Loading...
18-289ORDINANCE NO. 1$-2g9 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, REJECTING ALL BIDS RECEIVED UNDER RFP 6621 — PURCHASE OF 138KV CIRCUIT BREAKERS AND MAINTENANCE PARTS — PURSUANT TO SECTION 252.043 (�, LOCAL GOVERNMENT CODE; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, THE AUTHORITY TO ENTER INTO A CONTRACT WITH THE LOWER COLORADO RIVER AUTHORITY, THROUGH AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT PURSUANT TO SECTION 271.102 OF THE TEXAS LOCAL GOVERNMENT CODE, FOR THE PURCHASE OF HIGH VOLTAGE CIRCUIT BREAKERS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE (FILE 6621-INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT FOR THE PURCHASE OF ELECTRICAL EQUIPMENT WITH THE LOWER COLORADO RIVER AUTHORITY AWARDED TO SIEMENS INDUSTRY, INC. IN THE NOT TO EXCEED AMOUNT OF $2,200,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That all bids received under RFP 6621 — Purchase of 138kV Circuit Breakers and Maintenance Parts — are rejected pursuant to Section 252.043 (�, Local Government Code. SECTION 2. The City Manager, or his designee, is authorized to enter into a contract to purchase high voltage circuit breakers for its electric department, Denton Municipal Electric, in the estimated amount of $2,200,000 from Siemens Energy, Inc. under competitive bids received by the Lower Colorado River Authority in accordance with an Interlocal Cooperative Purchasing Program Participation Agreement ("Agreement") under Section 271.102 of the Texas Local Government Code which is on file in the office of the Purchasing Agent. SECTION 3. The City Council of the City of Denton, Texas expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton, Texas under the Agreement to the City Manager or his designee. '� �wC I� f��J��µ. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of the goods and equipment described in the Agreement. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. ��� � mm�� �� ��� � � � � PASSED AND APPROVED this the ����. day of �� ����u.�� �� �, 2018 � � �� �,,.�� � , �� � `� [ 1� ��r "l�r�'�°�'�, MAYOR ATTEST: JENNIFER WALTERS, �:"1"f �' SECRETARY �� �� By: � ���� ��,��� � :� �.�.� _� � ,�, T�l�"��'����" � ��� �-�.'� TO LEGAL FORM: AARON LEAL, CITY ATTORNEY ,�� BY: � DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND SIEMENS INDUSTRY, INC. (Contract 6621) THIS CONTRACT is made and entered into this date _______________________, by and between Siemens Industry, Inc a corporation, whose address is 444 Hwy 49 South, Richland, MS 39128 , hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES IFB# 6621, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions ; (b) Lower Colorado River Authority Contract Terms and Conditions C; (c) Certificate of Interested Parties Electronic Filing ; (d) (Exhibit "E"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. INDEMNITY THE SUPPLIER REPRESENTS AND WARRANTS TO THE CITY THAT THE INTELLECTUAL PROPERTY SUPPLIED BY CONTRACTOR IN ACCORDANCE WITH THE SPECIFICATIONS IN THE CONTRACT WILL NOT INFRINGE, DIRECTLY OR CONTRIBUTORILY, ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY RIGHT OF ANY KIND OF ANY THIRD PARTY, AND THAT NO CLAIMS HAVE BEEN MADE BY ANY PERSON OR ENTITY WITH RESPECT TO THE OWNERSHIP OR OPERATION OF THE INTELLECTUAL PROPERTY. MOREOVER, THE CONTRACTOR DOES NOT KNOW OF ANY VALID BASIS FOR ANY SUCH CLAIMS. THE CONTRACTOR SHALL, AT ITS SOLE EXPENSE, DEFEND, INDEMNIFY, AND HOLD THE CITY HARMLESS FROM AND AGAINST ALL LIABILITY, DAMAGES, AND COSTS (INCLUDING COURT COSTS AND REASONABLE FEES OF ATTORNEYS AND OTHER PROFESSIONALS) ARISING OUT OF OR RESULTING FROM ANY CLAIM THAT THE CITY'S EXERCISE OF ITS LICENSE RIGHTS, AND ITS USE OF THE INTELLECTUAL PROPERTY, THE SUBJECT OF THIS CONTRACT, INFRINGES Contract 6621 DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR THE BREACH OF ANY OF REPRESENTATIONS OR WARRANTIES STATED IN THE CONTRACT DOCUMENTS. IN THE EVENT OF ANY SUCH CLAIM, THE CITY SHALL HAVE THE RIGHT TO MONITOR SUCH CLAIM OR AT ITS OPTION ENGAGE ITS OWN SEPARATE COUNSEL TO ACT AS CO-COUNSEL ON THE CITY'S BEHALF. By executing this Agreement below in conformance with Sec. 2270 of the Texas Government Code, the Supplier verifies that the Supplier: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. SUPPLIER BY: ______________________________ AUTHORIZED SIGNATURE Name:______________________________ Title: _______________________________ __________________________________ PHONE NUMBER _________________________________ EMAIL ADDRESS ___________________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER ATTEST: CITY OF DENTON, TEXAS JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ BY: _____________________________ TODD HILEMAN CITY MANAGER APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: _______________________________ Contract 6621 DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF Exhibit A Special Terms and Conditions 1. The Quantities The quantities indicated on Exhibit E are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. 2. Product Changes During Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to purchasing@cityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, a 3. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The representative as needed by the City. 4. Contract Terms The contract term shall be for a one (1) year period under the Lower Colorado River Authority master contract with Siemens Industry, Inc. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. Materials and services undertaken pursuant to this solicitation will be required to commence within fourteen (14) days of delivery of a Notice to Proceed. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date in accordance with the provision of the section titled of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. 5. Price Escalation and De-escalation -escalation price adjustment annually based on these special terms. The escalation/de-escalation will be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) for other electrical equipment manufacturing (PCU33593359). The price will be increased or decreased based upon the annual percentage change in the PPI. The maximum escalation will not exceed +/- 8% for any individual year. The Supplier must submit or make available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. Contract 6621 DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF d of such increase to the Purchasing Manager at least 60 days prior to the contract renewal date for each year. The Supplier should provide documentation as a percentage of each cost associated with the unit prices quoted for consideration. If no request is made, then it will be assumed that the current contract price will be in effect. Upon receipt of such request, the City of Denton, at its sole option, reserves the right to either: (1) accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award; or, (2) reject the increase within thirty (30) calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Supplier may request cancellation of such items from the contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. The prices in effect prior to the increase request must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 6. Total Contract Amount The contract total shall not exceed $2,200,000.00. Pricing shall be per Exhibit E attached. 7. Delivery Lead Time Product or services shall be delivered to the City per the days/weeks noted in Exhibit E after receipt of the order. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. LCRA standard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract 6621 DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF Exhibit D 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 an original notarized 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. Sign and notarize the Form 1295 6. Email the notarized form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 Form 1295) The City 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 DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF Exhibit House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1. with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 426E3D6A-0DB0-4857-86C6-D6844710E4BF Exhibit Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date Certificate Of Completion Envelope Id: 426E3D6A0DB0485786C6D6844710E4BFStatus: Completed Subject: City Council Docusign Item - 6621 Siemens High Voltage Circuit Breakers Source Envelope: Document Pages: 47Signatures: 6Envelope Originator: Certificate Pages: 6Initials: 5Jamie Cogdell AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jamie CogdellLocation: DocuSign 2/15/2018 11:03:53 AM Jamie.Cogdell@cityofdenton.com Signer EventsSignatureTimestamp Jamie CogdellSent: 2/15/2018 11:24:36 AM Completed jamie.cogdell@cityofdenton.comViewed: 2/15/2018 11:24:54 AM Senior BuyerSigned: 2/15/2018 11:26:13 AM Using IP Address: 129.120.6.150 City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Muhammad SohailSent: 2/15/2018 11:26:16 AM Muhammad.sohail@siemens.comViewed: 2/15/2018 1:27:34 PM VP & GMSigned: 2/15/2018 1:29:14 PM Siemens Industry Inc Using IP Address: 104.129.204.176 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 2/15/2018 1:27:34 PM ID: bcd01309-a5cb-4664-b8d8-ab175603a5f4 Jennifer DeCurtisSent: 2/15/2018 1:29:19 PM jennifer.decurtis@cityofdenton.comViewed: 2/19/2018 1:41:07 PM Deputy City AttorneySigned: 2/19/2018 1:41:16 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rebecca HunterSent: 2/19/2018 1:41:20 PM Completed rebecca.hunter@cityofdenton.comViewed: 3/7/2018 1:25:05 PM Assistant Purchasing ManagerSigned: 3/7/2018 1:25:42 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer EventsSignatureTimestamp Todd HilemanSent: 3/7/2018 1:25:47 PM todd.hileman@cityofdenton.comViewed: 3/7/2018 1:59:08 PM City ManagerSigned: 3/7/2018 1:59:14 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer WaltersSent: 3/7/2018 1:59:18 PM jennifer.walters@cityofdenton.comViewed: 3/9/2018 1:03:18 PM City SecretarySigned: 3/9/2018 1:03:52 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Chris GrossieSent: 2/15/2018 11:26:16 AM chris.grossie@siemens.comViewed: 2/15/2018 11:27:32 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rebecca HunterSent: 2/15/2018 1:29:17 PM rebecca.hunter@cityofdenton.com Assistant Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 2/15/2018 1:29:17 PM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 3/7/2018 1:25:45 PM jane.richardson@cityofdenton.comViewed: 3/7/2018 1:27:12 PM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy EventsStatusTimestamp Not Offered via DocuSign Robin FoxSent: 3/7/2018 1:25:45 PM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer BridgesSent: 3/9/2018 1:03:56 PM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 3/9/2018 1:03:57 PM jane.richardson@cityofdenton.comViewed: 3/9/2018 2:16:12 PM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Laura CheekSent: 3/9/2018 1:03:58 PM laura.cheek@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted3/9/2018 1:03:58 PM Certified DeliveredSecurity Checked3/9/2018 1:03:58 PM Signing CompleteSecurity Checked3/9/2018 1:03:58 PM CompletedSecurity Checked3/9/2018 1:03:58 PM Payment EventsStatusTimestamps 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.