Loading...
7353 - Contract Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance                     City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RFP 7353 STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT (the “Agreement”) is made and entered into on ________________________, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “OWNER” and Rizikon, Inc., with its corporate office at 39500 High Pointe Blvd, # 400, Novi, MI 48375, hereinafter called “CONSULTANT,” acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I CONSULTANT AS INDEPENDENT CONTRACTOR The OWNER has selected CONSULTANT on the basis of demonstrated competence and qualifications to perform the services herein described for a fair and reasonable price pursuant to Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT is customarily engaged to provide services as described herein independently and on a nonexclusive basis in the course of its business. This Agreement does not in any way constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to perform the services described herein based on the skills required for the scope of work in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, Safety Services, as described in Exhibit A, which is on file at the purchasing office and incorporated herein (the “Project”). ARTICLE II SCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner: A. To perform all those services set forth in CONSULTANT’s proposal, which proposal is attached hereto and made a part hereof as Exhibit B as if written word for word herein.           City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 2 of 11 B. CONSULTANT shall perform all those services set forth in individual task orders, as described in Exhibit B, which shall be attached to this Agreement and made a part hereof. C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, may be negotiated as needed. A. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. B. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). D. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. E. Visits to the site in excess of the number of trips included in Exhibit B. F. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. ARTICLE IV TIME OF COMPLETION CONSULTANT is authorized to commence work under this contract upon execution of this AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt and continuous manner, so as to not delay the completion of the Project in accordance with the schedules as described in Exhibit B. The contract shall remain effective until July 21, 2023, acceptance by an authorized representative of the OWNER, exhaustion of authorized funds as provided in Article V.B, or termination as provided in this Agreement, whichever occurs first.         City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 3 of 11 ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services related to this agreement. 2. “Direct Non-Labor Expense” is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail in Exhibit B which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non- labor expenses not to exceed $2,155,554.27. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III “Additional Services,” without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III. Payments for additional services shall be due and payable upon submission by the CONSULTANT and approval by the City staff, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT’s undisputed statement thereof, the amounts due the CONSULTANT will be paid interest in accordance with the Texas Government Code 2251.025. Additionally, the CONSULTANT may, after giving seven (7) days’ written notice to the OWNER,         City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 4 of 11 suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges. Nothing herein shall require the OWNER to pay the late charge if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide dispute concerning the amount due, or the invoice was not mailed to the address or in the form as described in this Agreement. The OWNER will notify CONSULTANT of any disputes within twenty-one (21) days of receipt of the invoice. E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE         City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 5 of 11 CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain insurance in compliance with the requirements of Exhibit C which is attached hereto and made a part of this Agreement as if written word for word herein. ARTICLE X ALTERNATIVE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation with each party bearing its own costs of mediation. No mediation arising out of or relating to this Agreement, involving one party’s disagreement may include the other party to the disagreement without the other’s approval. Mediation will not be a condition precedent to suit. ARTICLE XI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days’ advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than fifteen (15) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V “Compensation.” Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT         City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 6 of 11 shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing: To CONSULTANT: To OWNER: Rizikon, Inc. City of Denton Ryan Churella Purchasing Manager –RFP 7353 VP of Operations 901B Texas Street 39500 High Pointe Blvd., #400 Denton, Texas 76209 Novi, MI 48375 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days’ mailing. ARTICLE XIV ENTIRE AGREEMENT This Agreement and related exhibits constitute the complete and final expression of this Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,         City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 7 of 11 the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as those laws may now read or hereinafter be amended. ARTICLE XVII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin or ancestry, age, or physical handicap. ARTICLE XVIII PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XIX ASSIGNABILITY The CONSULTANT acknowledges that this Agreement is based on the demonstrated competence and specific qualifications of the CONSULTANT and is therefore personal as to the CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in         City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 8 of 11 writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A – RFP 7353 – Safety Services (on file at the purchasing office) Exhibit B – Consultant’s Proposal and Project Schedule Exhibit C – Consultant’s Insurance Requirements Exhibit D – CIQ - Conflict of Interest Questionnaire What is called for by one exhibit shall be as binding as if called for by all. In the event of an inconsistency or conflict in this Agreement and any of the provisions of the exhibits, the inconsistency or conflict shall be resolved by giving precedence first to this Agreement then to the exhibits in the order in which they are listed above. B. This Agreement shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Texas or federal law, where applicable, without regard to the conflict of law principles of any jurisdiction. In the event there shall be any dispute arising out of the terms and conditions of, or in connection with, this Agreement, the party seeking relief shall submit such dispute to the District Courts of Denton County or if federal diversity or subject matter jurisdiction exists, to the United States District Court for the Eastern District of Texas-Sherman Division. C. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be authorized. However, nothing herein shall limit CONSULTANT from using other equally qualified and competent members of its firm to perform the services required herein. D. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. F. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement.         City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 9 of 11 G. 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. ARTICLE XXII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE XXIII RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. ARTICLE XXIV Prohibition On Contracts With Companies Boycotting Israel Supplier 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, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier: (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.         City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 10 of 11 ARTICLE XXV 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, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier, 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. ARTICLE XXVI CERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The OWNER must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. ARTICLE XXVII PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall         City of Denton, Texas RFP 7353 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 11 of 11 render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this date______________________. CITY OF DENTON, TEXAS “OWNER” __________________________________ TODD HILEMAN, CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY BY: _______________________________ Rizikon, Inc, A MICHIGAN CORPORATION “CONSULTANT” BY: RYAN CHURELLA ITS: VP OF OPERATIONS _______________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: ___________________________                    ERICWAIDELICH Senior Account Executive E:ewaidelich@rizikon.net M: (313) 530-8251 39500 HIGH POINTE BOULEVARD SUITE 400 | NOVI, MI 48375 Providing services & solutions to your toughest problems INVITATION TO BID: City of Denton RFP #7353, SafetyServices, Amendment #1 Exhibit B        www.rizikon.net INVITATION TO BID: City of Denton Table of Contents PG. 3 PG. 5 PG. 6 PG. 9 PG. 10 PG. 12 PG. 13 PG. 14 PG. 15 PG. 16 PG. 17 PG. 21 PG. 22 PG. 23 PG. 24 PG. 25 PG. 26 2 Executive Summary Letter Section 1: Introduction Statement of Understanding Section 2: Services What differentiates Rizikon Section 3: Scope of Work Reports & Project Control Program Development Quality Training Programs Safety Committee Program & Process Rizikon Scope – RFP Requirements PLUS Section 4: Business Operations Hiring Process Organizational Chart Rizikon Staff Areas of Responsibility DME Safety Staff Collaboration Cost Structure         www.rizikon.net INVITATION TO BID: City of Denton EXECUTIVE Summary Letter 3         www.rizikon.net INVITATION TO BID: City of Denton Ryan Churella Vice President of Operations Rizikon, Inc. Letter From our VicePresident June 23,2020 Cori Power Buyer City of Denton 901-B Texas Street Denton, TX 76209 Re: RFP #7353, Safety Services, Amendment #1 Dear Ms. Stroman, Rizikon, a member of the FDI Group of Companies, appreciates the opportunity to provide a revised quote for municipal Safety Services. For the past 45 years, the FDI Group has worked to assemble a dynamic group of specialty service companies. As an organization dedicated to providing services to high risk organizations, we are guided by three dominant principles: Integrity, Continuity, and Innovation. Rizikon is committed to provide administrative and operational activities in support of the City’s safety structure, culture, and programs. Leveraging our industry knowledge and best practices to bring the City into regulatory compliance and beyond. The project deliverables will be accomplished in compliance with the scope of work. By submitting the offer, we are affirming that there is no organizational conflict of interest that would preclude the City from awarding the Offeror the contract, and no organizational conflict of interest, which would preclude the Offeror, including any and all team members, from performing the contract without a mitigation plan. We appreciate your consideration in utilizing our services and look forward to the opportunity serve you, should the opportunity arise. If you have any questions or require additional information, please do not hesitate to contact me at (877) 591-0300 or at rchurella@rizikon.net. Best regards, 4         www.rizikon.net INVITATION TO BID: City of Denton SECTION: 1 Introduction 5         www.rizikon.net INVITATION TO BID: City of Denton SECTION 1: Introduction Statement of Understanding Rizikon will be responsible for supplementing and enhancing the City of Denton Safety Management Program by providing detailed and comprehensive consultation and training services. Our qualified, technical and professional safety staff will work in close collaboration with the City of Denton. Rizikon will be responsible for developing and maintaining a high-performing safety program for the City of Denton facilities, worksites and properties. Rizikon will create and implement a methodical training program which supports the unique needs of each department. We will be responsible for generating and providing crucial reports and accurate records in a timely manner. In addition to developing and maintaining a high performing safety and training program, Rizikon safety professionals will provide management, safety audits (both regulatory and administrative), return to work, hiring and training (develop and administer) programs, generate work procedures, conduct job hazard analysis, hazard assessments, incident investigations BJSBOEOPJTF TBGFUZUFTUJOH and support the day-to-day safety needs of the City. 6         www.rizikon.net INVITATION TO BID: City of Denton PROVISIONS INCORPORATED, BY REFERENCE The offeror, Rizikon, Inc., represents, by this submission that it is in agreement with the requirements set forth in the provisions outlined in the solicitation 7353, entitled “Safety Services” and shall comply with the terms outlined therein. Furthermore, Rizikon, Inc. certifies and attests that the company profile is complete within the City of Denton, ionwave based electronic bidding and supplier-management system, eBid. COMPANY DESCRIPTION Working as a partner for governmental entities, tribal nations and commercial sector clients, Rizikon assists organizations maintain operational continuity and structural resilience through effective safety service and risk management programs. We actively work with clients on solutions which maximize efficiencies, reduce risk factors and maintain compliance with regulatory requirements in the most cost- effective manner possible. Rizikon professionals address risk within organizations, providing knowledge and a structure to understand and respond to operational conditions. We present opportunities for improvement with relevant risk insight delivered through common, integrated risk identification, analysis and management disciplines. We enhance each client’s organizational stability by organizing and strengthening governance, SECTION 1:Introduction ACKNOWLEDGEMENT We are in receipt of the requested revision to the proposal, herein referred to as Amendment 1, dated June 22 nd, 2020 at 6:18PM EST. 7         www.rizikon.net INVITATION TO BID: City of Denton refining decision making processes, and supporting a risk intelligent culture. The visual below does not represent our client history. Rather, it represents our “Active / Current” list of government clients, which include: ANCILLARYHEALTHCAREGOVERNMENT 5 Tribal Nations 19 Cities 38 Counties 2 Libraries 4 State Universities 8 K-12 Districts EDUCATION 8 Hospitals 4 Mental Health Authorities 3 Public EMS 30 Private EMS 9 Transportation Authorities 2 Housing Commissions 1 Judicial System 1 Office Emergency Management 1 Central Dispatch Authority SECTION 1: Introduction 8         www.rizikon.net INVITATION TO BID: City of Denton SECTION: 2 Services 9         www.rizikon.net INVITATION TO BID: City of Denton SECTION 2: Services What Differentiates Rizikon We are not a service provider but rather a partner who shares your goal of providing a safe productive work environment whereby the needs of the employees, the city and the community are best served. The difference is that when you include Rizikon as part of your safety team, you are accessing a family of organizations who specialize in safety, loss control, risk management, and case management. We are a network of professionals working together in support of your goal of a healthful work environment. Rizikon is committed to meeting the requirements outlined with the RFP, and more. The Safety Program solution that we provide is not limited to writing procedures, providing training and offering consultation on all things safety, which shall be done. But more importantly, it’s about working with the client to create a safety based 10         www.rizikon.net INVITATION TO BID: City of Denton culture. A workplace culture where safety is naturally woven into the day-to-day operations of the organization. When this is accomplished, the City will enjoy the operational efficiencies and financial benefits that accompany it. A key factor with achieving success is having the correct people on the team. There are many individuals whom hold the necessary degrees and certifications, but may not impart the proper work ethics, values or philosophies. Rizikon has no interest in simply finding safety technicians with the “right credentials”, and calling it a success. We are committed to actively seek out and hire the best person for each unique position, which will ultimately comprise the City of Denton Safety Team. Individuals who offer strong leadership while also believing in the value of teamwork. Possess a passion for the field of safety, an ambition to learn, utilize analytical problem-solving skills, and are of high character. Professionals who will conduct themselves professionally with the employees, residents and business owners throughout the community. Contrary to what would be deemed business logic, our organization does not necessarily seek to have a long-term presence within the City of Denton, but rather assist you in achieving self-reliance. Our proposal provides the City of Denton with the option to assimilate the Rizikon Safety Team into its own workforce, at the conclusion of each term. However, if the Safety Services operating model continues to be recognized as the best option for the City, we would be honored to support your safety needs for years to come. SECTION 2: Services 11         www.rizikon.net INVITATION TO BID: City of Denton SECTION: 3 Overview 12         www.rizikon.net INVITATION TO BID: City of Denton SECTION 3:Overview Scope ofWork As defined within the RFP Scope of Work document, Rizikon agrees to and shall perform the following tasks: 1. Development, implementation and review of current and future AIPPs 2. Certification of HANDS report 3. Risk assessment and control programs, (work side by side with the Risk Manager) 4. Safety management system guidance and assistance with implementation 5. Workplace safety inspections 6. Safety program development including steps required to move the City to a culture of safety 7. Employee injury investigation 8. Incident rate analysis including identification of recurring and repetitive injuries, near misses and mitigation recommendations 9. Job safety assessments 10. Industrial hygiene programs: a. Indoor air quality b. Job hazard assessment c. Hazard communication d. Respiratory protection e. Hearing conservation ... 13         www.rizikon.net 14 INVITATION TO BID: City of Denton SECTION 3:Overview f. Personal protective equipment g. Community right to know reporting h. Blood borne pathogens (BBP) i. Water borne pathogens such as Hep A and B 11. Educational and communication programs a. Deliver annual training to maintenance b. Specialized educational seminars c. Train the trainer programs d. In person and web based training programs development and delivery e. Annual wrap up report. REPORTS AND PROJECT CONTROL As defined within the RFP Scope of Work document, Rizikon agrees to and shall provide routine feedback on all tasks monthly or as otherwise specified by the City of Denton, to include: a. Task Plan. A work plan for each task that identifies the work elements, the resources assigned to the task, and the time allotted to each element and the deliverable items to be produced. The proposer must be able to assist with the advancement of comprehensive plans for reducing trends identified by the City of Denton. b. Status Report. A written monthly progress report covering activities, problems, and recommendations; the report should be keyed to the task plan developed by the Proposer in its proposal, as amended or approved by the City of Denton. The vendor will provide routine feedback through monthly progress reports to the City of Denton. c. Problem Identification Report. An “as required” report, identifying problem areas. The report will describe the problem and its impact on the overall project and on each affected task. The report will list possible courses of action with advantages and disadvantages of each. Rizikon will include recommendations with supporting rationale.         www.rizikon.net INVITATION TO BID: City of Denton c.... Assess hazards, evaluate, develop program improvements, conduct industrial hygiene and ergonomic evaluations and to provided agency specific training as necessary or as identified by The City of Denton. PROGRAM DEVELOPMENT, SAFETY INSPECTIONS/AUDITS AND GENERATION OF WORK PROCEDURES "TEFGJOFEXJUIJOUIF3'14DPQFPG8PSLEPDVNFOU 3J[JLPOBHSFFTUP BOEXJMMDSJUJDBMMZFWBMVBUFUIFJEFOUJGJFEIB[BSETBOEQSPQPTFDPOUSPM PQUJPOTXIJMFSFMBZJOHBMMQFSUJOFOUJOGPSNBUJPOUPUIF$JUZPG%FOUPO JOBOPSHBOJ[FEBOEUJNFMZNBOOFS3J[JLPOBHSFFTUPEFWFMPQJO XSJUJOHEFUBJMFEHVJEFMJOFT JEFOUJGZIB[BSETCBTFEPOTJUFJOTQFDUJPOT  BOEHFOFSBUFXPSLQSPDFEVSFT$POUSBDUPSTIBMMFWBMVBUFIB[BSETBOE QSPQPTFDPOUSPMPQUJPOTDPOTJTUFOUXJUIUIFTUBUFBOEGFEFSBM SFHVMBUJPOTPG04)" BOEDIBOHFTUP04)"4VCQBSU%5IF DPOUSBDUPSTUBGGXJMMBMTPCFUBTLFEXJUIHFOFSBUJOHVQEBUJOHPUIFS HVJEFMJOFTPSXPSLQSPDFEVSFTBOEDPOEVDUJOHSFMBUFETBGFUZ JOTQFDUJPOTBVEJUT 5IJTJODMVEFTDPOEVDUJOHTJUFBTTFTTNFOUTBUEFTJHOBUFEMPDBUJPOTUP FWBMVBUFQSBDUJDFT QSPDFEVSFT BOEDPOEJUJPOTUIBUNBZQSFWFOUPS FMJNJOBUFJOKVSZPSJMMOFTTBTJEFOUJGJFECZUIFPQFSBUJOHEFQBSUNFOUT TVDIBT5SBGGJD&OHJOFFSJOH0QFSBUJPOT%FQBSUNFOU 1BSLTBOE 3FDSFBUJPO %FOUPO.VOJDJQBM&MFDUSJD 8BUFS8BTUFXBUFS 4PMJE 8BTUF "OJNBM4FSWJDFT "JSQPSU0QFSBUJPOT 1PMJDF 'JSF 'BDJMJUJFT .BOBHFNFOU $PNNVOJUZ4FSWJDFT 4USFFUT %SBJOBHF 'MFFU 0QFSBUJPOT %FWFMPQNFOU4FSWJDFT )VNBO3FTPVSDFT -JCSBSJFT  1VCMJD8PSLT*OTQFDUJPOBOE3FBM&TUBUF SECTION 3: Overview 15         www.rizikon.net INVITATION TO BID: City of Denton QUALITY TRAINING PROGRAMS As defined within the RFP Scope of Work document, Rizikon will provide qualified technical and professional staff to create and deliver high quality training programs for some or all the following topics. Rizikon will prepare and execute in-person training sessions with qualified staff, utilizing video and virtual reality training where deemed cost effective, on the target date and provide attendance records to the City of Denton in an organized and timely manner. The Safety Training Coordinator, and others team members when required, will record and maintain individual employee training records in the City of Denton’s system of record. We acknowledge this required component of this aspect of the contractor’s work. Contractor’s training and tracking recommended systems and process will include integration with the City’s email system to provide notification to employees and their supervisors of upcoming training requirements and the dates by which such training must be accomplished. Our training materials are constantly updated to ensure they are current with OSHA, city and applicable industry best practices. In the appropriate circumstances, the contractor may provide connection to applicable on-line training for specific departments. The training courses should be comprehensive in nature, and in most cases include a hands-on component in addition to classroom training. The City will assist in facilitating any hands-on training by providing resources, equipment and facilities when needed. Rizikon incorporates testing in each training session and have established minimum acceptable passing grades that each employee must achieve in order to meet that specific training requirement. Rizikon will take the score of such testing for each employee and record it in the employee’s permanent training record in the city’s system of record. As discussed throughout this proposal, Rizikon shall review each job classification and establish minimum safety training requirements applicable to that position consistent with applicable best practices for each department of the city. Rizikon shall work with city HR staff to document such required training into the position descriptions so that all new employees receive the requisite safety training for their position in a timely manner as part of the on-boarding process and/or probationary period. SECTION 3:Overview 16         www.rizikon.net INVITATION TO BID: City of Denton SAFETY COMMITTEE PROGRAM & PROCESS Rizikon will form a City of Denton Safety Committee which will be chaired by the Director. We recognize responsibilities of the Safety Committee will include, but not be limited to the following: •Act as an advisory committee to the Rizikon’s safety staff and help our team understand the operations and organization of the City departments and how to achieve the safety culture objectives of the City; •Review the proposed safety programs and systems recommended by Rizikon and provide feedback and approval before implementation; •Assist Rizikon in accident investigations and mitigation plans; •Review the performance of the Contractor and progress towards the Task Plan; and other duties and roles as determined by the consensus of the Safety Committee The membership of the Safety Committee shall include representatives from each functional area of the City. The membership shall include a cross section of City personnel including Department Heads, Managers, Supervisors and front-line employees. Subcommittees shall be established by the Safety Committee to focus on specific safety topics. SECTION 3:Overview 17         www.rizikon.net INVITATION TO BID: City of Denton SECTION 3: Overview Rizikon Scope The following action items were designed to further enhance the Scope of Work, as written. These examples provide insight as to the additional value we seek to bring to the City of Denton. Our goal is to exceed the minimum requirements as set forth by OSHA, and place the City is a position of possibly seeking recognition (certification), such as ISO 45001. PROCESSES: POLICIES, PROCEDURES AND PROTOCOLS 1.Update and/or develop regulatory required procedures and plans. Each of these procedures will have CRRGPFKEGUVJCVCTGURGEKƂEVQVJGFGRCTVOGPVUVJG[CHHGEV'CEJYKNNJCXGCVTCKPKPIRTQITCOFGXGNQRGF with post-class assessment tools for record-keeping purposes. 2.Generate new safety-based operating protocols by focusing on connecting or extending existing RTQEGFWTGUVQTGCNYQTNFEQPFKVKQPUEQOOQPN[HQWPFKP%KV[QYPGFHCEKNKVKGUQTKPVJGƂGNF 3.Assess integration of capabilities and linking of resources to take advantage of available in-house expertise CPFQRGTCVKQPCNGHƂEKGPEKGU 4.Continuous improvement program - evaluating assets, resources and capabilities to look for opportunities to improve how the City works internally, and with other stakeholders through process redesign. Emphasize safety objectives and how processes relate to them. 18         www.rizikon.net INVITATION TO BID: City of Denton INJURY PREVENTION & LOSS REDUCTION FIELD OPERATIONS & SUPPORT COMMUNICATIONS & OUTREACH 1.Promote continuous improvement and effective mitigation of potential hazards through improved reporting and tracking of incidents and near misses, analysis of root causes that focus on system failures rather than individual errors, and dissemination of safety information that helps others learn from prior mishaps. 2.Develop & Implement Safety Metrics & Dashboard Tools: Build upon current software systems and revise the incident reporting process; develop metrics and dashboards to improve decision making and help the departments and the City leaders focus safety related efforts. 3.Proactive Safety Interventions: Shift focus of injury reduction efforts towards more proactive interventions aligned with the safety industries best practices. Coordinate with City Leadership, Department Directors, representatives of the “CareHere!” employee wellness program, Risk Management, and Human Resources. 1.Develop Expectations for Field Operations Safety: Establish institutional ‘Expectations for Field 1RGTCVKQPU5CHGV[oUQVJCVVJGTGKUCEQOOQPWPFGTUVCPFKPIQHVJGFGƂPKVKQPQHGZEGNNGPEGYKVJKPVJGUG departments. These expectations will serve as a management framework that emphasizes risk assessment, implementation of controls, and sharing of lessons learned as foundational elements across all disciplines. 2.Managers Onboarding: Create a cohesive onboarding process for managers that reinforces the concept of safety as a core value at the City of Denton, introduces the framework for managing safety, and communicates that resources, including health & safety, are available to help make them successful. We recommend the OSHA 30 Hour class, but not less than the OSHA 10 Hour class. 3.+PETGCUG(KGNF2TGUGPEG+PVGTCEVKQP'ZRCPFQWVTGCEJGHHQTVUVQƂGNFETGYUYKVJVJGKPVGPVQH strengthening working relationships and expanding hands-on problem solving. Ensure Health & Safety staff has a visible presence and an active and ongoing working relationship with crews and their activities GPICIKPIKPOQFGTCVGQTJKIJJC\CTFQRGTCVKQPU1WTKPVGPVKUVQDGXKGYGFD[VJGƂGNFETGYUCPFVJG workforce-at-large as an extension of their teams. 1.Targeted Communications: Align communications efforts to provide operationally useful safety-related information when, where, and how it is most needed by the City. 2.Behavior-Change Based Marketing Techniques: Use of more progressive communications techniques to reinforce the concept that safety is the “social norm” and is a “core value” within the City of Denton. Efforts should be focused on techniques that facilitate behavior change, encourage interaction and discussion, and lead to a more collaborative safety environment. 3.Leverage Existing Communication Channels: Cohesive messaging that will leverage existing programs, trainings, subject matter expertise, and one-on-one interactions to impact how safety programs are implemented in the City. SECTION 3: Overview 19         www.rizikon.net INVITATION TO BID: City of Denton CONTINUITY PLANNING & EMERGENCY PREPAREDNESS 1.Establish Planning Teams: Enhance existing life safety and response planning through the development of interdisciplinary planning teams. 2.Facilitate Continuity Planning: Reduce the impact of disruptive events by minimizing downtime, reducing ƂPCPEKCNKORCEVCPFTGUVQTKPIQVJGTETKVKECNQRGTCVKQPUKPCVKOGN[OCPPGT 3.Emergency Response Exercises: Regularly conduct exercises for each of the departments and emergency responders to inform, challenge, and test response and continuity plans. SECTION 3: Overview 20         www.rizikon.net INVITATION TO BID: City of Denton SECTION: 4 Business Operations 21         www.rizikon.net INVITATION TO BID: City of Denton SECTION 4: BusinessOperations Hiring Process In support of Rizikon’s commitment to building a partnership with the City of Denton, it would be our intent of introducing each of the candidates to key city staff, allowing you the opportunity to participate in the hiring process. This includes, but not limited to the City of Denton HR Director, Director of Risk Management andthe Executive Staff. ONSITE PERSONELL Based on the size of the City, the number of departments that exist, the wide ranging skillset of the of workforce, the signiicant undertaking of launching a new safety program, and in meeting the ive goals (KPl's) of the City Leadership et al, we would like to present the followingproposal: Rizikon will staff the four positions which would comprise the City of Denton Safety Department. Furthermore, Rizikon will collaborate and coordinate with DME Leadership in the use of the two DME safety personell. The mutual goal being the safety of the City employees. 22         www.rizikon.net 23 INVITATION TO BID: City of Denton PROPOSED ORGANIZATIONAL CHART ASSISTANT CITY MANAGER Sara Hensley SAFETY SPECIALIST COMMUNITY SERVICES & PUBLIC WORKS SAFETY PROGRAM SUPERVISOR - DME SAFETY & TRAINING SPECIALIST - DME SAFETY TRAINING COORDINATOR SAFETY SPECIALIST WATER, WASTEWATER & SOLID WASTE LEADERSHIP STAFF SECTION 4: BusinessOperations WORFORCE LEVELING: With the City’s approval, Rizikon may utilize off-site employees to augment the onsite staff if determined to be more cost effective to the city. Such off-site staff shall be under the direction of the Director and shall be utilized as deemed appropriate to prosecute the Task Plan in the most cost-effective manner. In the event that workload demand requires, Rizikon shall recommend additional on-site personnel to the City if needed to accomplish items in the approved Task Plan. DIRECTOR OF SAFETY TBD         www.rizikon.net INVITATION TO BID: City of Denton BREAKDOWN OFDUTIES3*;*,0/45"''&% SAFETY DIRECTOR • Safety Department • Safety Program Development, Implementation & Oversight SECTION 4: BusinessOperations SAFETY TRAINING COORDINATOR • Liaison with Police & Fire Training Coordinators • All other Departments SAFETY SPECIALIST WATER, WASTE WATER & SOLID WASTE • Water Distribution • Water Metering • Water Production • Wastewater Collections • Wastewater Field Services • Water Lab • Water Reclamation • Industrial Pre-treatment • Solid Waste •Drainage • Vehicle Wash Facilities • Renewable Facilities SAFETY SPECIALIST COMMUNITY SERVICES & PUBLIC WORKS • Streets • Traffic • Facilities • Technology Services • Warehouse • Building Inspections • Animal Services •Airport • Fleet • Library • Community Improvement Services • Parks & Recreation • Liaison – Fire Department. Safety Officer • Liaison – Police Dept. Safety Officer • Stand-in for Safety Director 24         www.rizikon.net 25 INVITATION TO BID: City of Denton BREAKDOWN OF DUTIES – COLLABORATION BETWEEN DME & RIZIKON THE CONTRACT MODEL WOULD BE AS FOLLOWS: •TThe contract period | Three years, with two 1-year options. The option years are fully at the discretion of the City. •IIncorporation Option | At the conclusion of each term period, the City has the option to assimilate the Rizikon staff assigned to the City of Denton, into its own workforce. In the event that the City chooses to acquire the team, there is a fee which equates to 2% of the value of the contract. •WWorkforce Balance Option | At the conclusion of each term period, the City has the right to increase or decrease the size of the safety staff workforce. SECTION 4: BusinessOperations • Administration • Power Supply Administration • Energy Management • Energy Services •Regulatory &Risk • Energy Center SAFETY PROGRAM SUPERVISOR - DME • Operations & Maintenance • System Operations • Distribution • Substations • Engineering • Meter Operations • Communications • DME Contractors • DME Vendors • Administration • Energy Management • Operations & Maintenance SAFETY & TRAINING • System Operations • Distribution SPECIALIST - DME • Substations • Engineering • Meter Operations • DME Contractors • DME Vendors To help manage costs to the City, Rizikon understands they may utilize the DME safety employees to augment the contractor staff to the extent they have the time available to provide needed assistance. Rizikon further understands that it shall coordinate specific assignments to the DME safety specialist with DME management.         www.rizikon.net INVITATION TO BID: City of Denton VENDOR’S INTERIM ON-SITE DIRECTOR Rizikon is committed to ensuring that the needs of the City of Denton are best served. Should Rizikon be chosen for the Safety Services contract, Eric Waidelich will perform the duties of On-Site Director on an interim basis, until such time that the permanent On-Site Safety Director candidate is approved by the City, hired by Rizikon and officially on-boarded into the position. Eric Waidelich will then assume the duties of Senior Account Manager, and will remain actively involved in our service to the City of Denton, to include the hiring process of the other Safety Services Team member positions. COST STRUCTURE Our largest base of clientele are governmental entities. As a result, we understand the importance of transparency. Should the City deem it prudent or necessary, Rizikon is supportive of having this proposal viewed by any person or party, both private and public. We are proud of the quality of service we provide and the value we bring to our clients. We have included a schedule which provides our actual costs based on the average salary for the various positions sought by the City of Denton. The salaries by position are industry averages and should not be recognized as the actual proposed amounts. The base pay for these positions may be slightly higher or lower, dependent upon local market factors. As part of the Rizikon Safety Team staffing-up process for this project, the City of Denton shall have the opportunity to meet the candidate, will be aware of each intended hire and the base pay associated with that individual. SECTION 4: Business Operations 26         www.rizikon.net INVITATION TO BID: City of Denton SECTION 4: BusinessOperations The proposal includes a twenty-seven and one half percent (27.5%) margin to account for in-direct costs not otherwise specified in the document with the remainder being recognized as profit. Examples of “not otherwise specified” expenses includes safety team members receiving further professional development, specialized training and/or certification, additional personal protective equipment, and additional technology based devices or services. Historically speaking, we anticipate that these types of expenses account for approximately seven and one half percent (7.5%) of the value of a project. RIZIKON SAFETY PROFESSIONAL STAFFING WAGE SCALE MODEL DESCRIPTION SPECIALIST 1 SPECIALIST 2 DIRECTOR Base Wage $75,000 $85,000 $105,000 Social Security, Medicare, FUTA, Unemployment and Life Insurance (50k)$6,357.60 $7,122.60 $8,652.60 Employer Cost of Benefits (Medical, Dental and Vision) $15,999.12 $15,999.12 $15,999.12 Employer Operational Support Expense (HR, payroll, benefits management, IT, cellular, EAP, PTO, personal protective equipment, boots, project management, etc.) $6,740 $6,740 $6,740 Company Incurred Hard Costs $104,096.72 $114,861.72 $136,391.72 Indirect Costs & Profit Margin 27.5% 27.5% 27.5% Annual Fee By Skill Level $132,723.32 $146,448.69 $173.899.44 27         39500 HIGH POINTE BOULEVARDSUITE 400 | NOVI, MI 48375 (888) 298-9043 www.rizikon.net         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: x 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. x 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. x Liability policies shall be endorsed to provide the following: ƒ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. ƒ 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. ƒ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers.         x 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. x 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. x 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. x 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: x Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. x Coverage B shall include personal injury. x 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: x 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. x Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [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: x any auto, or x 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). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an “occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required.         [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications.         ATTACHMENT 1 [] 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. 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 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.         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                        Certificate Of Completion Envelope Id: D51E94DF025443A088A60852A588BFBB Status: Completed Subject: Please DocuSign: City Council Contract 7353 Safety Services Source Envelope: Document Pages: 48 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 6/26/2020 8:09:39 AM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 6/26/2020 12:02:26 PM Viewed: 6/26/2020 12:02:37 PM Signed: 6/26/2020 12:04:37 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: 198.49.140.10 Sent: 6/26/2020 12:04:40 PM Viewed: 6/26/2020 1:13:50 PM Signed: 6/26/2020 1:44:08 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 6/26/2020 1:44:11 PM Viewed: 6/30/2020 2:18:13 PM Signed: 6/30/2020 2:49:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ryan Churella rchurella@compone.net Vice President of Operations Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 73.145.164.92 Sent: 6/30/2020 2:49:37 PM Viewed: 7/1/2020 7:35:32 AM Signed: 7/1/2020 11:14:46 AM Electronic Record and Signature Disclosure: Accepted: 1/15/2020 10:15:13 PM ID: ce16b63f-9f39-4c43-ac9d-30eaf43fe82d Signer Events Signature Timestamp Sara Hensley sara.hensley@cityofdenton.com Assistant City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/1/2020 11:14:50 AM Viewed: 7/1/2020 11:19:09 AM Signed: 7/1/2020 11:19:50 AM Electronic Record and Signature Disclosure: Accepted: 7/1/2020 11:19:09 AM ID: 9b2df0fe-6a0c-4880-bb03-8199abdab6f2 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: 7/1/2020 11:19:54 AM Viewed: 7/22/2020 9:08:59 AM Signed: 7/22/2020 9:09:13 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.186.196.49 Sent: 7/22/2020 9:09:17 AM Viewed: 7/22/2020 9:14:11 AM Signed: 7/22/2020 9:14:17 AM Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 7/22/2020 9:14:20 AM Viewed: 7/22/2020 12:39:38 PM Signed: 7/22/2020 12:40:21 PM Electronic Record and Signature Disclosure: Accepted: 7/22/2020 12:39:38 PM ID: abae032b-50a5-4e6e-8927-3714e24d0906 In Ierson Signer Events Signature Timestamp Editor DeliverI Events Status Timestamp Igent DeliverI Events Status Timestamp IntermediarI DeliverI Events Status Timestamp Certified DeliverI Events Status Timestamp CarIon CopI Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 6/26/2020 12:04:40 PM Electronic Record and Signature Disclosure: CarIon CopI Events Status Timestamp Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 7/1/2020 11:19:54 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolaina Parker Zolaina.Parker@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 7/22/2020 12:40:25 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Assistant City Manager Security Level: Email, Account Authentication (None) Sent: 7/22/2020 12:40:26 PM Electronic Record and Signature Disclosure: Accepted: 7/1/2020 11:19:09 AM ID: 9b2df0fe-6a0c-4880-bb03-8199abdab6f2 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 7/22/2020 12:40:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Iitness Events Signature Timestamp IotarI Events Signature Timestamp Envelope SummarI Events Status Timestamps Envelope Sent Hashed/Encrypted 7/22/2020 12:40:27 PM Certified Delivered Security Checked 7/22/2020 12:40:27 PM Signing Complete Security Checked 7/22/2020 12:40:27 PM Completed Security Checked 7/22/2020 12:40:27 PM IaIment 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. "  "#  !!#  "       "! " $ #  !$!! !$ 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.