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: � ���� ��,��� � :� �.�.� _�
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,�, T�l�"��'����" � ��� �-�.'� TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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BY: �
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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
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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
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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
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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
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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
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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
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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
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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.