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8291 Indoor Range Metal Recycling-Executed Agreement Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration DocuSign Envelope ID: 904F6965-F64F-483E-8A70-C2632A703C65 8291 Indoor Range Metals Recycling Ginny Brummett N/A Action Target Inc. c/o Diana Rotolo 3411 S. Mountain Vista Pkwy Provo, Utah 84606 Tel: (801) 377-8033 Fax: (801) 377-8096 METALS RECYCLING CONTRACT - LE THIS CONTRACT (“Agreement”) between Action Target Inc. and its subsidiaries, assigns, and contractors on the one hand (“ATI” or the “ATI Parties”) and Customer (identified on this page below) on the other hand is effective as of the date signed by the Parties below (the “Effective Date”) and includes the Attachments. ATI and Customer are sometimes referred to each as a "Party" or together as "Parties". This Agreement includes this cover page and Attachments 1. By signing, Customer authorizes ATI to use credits generated pursuant to this Agreement to pay invoices payable by Customer to Action Target for the Range Services provided by Action Target until Customer rescinds such authorization. “Customer”: Name: Address: City/State/Zip: Tel: Fax: Authorized Agent: Email: AUTHORIZED: ACTION TARGET INC. ACCEPTED AND AGREED: CUSTOMER:_______________________________________________ Authorized Signature Authorized Signature Printed Name and Title Printed Name and Title Date of Authorization Date of Acceptance DocuSign Envelope ID: 904F6965-F64F-483E-8A70-C2632A703C65 City of Denton 940-349-7100 City of Denton 6/16/2023 Ginny Brummett Denton, TX 76209 N/A allen.zant@cityofdenton.com Buyer 901B Texas Street Allen Zant Program Manager Diana Rotolo x ATTACHMENT 1 TERMS AND CONDITIONS SECTION 1. TERM. The initial Term of this Agreement begins on the date both parties sign and ends on December 31 of that year. During the Term, Customer cannot accept payment or payment-in-kind from any entity or person other than ATI for services similar to the Service offered pursuant to this Agreement. At the conclusion of the Term and each subsequent Term, this Agreement will automatically renew for one calendar year and can only be canceled by either Party by providing written notice at least 30 days before the end of the Term. If no written notice is provided at least 30 days before the end of any given Term, the Agreement will continue another Term. SECTION 2. SERVICES TO BE PERFORMED. ATI will remove or cause to be removed expended brass cartridge scrap and range lead scrap (the “Service”) from the Customer’s range. a. Scheduling. Customer must contact ATI at 801-876-2442 or via email at recycle@actiontarget.com to schedule each Service. The date of service will be subject to ATI’s availability to perform the Service and will be arranged within 3 business days of the request. b. Packaging Requirements. Lead and brass must be separately identified, separately packaged, and on separate pallets. 1. Brass Packaging. Customer must have all brass materials on pallets in either 55-gallon drums or Gaylord boxes with the top covered (stretch wrap or cardboard is okay). If the materials are in drums, the drums must be strapped to pallet. Drums should be filled to capacity. 2. Range Lead Packaging. Customer must have all range lead on pallets in sealed 55-gallon drums. Drums should be filled to capacity. Drums must be strapped to a pallet with one drum per pallet. Drums sent to you by Action Target will be on single drum pallets. Please use these for lead drum shipments. 3. Order Packaging. Customer may order 55-gallon drums, Gaylord boxes, pallets, or super sacks by contacting ATI. Customer will pay for all other packaging including five-gallon buckets (if required). c. Lead Quality. Pricing is based on clean, indoor range steel trap lead with no other contaminants, e.g., rubber. No floor sweepings or live rounds are to be present with lead. d. Brass Quality. If any non-brass casings are fired on site, ATI will deduct this contaminant from brass and deduct from final weight confirmation. Small amounts of Shot shells and standard range sweeps may be in brass and is considered normal and expected, however, for large amounts of this material, after the sortation process, they must be disposed of as hazardous waste. We will deduct the following environmental fees to offset the treatment and disposal costs: $1.75/LB for sweeps, environmental fee will be charged for treatment and hazardous waste disposal. $0.40/LB for shot shells, environmental fee will be charged for hazardous waste disposal. e. Weight Limits. To receive the credit amount listed below the minimum weight for which service should be scheduled is 4,000 lbs. Weights from 3,000 to 3,999 lbs. will receive the price listed below minus $.06 per lb. Weights from 2,999 lbs. or below will get a $0.10 per lb. premium and shipping will be deducted from final settlement. The maximum per pallet weight is 4,000 lbs. per pallet. Customer is encouraged to utilize maximum weights when possible. f. Credit. A Final Weight Confirmation Report will be emailed to Customer within one week of receipt of metals at receiving warehouse (transit time from pickup to warehouse is generally 3–7 days). Upon receipt of the Report, Customer may contact ATI and elect either (1) a Credit (plus 10% as discussed below) towards the Action Target Store, Action Target Equipment, or Action Target Services; or (2) a check; however, a check and credit may not be combined. If Customer elects a check, the check will be mailed to Customer within 30 days after receiving the Report in an amount as calculated below, subject to a possible deduction as stated herein. If Customer elects a credit, Customer will receive the Credit—in the amount the check would have been plus 10%—immediately after notifying Action Target as stated in the Report. If the customer has any outstanding unpaid balances with ATI, credit may be used to pay towards these balances. Notwithstanding anything herein, Credits expire after 24 months of Customer’s receipt. 1. Brass shell credit. Customer will receive 54% of the copper price (per pound, brass shells received) that is published on The London Metal Exchange (www.LME.com) for the day Customer schedules the Service. 2. Steel Trap lead credit. Customer will receive 45% of the lead price (per pound of range lead received) that is published on The London Metal Exchange (www.LME.com) for the day Customer schedules the Service. 3. Rubber berm trap lead credit. Customer will receive 39% of the lead price (per pound of range lead received) that is published on The London Metal Exchange (www.LME.com) for the day Customer schedules the Service. RBT Service Contract must be signed for RBT cleaning by ATI. DocuSign Envelope ID: 904F6965-F64F-483E-8A70-C2632A703C65 LME.com displays prices in dollars per metric ton. To convert to dollars per pound, use the following Credit Conversion Formula: Steel Trap Range lead: (LME Price * 45%) / 2204.6 = price per pound Rubber Berm Trap Range lead: (LME Price *39%) / 2204.6 = price per pound Brass: (LME Price * 54%) / 2204.6 = price per pound For example, if LME.com gives the lead price as $2,223, multiply that by 45%, which equals $1,000.35. Then to convert to dollars per pound, divide that by 2204.6. This gives you a price of $0.45 cents per pound with a minimum 4,000 lbs. Weights from 2,000 to 3,999 lbs. would receive $0.39 per lb. and weights over 10,000 lbs. will receive an increase as set forth in Attachment 2. ATI will pick up lead dust and will provide a credit of $.01 per pound of lead dust. For any questions related to scheduling, packaging requirements, quality, weight limits, or credit, please call 801-876- 2442 or email recycle@actiontarget.com. SECTION 3. CUSTOMER OBLIGATIONS. On the date of pickup, Customer must have the range available for ATI to perform the Service. SECTION 4. ASSIGNMENT. Customer shall not assign any of the rights or obligations provided to it by or required under this Agreement, without first obtaining the prior written consent of ATI. Any assignment made by Customer without the prior written consent of ATI shall be null and void. SECTION 5. CREDIT ADJUSTMENT. ATI shall be entitled to adjust the Credit Conversion Formula set forth in Section 2 upon changes in worldwide metals pricing. If ATI adjusts the formula, Customer shall be entitled to terminate the agreement within 30 days of notice of adjustment. If Customer does not notify ATI in writing of termination, this Agreement shall continue as set forth in Section 1. SECTION 6. PACKAGING. If Customer breaches this Agreement, ATI shall be entitled to a reimbursement of costs for any packaging provided to Customer and any other remedies available. SECTION 7. GENERAL PROVISIONS. This Agreement is governed by the laws of the State of Texas and any claim or dispute shall be brought in Denton County, Texas. If any term, provision, or condition of the Agreement is held to be invalid, void, or unenforceable by a court or forum of competent jurisdiction, then the remaining provisions shall continue in full force and effect, provided that such unenforceability does not materially affect the parties' rights under this Agreement. All obligations arising prior to the termination of the Agreement and all provisions of the Agreement allocating responsibility or liability between Customer and ATI shall survive the completion of all Services to be performed under the Agreement. Nothing contained in the Agreement shall create a contractual relationship or a cause of action in favor of a third party against ATI. The individuals executing the Agreement warrant that they have read and understood its provisions, and that they are authorized to bind the Parties for which they sign. The relationship between the parties is that of independent contractors and nothing contained in this Agreement shall be construed as creating any agency, partnership, franchise, business opportunity, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. SECTION 8. ENTIRE AGREEMENT. This written Agreement is the entire integrated agreement between Customer and ATI and supersedes all prior negotiations, representations, or agreements, whether written or oral. CUSTOMER AND PROJECT INFORMATION Range Name: Address: Contact Person: Phone Number: Email Address: Loading hours: VOLUME A full 55-gallon drum of brass weighs approximately 600 lbs., a 2/3-full 55-gallon drum of lead weighs approximately 1,200 lbs., and a full-size Gaylord box of brass weighs approximately 3,000 lbs. Knowing this: • What is your approximate monthly brass volume in drums/lbs.? • What is your approximate monthly lead volume in drums/lbs.? DocuSign Envelope ID: 904F6965-F64F-483E-8A70-C2632A703C65 Denton Police Range 9403959843 Allen Zant 8A-4P allen.zant@cityofdenton.com 4111 Vintage Blvd. Argyle, TX 76226 • Do you shoot frangible bullets? • How much weight do you anticipate ATI will pick up per Service? • How often do you anticipate scheduling Service? (Minimum pickup weight is 4,000 lbs.) • Does your range have a Total Containment Trap with a screw auger? ACCESS Dock high access? YES NO Pallet jack on site? YES NO Forklift on site? YES NO 18-wheeler access? YES NO 24-foot box truck access (lift gate)? YES NO AMMUNITION Are any of the following cases (“Contaminants”) fired on site (if the answer to any is yes, ATI will deduct 4% from the Final Weight Confirmation sent to Customer): Aluminum? YES NO Steel? YES NO Shotgun shells? YES NO If you remove all of the above Contaminants from your brass, ATI will not deduct 4%. If any shipment contains higher than 4% Contaminants, ATI shall be entitled to deduct the higher percentage on the next shipment. No floor sweepings or live rounds are to be present with lead DocuSign Envelope ID: 904F6965-F64F-483E-8A70-C2632A703C65 Certificate Of Completion Envelope Id: 904F6965F64F483E8A70C2632A703C65 Status: Completed Subject: ***Purchasing Approval***8291 Indoor Range Metals Recycling Source Envelope: Document Pages: 5 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 2 Ginny Brummett AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Ginny.Brummett@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 6/16/2023 3:03:48 PM Holder: Ginny Brummett Ginny.Brummett@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/16/2023 3:28:05 PM Viewed: 6/16/2023 3:28:13 PM Signed: 6/16/2023 3:29:06 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 6/16/2023 3:29:07 PM Viewed: 6/16/2023 3:50:28 PM Signed: 6/16/2023 3:50:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Derek Bradford Allen.Zant@cityofdenton.com Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 6/16/2023 4:11:31 PM Viewed: 6/16/2023 5:06:24 PM Signed: 6/16/2023 5:08:25 PM Electronic Record and Signature Disclosure: Accepted: 6/16/2023 5:06:24 PM ID: 39e33966-dd42-407a-8a66-b381592bca01 Diana Rotolo drotolo@actiontarget.com x Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 98.97.8.178 Sent: 6/16/2023 5:08:27 PM Viewed: 6/16/2023 7:03:03 PM Signed: 6/16/2023 7:04:33 PM Electronic Record and Signature Disclosure: Accepted: 6/16/2023 7:03:03 PM ID: 28c69902-9e62-405a-a3b1-62d9c9ada9a5 Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/16/2023 7:04:35 PM Viewed: 6/20/2023 8:10:45 AM Signed: 6/20/2023 8:13:27 AM Freeform Signing 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 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 6/20/2023 8:13:28 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Allen Zant Allen.Zant@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 6/16/2023 3:50:41 PM Resent: 6/20/2023 8:13:29 AM Electronic Record and Signature Disclosure: Accepted: 6/16/2023 5:06:24 PM ID: 39e33966-dd42-407a-8a66-b381592bca01 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/16/2023 3:28:05 PM Envelope Updated Security Checked 6/16/2023 4:11:31 PM Envelope Updated Security Checked 6/16/2023 4:11:31 PM Envelope Updated Security Checked 6/16/2023 4:11:31 PM Envelope Updated Security Checked 6/16/2023 4:11:31 PM Certified Delivered Security Checked 6/20/2023 8:10:45 AM Signing Complete Security Checked 6/20/2023 8:13:27 AM Completed Security Checked 6/20/2023 8:13:29 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. 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