exhibit F
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Exhibit F
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Exhibit F
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Exhibit F
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PO#:
WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT
CONDITIONS OF SALE
1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an
extra charge over and above the contract.
2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee
of 25% plus freight charges incurred for return to original shipment origination.
3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to
enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is
not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to
Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive
any damages or costs due as awarded by the court.
4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County.
5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and
workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications .
6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors.
7. A service charge of 1.5% per month will be assessed on all past due amounts.
8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express.
9. Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra
installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance
coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate
in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional
insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and
material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal.
10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during
installation. It is the customers responsibility to locate all underground utilities.
11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the
property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our
office and we will provide a quote if not included as a line item within this proposal.
12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days.
Thank You! We Appreciate Your Business!
Sold To:Denton SplashPark - Gene Young ParkShip To:
Respectfully Submitted: ______________________________________
Pat Kennedy
Acceptance of Proposal:
The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through
probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees
incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract.
Authorized Signature: _________________________________
Authorized Signature: _________________________________
Date of Acceptance: _________________________
May 25, 2017 Date:
Printed Name & Title : _________________________________
Printed Name & Title : _________________________________
Denton, City of
Percentage Completed Draws MonthlyTerms:
Exhibit F
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Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - 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 section 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
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 176.001(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
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G
None
None
X
X
NONE
6/1/2017
X
X
Certificate Of Completion
Envelope Id: B8305457217F470E81E21D34B1D78416 Status: Completed
Subject: Please DocuSign: City Council Contract 6450
Source Envelope:
Document Pages: 89 Signatures: 5 Envelope Originator:
Supplemental Document Pages: 0 Initials: 0 Karen E. Smith
Certificate Pages: 6
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US &
Canada)
Payments: 0 karen.smith@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
6/1/2017 1:53:23 PM
Holder: Karen E. Smith
karen.smith@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Karen E. Smith
karen.smith@cityofdenton.com
Interim Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 6/1/2017 2:10:08 PM
Viewed: 6/1/2017 2:10:23 PM
Signed: 6/1/2017 2:11:17 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Korey Soderberg
Koreys@kppe.com
Vice President
Kraftsman LP
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 67.200.231.50
Sent: 6/1/2017 2:11:19 PM
Resent: 6/1/2017 5:42:43 PM
Viewed: 6/1/2017 7:01:21 PM
Signed: 6/1/2017 7:22:21 PM
Electronic Record and Signature Disclosure:
Accepted: 6/1/2017 7:01:21 PM
ID: 3e2b6c05-3ecc-4dce-a658-563cfcb17f81
Jennifer DeCurtis
jennifer.decurtis@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 71.91.169.103
Signed using mobile
Sent: 6/1/2017 7:22:27 PM
Viewed: 6/1/2017 8:21:52 PM
Signed: 6/1/2017 8:22:47 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia Winkley
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 6/1/2017 8:22:50 PM
Viewed: 6/2/2017 8:22:08 AM
Signed: 6/7/2017 8:26:49 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 70.196.4.235
Signed using mobile
Sent: 6/7/2017 8:26:55 AM
Viewed: 6/7/2017 8:29:37 AM
Signed: 6/7/2017 8:29:48 AM
Electronic Record and Signature Disclosure:
Accepted: 2/8/2017 6:52:51 PM
ID: 8154723a-9757-4d53-a4b5-794656233671
Jennifer Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 6/7/2017 8:29:51 AM
Viewed: 6/8/2017 11:21:56 AM
Signed: 6/8/2017 11:22:17 AM
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
Sherri Thurman
sherri.thurman@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 6/1/2017 7:22:24 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia Winkley
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 6/1/2017 7:22:25 PM
Viewed: 6/7/2017 8:25:50 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 6/7/2017 8:26:52 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robin Fox
Robin.fox@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 6/7/2017 8:26:53 AM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Accepted: 10/9/2015 1:39:51 PM
ID: 04463961-03db-4c4d-9228-d660d6146ed6
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 6/8/2017 11:22:21 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 6/8/2017 11:22:22 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Herman Lawson
herman.lawson@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 6/8/2017 11:22:23 AM
Viewed: 6/8/2017 11:23:08 AM
Electronic Record and Signature Disclosure:
Accepted: 8/11/2015 3:16:56 PM
ID: c1ff2170-cbcd-401e-ab74-8bd3b4e69c87
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/8/2017 11:22:23 AM
Certified Delivered Security Checked 6/8/2017 11:22:23 AM
Signing Complete Security Checked 6/8/2017 11:22:23 AM
Completed Security Checked 6/8/2017 11:22:23 AM
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: 4/20/2015 9:25:38 AM
Parties agreed to: Korey Soderberg, Todd Hileman, Robin Fox, Herman Lawson