Loading...
20-1595ORDINANCE NO.20-1595 AN ORDINANCE APPROVING A SEVENTH AMENDED AGREEMENT-GREATER DENTON ARTS COUNCIL, TO THE AGREEMENT ORIGINALLY ENTERED INTO BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE GREATER DENTON ARTS COUNCIL, DATED OCTOBER 15, 1990; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SEVENTH AMENDED AGREEMENT-GREATER DENTON ARTS COUNCIL; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas ("City Council") has determined that it is in the best interests of the City of Denton to continue to support the arts in the community and to provide public funds to the Greater Denton Arts Council ("GDAC"), for the benefit of GDAC regarding the City of Denton's payment of an amount of money for GDAC's utility service, facility and maintenance services in consideration of the valuable cultural and public services to be furnished by the GDAC to the andCity9 WHEREAS, this "Seventh Amended Agreement-Greater Denton Arts Council" (hereafter the "Seventh Amended Agreement") makes provisions for simplifying and streamlining the handling of payments made by the City for the benefit of GDAC and sets forth other terms, provisions and conditions; and WHEREAS, based upon the foregoing the City Council finds that it should approve the Seventh Amended Agreement and such Seventh Amended Agreement is in the best interests of the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. The preamble to this ordinance is hereby incorporated herewith by reference as a part of this ordinance. SECTION 2. The City Council hereby approves the Seventh Amended Agreement- Greater Denton Arts Council, to the agreement originally entered into by the City of Denton and the Greater Denton Arts Council dated October 15, 1990; said Seventh Amended Agreement, by and between the City of Denton, Texas and the Greater Denton Arts Council is attached hereto and incorporated herewith by reference; and the City Council authorizes the City Managerto execute said Seventh Amended Agreement. SECTION 3. The City Council authorizes the expenditure of funds in the manner and amount as specified in the Seventh Amended Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The m,ti,„ !9 ,PP„„, tU „di„,„„ w„ m,d, by q>% RN dl and seconded by V\ SEN Be\ 3clS : MaTham approved by the followingM Aye -L ,/ V’ Z £ r Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the bf b day ,f OC,+aber , 2020. CHRIS WATTS, MAYOR Gerard Hudspeth, Mayor Pro Tem ATTEST: ROSA RIOS, CITY SECRETARY 2/IZ ./rAp APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY DocuSign Envelope ID: 2F170D22-202847A9-9272-B9968D8AE4E7 THE STATE OF TEXAS COUNTY OF DENTON SEVENTH AMENDED AGREEMENT-GREATER DENTON ARTS COUNCIL The City of Denton, Texas, a Texas municipal corporation (hereafter the "City"), and the Greater Denton Arts Council, a Texas not-for-profit corporation (hereafter the ’'GDAC"), do hereby enter into this Seventh Amended Agreement-Greater Denton Arts Council (hereafter the "Seventh Amendment-GDAC"), and hereby presents: PREAMBLE A On October 2, 1990, Ordinance No. 90-151 was approved by the City Council (hereafter the "Council”) which authorized the Mayor of Denton to execute the "Agreement Between the City of Denton, Texas and the Greater Denton Arts Council" (hereafter the "Original Agreement") on October 15, 1990 for a 25-year period, terminating September 30, 2015; and B.On August 2, 1991, Ordinance No. 91-134 was approved by the Council which authorized the City to amend the Original Agreement for the first time to provide for the correction of Schedule "A" regarding the units of measurement and the annual consumption of gas in the "First Amendment to Agreement Between the City of Denton, Texas and the Greater Denton Arts Council" (hereafter the "First Amendment"); and C.On January 21, 1997, Ordinance No. 97-023 was approved by the Council, which authorizes the City in the "Second Amendment to Agreement Between the City of Denton, Texas and the Greater Denton Arts Council" (hereafter the "Second Amendment") to agree to changes in the maximum units in Schedule "A" to reflect actual charges of the Campus Theatre; and D.On September 5, 2000, Ordinance No. 2000-285 was approved by the Council, which authorized the City in the "Third Amendment to Agreement Between the City of Denton, Texas and the GreaterDenton ArtsCouncil" (hereafterthe"Third Amendment") to change the maximum units regarding Section A, relating to the level of utility service consumption by GDAC and amending Schedule "A" and requiring the City to review and reconcile the utility accounts; and E. On July 19, 2005, Ordinance No. 2005-190 was approved by the Council and 3 DocuSign Envelope ID: 2F170D22-2028-47A9-9272-B9968D8AE4E7 approved the "Fourth Amendment to Agreement Between the City of Denton, Texas and the Greater Denton Arts Council" (hereafter the "Fourth Amendment"), which Fourth Amendment required changes in several procedures as to the Parties as well as changes to Schedule "A", along with the City's agreement to pay on behalf of the GDAC the City drainage fee and a change in the maintenance of GDAC facilities; and F City, as Lessor, and the GDAC, as Lessee, entered into a "Lease Agreement/CVA" on September 26, 2006 (hereafter the "Lease Agreement") that provided for an extension of the term of the City's twenty-five year lease originally entered into on September 1, 1981, to GDAC, by a period of an additional twenty-five years, until September 1, 2031, pertaining to the Center for the Visual Arts of Denton (“CVA”), which real property is owned by the City, such Lease Agreement commencing on September 1, 2006, for the rental of $1 .00 per year; said Lease Agreement also contained express provisions for janitorial services and utility costs;and G.On September 15, 2009, Ordinance No. 2009-210 was approved by the Council and approved the "Fifth Amendment to Agreement Between the City of Denton, Texas and the Greater Denton Arts Council" (hereafter the "Fifth Amendment"), which Fifth Amendment makes provisions for simplifying and streamlining the handling of payments made by the City for the benefit of GDAC and sets forth other terms, provisions and conditions; and H.On September 15, 2015, Ordinance No. 2015-278 was approved by the Council and approved the “Sixth Amendment to Agreement Between the City of Denton, Texas and the Greater Denton Arts Council” (hereafter the “Sixth Amendment”), which Sixth Amendment extended the term and adjusted payments for utility service, facility and maintenance services; and I. Both the City and GDAC desire to simplify and streamline, to the extent possible, the handling of all of the GDAC's utility bills at the Campus Theatre (hereafter the "Campus") and CVA, and the payment provisions for facility and maintenance services regarding the timing and method of City's payments; and J. City staff has received direction from Council to proceed with amending the existing agreements heretofore entered into by and between the City and GDAC regarding the Campus and CVA; and K. The City has proposed to provide a mutually agreed-upon annual funding amount for the Campus and CVA used by GDAC and to amend the previous agreements to improve the administration of funds as well as to reduce City and GDACstaff time 4 DocuSign Envelope ID: 2F170D22-2028-47A9-9272-B9968D8AE4E7 that is devoted to reconciling the GDAC utility, facility and maintenance accounts under the existing agreements; L. Attached hereto as Exhibit “B” is a brief history of the community arts facilities in Denton drafted by GDAC, which is provided for informational purposes only and is specifically not incorporated into this Seventh Amendment-GDAC; NOW THEREFORE, the City and GDAC for good and valuable consideration, and for the benefit of community cultural and theatrical activities in the City of Denton, Texas, do hereby AGREE to the following covenants, provisions and terms, that establish this Seventh Amendment-GDAC, to wit: 1 Except as provided in paragraph 13 of this Seventh Amendment-GDAC, this Seventh Amendment-GDAC shall supersede and replace all prior provisions of the six (6) previous agreements (the Original Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, and Sixth Amendment, hereafter collectively referred to as the “Agreement”) and it shall likewise replace those covenants in Section 5, paragraphs 2 and 3 and Section 7 of the Lease Agreement, dealing with the subjects of utilities, facility and maintenance services. 2. The termination date of this Seventh Amendment-GDAC is agreed to be September 30, 2025 unless earlier terminated as provided for herein. 3.The Parties agree and understand that if the City is unable or not willing to appropriate funds for any subsequent fiscal years in order to continue the funding provided for in this Seventh Amendment-GDAC, the City may terminate this Seventh Amendment-GDAC at the end of the then current fiscal year and it shall not be obligated to make further payments under this Seventh Amendment-GDAC. The first annual period regarding this Seventh Amendment-GDAC shall commence on October 1, 2020 and continue through September 30, 2021. The second annual period shall commence on October 1, 2021 and continue through September 30, 2022. The third and successive annual periods shall be in each succeeding year thereafter. 4 Except as provided in paragraph 13 of this Seventh Amendment-GDAC, this Seventh Amendment-GDAC is intended to condense, replace, and supersede the Agreement and Section 5, paragraphs 2 and 3 and Section 7 of the Lease Agreement. The GDAC agrees to deliver to the City Director of Finance its Financial Statement and its Independent Auditor's Report for each Fiscal Year of GDAC promptly when received from its Auditor, at the close of the GDAC fiscal year. 5. The City shall provide an annual funding amount commencing on October 1, 2020. The annual funding amount for City provided utilities, as detailed in Exhibit A, will bs DocuSign Envelope ID: 2F170D22-2C)2847A9-9272-B9968D8AE4E7 held by the City and drawn down by City staff and used by City staff to pay GDAC's City-provided utilities, such as drainage, electric, solid waste, water, and wastewater utilities for the Campus and the CVA. 6.The City and GDAC agree that the additional sum of $20,000 is an appropriate amount to be paid annually by the City to GDAC for facility and maintenance services for the Campus and CVA. This $20,000 amount is in addition to the annual amounts provided for City provided utilities as set forth in paragraph 5. The $20,000 for facility and maintenance expenses will be paid to the GDAC by the City during October of the fiscal year, beginning October 2020. GDAC shall then be liable for paying all of its facilities and maintenance expenses for both the CVA and the Campus. 7.The City and GDAC agree that the additional sum of $4,300 shall be paid annually by the City to GDAC in one lump-sum during October of the fiscal year, beginning October 1, 2020. This amount includes $4,300 for GDAC's gas utilities regarding the Campus, which are to be paid by GDAC to Denton Community Theatre to further pay to the gas utility vendor. The $4,300 paid annually to GDAC for these stated gas utilities is in addition to the amounts described above in paragraphs 5 and 6. 8. The City shall receive and timely pay each utility bill listed in paragraph 5 above, when it receives same directly from the Customer Service Department of the City. The utility bills shall be sent directly to the City of Denton, Director of Finance, 215 East McKinney Street, Denton, Texas 76201. GDAC will be sent an informational "DO NOT PAY" bill so that it can maintain accurate balances of its annual account with the City. The City shall pay only the annual amount, as detailed in Exhibit A, for the Campus and the CVA for the listed utilities set out in paragraph 5 hereinabove. Provided however, once the annual amount for the Campus and CVA is exhausted for the Fiscal Year, then the City shall cease to pay the utility bills for the entity or entities exceeding the city utility payment amount established in this paragraph, for that entity; then said City-provided utility bills for that entity or entities shall be the sole responsibility of and shall be paid timely by GDAC. 9 There will no longer be any requirements set for maximum annual usage (i.e. kilowatt hours, gallons of water, etc.) regarding in this Seventh Amendment-GDAC. There are no other utility services covered by this Seventh Amendment-GDAC other than for drainage, electric, gas, solid waste, water and wastewater utilities. The City does not furnish gas utilities, but has agreed to a utility allocation as described in Paragraph 7 above. 6 DocuSign Envelope ID: 2F170D22-2028-47A9-9272-B9968D8AE4E7 10. The annual funding accounts established by the City in paragraph numbers 5, 6 and 7 above may be re-considered by the Council if GDAC either sells, assigns or otherwise disposes of the Campus or CVA, or to another entity, or leases a the Campus or CVA to another entity, or the Campus or CVA is no longer used for the cultural and theatrical purposes that are identified in this Seventh Amendment-GDAC, the Original Agreement, the Lease Agreement, and any other previous documents entered into by and between the GDAC and the City. 11. GDAC is strongly encouraged to implement energy savings plans, and may fully utilize Denton Municipal Utilities community services, such as the Green-Sense Program, Energy Audits, and other resources in order to economize and more efficiently regulate its utility use. 12. The City may enter the Campus and CVA facilities at any time City staff provides advance notice to the designated representative at GDAC. 13. All of the covenants, provisions and terms contained within the Original Agreement regarding the Campus which are set forth in Articles I., IV., V., VI., VII. and VIII. therein are incorporated by reference herein; and the Lease Agreement, except for Section 5, paragraphs 2 and 3 and Section 7 (which are replaced by this Seventh Amendment- GDAC) shall remain in effect. Sig,,d thi, th, P d,y ,f Oc'bW , 2020. ArrEST: ROSA RIOS, CITY SECRETARY BY:_ r/>A2 /JIM APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATrORNEY DuuSlgned by: By: I M, A %,HMI DocuSign Envelope ID: 2F170D22-202847A9-9272-B9968D8AE4E7 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Cassandra Ogden SIGNATURE PRINTED NAME DIrector of Finance TITLE GREATER DENTON ARTS COUNCIL A Texa:-Profit Corporation a4r4thaBY ITS: Executive Dl-Fm DocuSign Envelope ID: 2F170D22-202847A9-9272-B9968D8AE4E7 GDAC Annual Funding Amounts Center for Visual Arts and Campus Theatre EXHIBIT A Fiscal Years 202 1 -2025 City Provided Utilities $87,000 Gas Utilities $4,300 Facility and Maintenance $20,000 DocuSign Envelope ID: 2F170D22-202847A9-9272-B9968D8AE4E7 Exhibit B A Brief History of the Community Arts Facilities in Denton Greater Denton Arts Council (GDAC), which began in 1968 as the “Fine Arts and Cultural Affairs Committee" of the Denton Chamber of Commerce, became an independent entity in 1969 and incorporated as a tax exempt 501(c)(3) corporation in 1970. Since then it has served as the umbrella organization and advocate for area arts, cultural, and educational entities. GDAC offices, as well as a variety of special events and gallery exhibitions, are housed in the Patterson- Appleton Center Arts Center located on the southeast corner of Hickory and Bell Avenue. Denton Community Theatre (DCT), chartered as a non-profit educational organization under 501 (c)(3) of the Internal Revenue Code in August, 1969, is one of the oldest arts groups in Denton, offering a variety of theatrical productions, classes and special events throughout the year. In addition to providing entertainment and educational opportunities to the north Texas area, DCT serves as the managing resident company for the historic Campus Theatre, responsible for its ongoing maintenance and preservation in partnership with GDAC and the City of Denton. Patterson-Appleton Arts Center (PAC), formerly known at the Center for the Visual Arts (CVA), opened to the public with its first art exhibition in the Meadows Gallery (named for the Meadows Foundation, a major donor) in April, 1985. Its completion was the result of a true community effort that began in 1973 when an ad hoc committee of community and business leaders was formed to address the need for a permanent center for the performing and visual arts. When the committee’s proposed bond initiative to fund construction of a convention/arts center failed, representatives of GDAC and the City of Denton instead found a viable alternative. Working in partnership, they negotiated a long-term lease for two abandoned City-owned buildings located at the southeast and southwest corners of Hickory and Bell Avenue. TIle agreement included a commitment by GDAC to spearhead the 1.5 million-dollar capital campaign to the fund the construction and improvements necessary to convert the former warehouse and power plant (which had sat vacant for several years) into a "center for the visual arts" and a "center for the performing arts." in return, the City of Denton agreed to provide overall maintenance, custodial care and utilities for both locations. Having secured City approval and sponsorship and believing it was important to move forward in order to maintain public support, the GDAC governing board voted to begin construction on the project prior to actually reaching the capital campaign goals. As funds were not available for both proposed centers, the decision was made to begin with renovations to the building that would become the Center for the Visual Arts. Construction began in May, 1984. A second gallery along with office, studio and administrative space was added in 1993. Campus Theatre. TIle decision to begin work on the Center for the Visual Arts rather than the performing arts center was based on two major factors: (1) Unknown costs involved in the removal a large submerged generator that would be required before construction could begin and (2) Doubts expressed by many in the performing arts community that the space would actually be adequate to house the stage and seating necessary to function as a performance facility. Since the renovations already under way at the Center for the Visual Arts required most of the available funds, no further action was taken related to the "center for the performing arts." until 1990 when representatives of Denton Community Theater presented the GDAC Governing Board with an alternative proposal. Instead of continuing to raise funds to convert the existing City-owned building into a theatre facility that might be inadequate, they proposed using available funds (and a second $2 million-dollar capital campaign) to purchase and renovate the Campus Theatre, a former movie house located just off the Square that had been vacant for some time and had recently become available for sale. Based on estimates provided, the costs involved in purchasing and restoring the Campus Theatre would actually be less than the projected expenses for converting the warehouse at Bell and Hickory. Again acting in partnership, representatives of GDAC, DCT and the City of Denton reached an amended long-term agreement– GD AC would purchase the Campus Theatre for 8100,000, DCT would be housed in and serve as the managing company for the facility, and the City of Denton would provide the support services and utilities as promised in the original lease agreement at the new location. In return, GDAC released the City from their commitment of the second power plant/warehouse property (which would later become the Central Fire Station). Adapted from a 1,200 seat movie house into a 299-seat live theatre and performance venue, the Campus Theatre reopened in 1995 with a gala performance featuring the various Denton performing organizations who would now call it their home. Summary and Impact. With the continued support pledged by the City of Denton, both DCT and GD AC continue to thrive as two of our city's oldest and most successful nonprofit organizations, attracting tens of thousands of volunteers and patrons to downtown Denton every year. Serving as anchors to the thriving business and cultural district, these vibrant and active facilities have become true community icons–the Campus Theatre recognized by the Texas Historical Commission in 2010 as a Recorded Texas Historical Landmark-the only business in Denton honored with that distinction. We sincerely hope that these facts, coupled with the history of our partnership with the City, demonstrate that a multi-year utilities and maintenance contract has provided the stability and support that has allowed these two groups to grow and prosper, to make long-range plans and commitments and to provide our community with quality artistic experiences . . . and will continue to be a sound investment for the City of Denton. Docu5#,t IBS ICU ReB Certificate Of Completion Envelope Id: 2F170D22202847A99272B9968D8AE4E7 Subject: GDAC Ord and Agreement DocuSign 8 26 2020.pdf Source Envelope: Document Pages: 10 Certificate Pages: 5 AutoNav: Enabled Status: Completed Signatures: 4 Initials: 0 Envelope Originator: Randee Klingele 901 B Texas Street Denton, TX 76209 randee.klingele@cityofdenton.com IP Address: 198.49.140. 104 Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 8/26/2020 2:51 :01 PM Holder: Randee Klingele randee.klingele@cityofdenton.com Location: DocuSign Signer Events Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Signature 'DoeuSIgned br I M,& pd,„,Mr ,7F9D328BFa204E5 Timestamp Sent: 8/26/2020 3:03:30 PM Viewed : 8/27/2020 8:50:26 AM Signed: 8/27/2020 8:51 :27 AM Signature Adoption: Pre-selected Style Using IP Address: 76,186.77.161 Electronic Record and SIgnature Disclosure: Not Offered via DocuSign Cassey Ogden cassandra.ogden@cityofdenton.com Director of Procurement and Compliance City of Denton Security Level: Email, Account Authentication (None) 'DocuSign•d by: I c„„I c}@ ,E7FF20C194EA4F9 Sent: 8/27/2020 8:51 :28 AM Viewed : 8/27/2020 8:53:06 AM Signed: 8/27/2020 8:56:39 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49,140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Georgina Ngozi exdir@dentonarts.com Security Level: Email, Account Authentication (None) 'DowSlgn8d bV LawjIM NPd Sent: 8/27/2020 8:56:42 AM Viewed: 8/27/2020 12:11 :51 PM Signed: 8/27/2020 12:14:23 PM Signature Adoption: Pre-selected Style Using IP Address: 97.94.213.119 Electronic Record and Signature Disclosure: Accepted: 8/27/2020 12:11 :51 PM ID: cb71dba3-3ebe4426-8403-75576e83303c In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Status Timestamp Certified Delivery Events Timestamp Carbon Copy Events Mike Barrow mike.barrow@campustheatre.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status Timestamp Sent: 8/27/2020 8:56:41 AM Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 8/27/2020 12:14:24 PM Randee Klingele randee.klingele@cityofdenton.com Sr Treasury Analyst City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 8/27/2020 12:14:25 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 8/27/2020 12:14:25 PM 8/27/2020 12:14:25 PM 8/27/2020 12:14:25 PM 8/27/2020 12:14:25 PM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Georgina Ngozi 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. . uired hardware and softwareRl Operating Systems Browsers (for SENDERS Browsers (for SIGNERS) r I mlet Explorer 6.o?, Mozilla FireFox 1.o, NetSca1 7.2 (or abovemc itoiniTifanl%;m x Email Screen Resolution Enabled Security Settings •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via roxy connectron 88 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.