24-544ORDINANCE NO. 24-544
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH E BROOKE ASSOCLATES LLC., FOR PROFESSIONALDESIGN SERVICES FOR AUDRA OAKS PARK MASTER PLAN FOR THE PARKS AND
RECREATION DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ7850-008 – PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL DESIGNSERVICES AWARDED TO E BROOKE ASSOCIATES LLC., IN THE NOT-TO-EXCEED
AMOUNT OF $5 1,465.00).
WHEREAS, on February 1, 2022, the City Council approved a pre-qualified professional
services list of state certified firms to provide landscape architectural services as needed for projects
for the Parks and Recreation Department (Ordinance 22-192), and the professional services provider
(the “Provider”) mentioned in this ordinance is being selected as the most highly qualified on the
basis of its demonstrated competence and qualifications to perform the proposed professionalservices; and
WHEREAS, this procurement was undertaken as part of the City’s governmental function;and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than, the recommended practices and fees published by the professionalassociations applicable to the Provider’s profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an
agreement with E Brooke Associates LLC., to provide professional design services for the City of
Denton, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein byreference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motk)r) to approye
secondedby fiA\ $7 rJfollowing vote U - A :
this ordinance was made by Bfi a.. 1Seat and
' This ordinance was passed and approved by the
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
-L,/,/
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PASSED AND APPROVED this the IIb dayof rl crab _, 2024.
H. MAYOR
ATTEST:JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
EE ):a;T:ID=iI i; i :g
BY:- XXan\\h\ \\\\~p\ $;1iTt:iiIT;Iemail=MaKella.Lunn@cityofdenton
Date: 2023.1 1 .17 17:39:26 -06'00'
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DENTON
Docusign City Council Transmittal Coversheet
7850–008PSA
File Name Audra oaks Park Masterpla n
P„„h„i,gCo„ta,t E 'i'’ G ;“1;
City Council Target Date MARCH 19’ 2024
Piggy Back Option
Contract Expiration
Ordinance
1 i cab1 e1-Vb ’lrr
N/A
24-544
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STANDARD AGREEMENT FOR LANDSCAPE ARCHITECTURAL RELATEDPROFESSIONAL SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and E Brooke Associates LLC. with its corporate office at 9015 FringewoodDrive, Dallas, TX 75228 and authorized to do business in Texas, ("LANDSCAPEARCHITECT"), for a PROJECT generally described as: Site Planning forAudra Oaks Parks (the"PROJECT")
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the LANDSCAPE ARCHITECT, and the
LANDSCAPE ARCHITECT hereby agrees to perform, professional architecturalservices set forth in the CITY’s Scope of Services attached hereto as Attachment A.
These services shall be performed in connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall notpay for any work performed by LANDSCAPE ARCHITECT or its consultants,
subcontractors and/or suppliers that has not been ordered in advance and in writing.
It is specifically agreed that LANDSCAPE ARCHITECT shall not be compensated forany additional work resulting from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The LANDSCAPE ARCHITECT shall be compensated for all services providedpursuant to this AGREEMENT in an amount not to exceed $51,465 in the manner and
in accordance with the fee schedule as set forth in Attachment A. Payment shall beconsidered full compensation for all labor, materials, supplies, and equipmentnecessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,until the expiration of the funds, or completion of the PROJECT and acceptance by theCITY, whichever occurs first. LANDSCAPE ARCHITECT shall proceed diligently withthe PROJECT to completion as described in the PROJECT schedule as set forth inAttachment A.
SECTION 3
Terms of Payment
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Payments to the LANDSCAPE ARCHITECT will be made as follows:
A. Invoice and Payment
(1) The Landscape Architect shall provide the City sufficient documentation,
including but not limited to meeting the requirements set forth in the PROJECT
schedule as set forth in Attachment A to reasonably substantiate the invoices.
(2) The LANDSCAPE ARCHITECT will issue monthly invoices for all work
performed under this AGREEMENT. Invoices for the uncontested performanceof the particular services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of anybalance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) in the event of a disputed or contested billing, only that portion so contested willbe withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) if the CITY fails to make payment in full to LANDSCAPE ARCHITECT forbillings contested in good faith within 60 days of the amount due, theLANDSCAPE ARCHITECT may, after giving 7 days' written notice to CITY,suspend services under this AGREEMENT until paid in full. In the event of
suspension of services, the LANDSCAPE ARCHITECT shall have no liability toCITY for delays or damages caused the CITY because of such suspension ofservices
SECTION 4
Obligations of the LANDSCAPE ARCHITECT
A. General
The LANDSCAPE ARCHITECT will serve as the CITY's professional architectrepresentative under this AGREEMENT, providing professional architectural consultation
and advice and furnishing customary services incidental thereto.
B. Standard of Care
The LANDSCAPE ARCHITECT shall perform its services:
(1) with the professional skill and care ordinarily provided by competent architects
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practicing in the same or similar locality and under the same or similarcircumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent architect.
C. Subsurface Investigations
(1) The LANDSCAPE ARCHITECT shall advise the CITY with regard to thenecessity for subcontract work such as special surveys, tests, test borings, or
other subsurface investigations in connection with design and architectural workto be performed hereunder. The LANDSCAPE ARCHITECT shall also advisethe CITY concerning the results of same. Such surveys, tests, andinvestigations shall be furnished by the CITY, unless otherwise specified inAttachment A.
'(2) in soils, foundation, groundwater, and other subsurface investigations, theactual characteristics may vary significantly between successive test points andsample intervals and at locations other than where observations, exploration,and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions mayoccur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of theLANDSCAPE ARCHITECT.
D. Preparation of Architectural Drawings
The LANDSCAPE ARCHITECT will provide to the CITY the original drawings of all plansin ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may use suchdrawings in any manner it desires; provided, however, that the LANDSCAPE ARCHITECT
shall not be liable for the use of such drawings for any project other than the PROJECTdescribed herein. The transfer of copyright interest or ownership of Documents shall notextent to Consultant’s standard details, standard features of overall design, functional
elements of overall design or individual aspects and components the Consultant has
developed and/or used previously on other projects.
E. Architecfs Personnel at Construction Site
(1) The presence or duties of the LANDSCAPE ARCHITECT 's personnel at a
construction site, whether as on-site representatives or otherwise, do not make
the LANDSCAPE ARCHITECT or its personnel in any way responsible for those
duties that belong to the CITY and/or the CITY's construction contractors or
other entities, and do not relieve the construction contractors or any other entity
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of their obligations, duties, and responsibilities, including, but not limited to, allconstruction methods, means, techniques, sequences, and proceduresnecessary for coordinating and completing all portions of the construction work
in accordance with the AGREEMENT Documents and any health or safetyprecautions required by such construction work. The LANDSCAPE
ARCHITECT and its personnel have no authority to exercise any control overany construction contractor or other entity or their employees in connection withtheir work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth inAttachment A, the LANDSCAPE ARCHITECT or its personnel shall have no
obligation or responsibility to visit the construction site to become familiar with
the progress or quality of the completed work on the PROJECT or to determine,in general, if the work on the PROJECT is being performed in a mannerindicating that the PROJECT, when completed, will be in accordance with the
AGREEMENT Documents, nor shall anything in the AGREEMENT Documentsor this AGREEMENT between CITY and LANDSCAPE ARCHITECT be
construed as requiring LANDSCAPE ARCHITECT to make exhaustive orcontinuous on-site inspections to discover latent defects in the work orotherwise check the quality or quantity of the work on the PROJECT. If the
LANDSCAPE ARCHITECT makes on-site observation(s) of a deviation from theAGREEMENT Documents, the LANDSCAPE ARCHITECT shall inform theCITY
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth inthe Scope of Services, the LANDSCAPE ARCHITECT shall be entitled to relyupon such certification to establish materials, systems or equipment andperformance criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The LANDSCAPE ARCHITECT shall provide opinions of probable costs basedon the current available information at the time of preparation, in accordancewith Attachment A.
(2) in providing opinions of cost, financial analyses, economic feasibility projections,and schedules for the PROJECT, the LANDSCAPE ARCHITECT has no control
over cost or price of labor and materials; unknown or latent conditions ofexisting equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality ofperformance by third parties; quality, type, management, or direction ofoperating personnel; and other economic and operational factors that maymaterially affect the ultimate PROJECT cost or schedule. Therefore, theLANDSCAPE ARCHITECT makes no warranty that the CITY's actual
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PROJECT costs, financial aspects, economic feasibility, or schedules will not
vary from the LANDSCAPE ARCHITECT 's opinions, analyses, projections, orestimates.
G. Construction Progress Payments
Recommendations by the LANDSCAPE ARCHITECT to the CITY for periodic construction
progress payments to the construction contractor will be based on the LANDSCAPEARCHITECT 's knowledge, information, and belief from selective sampling andobservation that the work has progressed to the point indicated. Such recommendationsdo not represent that continuous or detailed examinations have been made by the
LANDSCAPE ARCHITECT to ascertain that the construction contractor has completed thework in exact accordance with the AGREEMENT Documents; that the final work will be
acceptable in all respects; that the LANDSCAPE ARCHITECT has made an examinationto ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY free andclear of liens, claims, security interests, or encumbrances; or that there are not othermatters at issue between the CITY and the construction contractor that affect the amount
that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiledand furnished by others, and may not always represent the exact location, type of variouscomponents, or exact manner in which the PROJECT was finally constructed. TheLANDSCAPE ARCHITECT is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
1.Right to Audit
(1) LANDSCAPE ARCHITECT agrees that the CITY shall, until the expiration offive (5) years after final payment under this AGREEMENT, have access to andthe right to examine and photocopy any directly pertinent books, documents,papers and records of the LANDSCAPE ARCHITECT involving transactions
relating to this AGREEMENT. LANDSCAPE ARCHITECT agrees that the CITY
shall have access during normal working hours to all necessary LANDSCAPE
ARCHITECT facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of thissection. The CITY shall give LANDSCAPE ARCHITECT reasonable advancenotice of intended audits.
(2) LANDSCAPE ARCHITECT further agrees to include in all its subconsultant
agreements hereunder a provision to the effect that the subconsultant agreesthat the CITY shall, until the expiration of five (5) years after final payment
under the subcontract, have access to and the right to examine and photocopy
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any directly pertinent books, documents, papers and records of suchsubconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultantfacilities, and shall be provided adequate and appropriate work space, in orderto conduct audits in compliance with the provisions of this section together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance noticeof intended audits.
(3) LANDSCAPE ARCHITECT and subconsultant agree to photocopy such
documents as may be requested by the CITY. The CITY agrees to reimburseLANDSCAPE ARCHITECT for the cost of copies at the rate published in the
Texas Administrative Code in effect as of the time copying is performed.
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J. Independent Consultant
The LANDSCAPE ARCHITECT agrees to perform all services as an independentconsultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of
respondeat superior shall not apply.
K. Disclosure
The LANDSCAPE ARCHITECT acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed PROJECTand business relationships with abutting property cities. The LANDSCAPE ARCHITECTfurther acknowledges that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this AGREEMENT and prior to final payment underthe AGREEMENT.
L. Asbestos or Hazardous Substances
(1) if asbestos or hazardous substances in any form are encountered or suspected,the LANDSCAPE ARCHITECT will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) if asbestos or other hazardous substances are suspected, the CITY mayrequest the LANDSCAPE ARCHITECT to assist in obtaining the services of aqualified subcontractor to manage the remediation activities of the PROJECT.
M. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
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criteria and/or current architectural practice standards which the LANDSCAPEARCHITECT should have been aware of at the time this AGREEMENT was executed, the
LANDSCAPE ARCHITECT shall revise plans and specifications, as required, at its own
cost and expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria which are
published after the date of this AGREEMENT which the LANDSCAPE ARCHITECT couldnot have been reasonably aware of, the LANDSCAPE ARCHITECT shall notify the CITYof such changes and an adjustment in compensation will be made through an amendmentto this AGREEMENT.
N. Schedule
LANDSCAPE ARCHITECT shall manage the PROJECT in accordance with the scheduledeveloped per Attachment A to this AGREEMENT.
O. Equal Opportunity
(1) Equal Employment Opportunity: LANDSCAPE ARCHITECT andLANDSCAPE ARCHITECT’s agents shall engage in any discriminatory
employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, berefused the benefits of, or be otherwise subjected to discrimination under any
activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: LANDSCAPEARCHITECT and LANDSCAPE ARCHITECT’s agents shall not engage in any
discriminatory employment practice against individuals with disabilities asdefined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
LANDSCAPE ARCHITECT may rely upon the accuracy, timeliness, and completeness ofthe information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the LANDSCAPE ARCHITECT as requiredfor the LANDSCAPE ARCHITECT 's performance of its services. The CITY will perform,at no cost to the LANDSCAPE ARCHITECT, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in connection
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with the LANDSCAPE ARCHITECT 's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federalauthorities; and land, easements, rights-of-way, and access necessary for theLANDSCAPE ARCHITECT 's services or PROJECT construction.
D. Timely Review
The CITY will examine the LANDSCAPE ARCHITECT 's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of an attorney,insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions required bythe CITY in a timely manner in accordance with the PROJECT schedule prepared inaccordance with Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the LANDSCAPE ARCHITECT whenever CITY
observes or becomes aware of any development that affects the scope or timing of theLANDSCAPE ARCHITECT 's services or of any defect in the work of the LANDSCAPEARCHITECT or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges LANDSCAPE ARCHITECT will perform part of the workat CITY's facilities that may contain hazardous materials, including asbestoscontaining materials, or conditions, and that LANDSCAPE ARCHITECT hadno prior role in the generation, treatment, storage, or disposition of suchmaterials. In consideration of the associated risks that may give rise to claimsby third parties or employees of City, City hereby releases LANDSCAPEARCHITECT from any damage or liability related to the presence of suchmaterials.
(2) The release required above shall not apply in the event the discharge, releaseor escape of hazardous substances, contaminants, or asbestos is a result of
LANDSCAPE ARCHITECT’s negligence or if LANDSCAPE ARCHITECT bringssuch hazardous substance, contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.regarding the LANDSCAPE ARCHITECT 's Personnel at Construction Site, and provisions
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providing for contractor indemnification of the CITY and the LANDSCAPE LANDSCAPE
for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the LANDSCAPE ARCHITECT, its officers,
employees, and subcontractors, for any claim arising out of, inconnection with, or resulting from the architectural servicesperformed. Only the CITY will be the beneficiary of anyundertaking by the LANDSCAPE ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the LANDSCAPE ARCHITECT and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shallhave no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any rightthe CITY has to bring a claim against LANDSCAPE ARCHITECT.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structuresassociated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacementcost value of the PROJECT. The CITY may provide LANDSCAPEARCHITECT a copy of the policy or documentation of such on a certificate ofinsurance.
J. Litigation Assistance
The Scope of Services does not include costs of the LANDSCAPE ARCHITECT for
required or requested assistance to support, prepare, document, bring, defend, or assist inlitigation undertaken or defended by the CITY. In the event CITY requests such services ofthe LANDSCAPE ARCHITECT, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
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The CITY may make or approve changes within the general Scope of Services in thisAGREEMENT. If such changes affect the LANDSCAPE ARCHITECT 's cost of or time
required for performance of the services, an equitable adjustment will be made through anamendment to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
LANDSCAPE ARCHITECT shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of theLANDSCAPE ARCHITECT, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, oralteration by the CITY or by others acting through or on behalf of the CITY of any such
instruments of service without the written permission of the LANDSCAPE ARCHITECT will
be at the CITY's sole risk. The CITY shall own the final designs, drawings, specificationsand documents. The transfer of copyright interest or ownership of Documents shall notextend to Consultants standard details, standard features of overall design, functionalelements of overall design or individual aspects and components the Consultant has
developed and/or used previously on other projects.
C. Force Majeure
The LANDSCAPE ARCHITECT is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the control ofthe LANDSCAPE ARCHITECT that prevent LANDSCAPE ARCHITECT’s performance of
its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated :
a. by the City for its convenience upon 30 days' written notice toLANDSCAPE ARCHITECT.
b. by either the CITY or the LANDSCAPE ARCHITECT for cause if either
party fails substantially to perform through no fault of the other and the
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nonperforming party does not commence correction of suchnonperformance within 5 days’ written notice or thereafter fails todiligently complete the correction.
(2) if this AGREEMENT is terminated for the convenience of the City, theLANDSCAPE ARCHITECT will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of LANDSCAPE ARCHITECT 'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and otherdata storage supplies or services;
c. The time requirements for the LANDSCAPE ARCHITECT 'S personnel
to document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the LANDSCAPE ARCHITECT
will submit to the CITY an itemized statement of all termination expenses. TheCITY'S approval will be obtained in writing prior to proceeding with terminationservIces
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the LANDSCAPE ARCHITECT
for the convenience of the CITY. In the event of such suspension, delay, or interruption,an equitable adjustment in the PROJECTs schedule, commitment and cost of theLANDSCAPE ARCHITECT s personnel and subcontractors, and LANDSCAPEARCHITECT 's compensation will be made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904.THE LANDSCAPE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY
AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE LANDSCAPEARCHITECT OR LANDSCAPE ARCHITECT’S AGENT, CONSULTANT UNDERCONTRACT, OR ANOTHER ENTITY OVER WHICH THE LANDSCAPE ARCHITECTEXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR
RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT.INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATTORNEY’S FEES IN PROPORTION TO THE LANDSCAPEARCHITECT’S LIABILITY.
G. Assignment
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Neither party shall assign all or any part of this AGREEMENT without the prior writtenconsent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilitywill not affect any other provision, and this AGREEMENT shall be construed as if suchinvalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
LANDSCAPE ARCHITECT shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any way affectthis AGREEMENT and the work hereunder, and shall observe and comply with all orders,
laws ordinances and regulations which may exist or may be enacted later by governingbodies having jurisdiction or authority for such enactment. No plea of misunderstanding orignorance thereof shall be considered. LANDSCAPE ARCHITECT AGREES TODEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS,AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY
ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, ORREGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
LANDSCAPE ARCHITECT shall verify the identity and employment eligibility of itsemployees who perform work under this AGREEMENT, including completing theEmployment Eligibility Verification Form (1-9). Upon request by CITY, LANDSCAPE
ARCHITECT shall provide CITY with copies of all 1-9 forms and supporting eligibilitydocumentation for each employee who performs work under this AGREEMENT.LANDSCAPE ARCHITECT shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed byany LANDSCAPE ARCHITECT employee who is not legally eligible to perform suchservices. LANDSCAPE ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITyHARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TOVIOLATIONS OF THIS PARAGRAPH BY LANDSCAPE ARCHITECT, LANDSCAPEARCHITECT’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22
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DocuSign Envelope ID: AE5AD735-01 FD4151-9698-F53722F5062A
CITY, upon written notice to LANDSCAPE ARCHITECT, shall have the right to
immediately terminate this AGREEMENT for violations of this provision by LANDSCAPEARCHITECT.
L. Prohibition On Contracts With Companies Boycotting Israel
LANDSCAPE Architect acknowledges that in accordance with Chapter 2271 of the
Texas Government Code, City is prohibited from entering into a contract with acompany for goods or services unless the contract contains a written verification from
the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during theterm of the contract. The terms “boycott Israel” and “company” shall have the meaningsascribed to those terms in Section 808.001 of the Texas Government Code. BysignIng this agreement, Landscape ArchItect certifies that Landscape Architect’ssignature provides written verification to the City that Landscape Architect: (1)does not boycott Israel; and (2) will not boycott Israel during the term of theagreement. Failure to meet or maintain the requirements under this provision will beconsidered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contractingwith companies that do business with Iran, Sudan, or a foreign terrorist organization.By signing this agreement, Landscape Architect certifies that LandscapeArchitect’s signature provides written verification to the City that LandscapeArchitect, pursuant to Chapters 2252 and 2270, is not ineligible to enter into thisagreement and will not become ineligible to receive payments under thisagreement by doing business with Iran, Sudan, or a foreign terrorist organization.Failure to meet or maintain the requirements under this provision will be considered amaterial breach.
N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies
Landscape Architect acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the companythat it (1 ) does not boycott energy companies; and (2) will not boycott energycompanies during the term of the contract. The terms “boycott energy company” and“company” shall have the meanings ascribed to those terms in Section 809.001 of theTexas Government Code. By signIng this agreement, Landscape ArchItectcertifies that Landscape Architect’s signature provides written verification to theCity that Landscape Architect: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of the agreement. Failure to
meet or maintain the requirements under this provision will be considered a material
City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22
Page 16 of 19
DocuSign Envelope ID: AE5AD735-01 FD4151-9698-F53722F5062A
+
breach
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations
Landscape Architect acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verification from the companythat it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and“firearm trade association” shall have the meanings ascribed to those terms in Chapter2274 of the Texas Government Code. By sIgning this agreement, LandscapeArchitect certifies that Landscape Architect’s signature provides writtenverification to the City that Landscape Architect: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearmtrade association; and (2) will not discriminate during the term of the contractagaInst a firearm entity or firearm trade association . Failure to meet or maintain the
requirements under this provision will be considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with CertainForeign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liabilityif the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned byor the majority of stock or other ownership interest of the company is held or controlledby individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, orother designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,or other designated country.
Q. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908of the Government Code. The law states that the City may not enter into this contractunless 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 Commissionhas adopted rules requiring the business entity to file Form 1295 electronically with theCommission.
Contractor will be required to furnish a Certificate of Interest Parties before the contractis awarded, in accordance with Government Code 2252.908.
City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22
Page 17 of 19
DocuSign Envelope ID: AE5AD735-01 FD~4151.9698-F53722F5062A
The contractor shall:
1.
2
3
4
5
6.
Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/filinginfo/1295/Register utilizing the tutorial provided by the StatePrint a copy of the completed Form 1295Enter the Certificate Number on page 2 of this contract.
Complete and sign the Form 1295Email the form to purchasing@cityofdenton.com with the contract number in thesubject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30thday after Council award. Once a Form 1295 is acknowledged, it will be posted to theTexas Ethics Commission’s website within seven business days.
R. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entireAGREEMENT, which supersedes all prior written or oral understandings, and may only bechanged by a written amendment executed by both parties. This AGREEMENT may beexecuted in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and thesame instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT:
Attachment A – Scope of Services, Project Schedule, and Compensation
These documents make up the AGREEMENT documents and what is called for by oneshall be as binding as if called for by all. In the event of an inconsistency or conflict inany of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to theAGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.Electronic signing of this document will be deemed an original for all legal purposes.
City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22
Page 18 of 19
DocuSign Envelope ID: AE5AD735-01FD4151-9698-F53722F5062A
qy)49B69£uted by each party’s designated representative to be effective on
BY:
CITY OF DENTON, TEXAS BY:LANDSCAPE ARCHITECT
Do€uSlgned bV:
SMA He,.,Iq
Bra8’FT8a
Ites LLC
Erin Brooke Fredi
Principal
Date: 3/19/2024
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operationalusiness terms
2023-1085675
TEXAS ETHICS COMMISSIONCERTIFICATE NUMBER
Signature
DIrector of Parks and Recreatlon
Title
Parks and Recreatlon
Department
Date Signed: 3/19/2024
APPROVED AS TO LEGAL FORM:MAW hD, CITY Al-rORNEY
AWWL£a£BbbBy:
CITY SECRETARYJE
B
A1–rEST:
City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22
Page 19 of 19
DocuSign Envelope ID: AE5AD735-C)IFDJj151-9698-F53722F5CJ62A H1 1 ACHMENT A
E. Brooke Associates, LLC3841 New Hope Road
Aubrey, Texas 76227 Proposal
Proposal Date: 9/27/2023
Proposal #: 187
CgYolneesn£:vZrd&
Description
RFQ 7850 AUDRA OAKS PARK: Conceptual Drawings
Total
6,500.00
Design and development of up to 2 conceptual landscape plans; to include up to 3meetings
RFQ 7850 AUDRA OAKS PARK: Construction Cost Estimate 2,000.00
Scope: Prepare a probable cost estimate to confirm the budget. Present to Staff forreview and comments that include design adjustments based on Community and Cityfeedback and preferences. Discuss budget and reach agreement on priorities ifnecessary; to include up to 3 meetings
RFQ 7850 AUDRA OAKS PARK: Construction Drawings 26,000.00
Scope: Development of park master plan and construction documents for an existing5.19-acre developed parcel named Audra Oaks Park, located at 1602 Audra Lane,Denton, TX 76209 to include: Playground; Seating;Trash receptacles; ShadeStructures; Trail; Options for either solar or wired lighting (wired preferred innon-floodplain areas); Open Space; Identify irrigation and electrical opportunities for
design & provide sleeves for future connection (electrical design is not included inscope); Identify all items requiring demo by contractor as part of contractors bidpackage
- Provide SW3P design- Provide ADA/PTAS/RAS review with TDLR Registration
- Standard specs for footers, walls under 36” are included. Any other requirements willentail a structure engineer, and additional rates wiiI be provided if requested.- Review existing park inventory, assets, needs assessment surveys, and other relatedinformation and make recommendations on how the park could provide recreationalopportunities for the community;
- Develop 100% Landscape Construction Documents to be sent out to bid; includeconstruction details, and City specifications including park equipment, furnishings, andlab test requirements;
- Participate in coordination with CRy staff through Development Review Process; toinclude up to 6 meetings
Page 1
DacuSign Envelope ID: AE5AD735-01FD4151-9698-F53722F5062A
P ATrACHMENT A
E. Brooke Associates, LLC
3 M1 New Hope RoadAubrey, Texas 76227 Proposal
Proposal Date: 9/27/2023
Proposal #: 187
City of DentonCaroline Seward
Description Total
- Develop 100% irrigation Construction Documents to be sent out to bid; includeconstruction details, and City specifications; irrigation system to be designed usingreclamation water; purple pipe and fixtures must be designated throughout the design.
8,500.00
Allowance Option for Construction Administrative Services*6,975.00
The following options to be charged at a rate of $155 per hour as needed/requested byCity Staff:- Site Visit for Final walk-through- Clarify Questions- Review Submittals
- Review Shop Drawings
Approve, Issue, and/or Respond to:- ASI's- RFI's
- Change orders
- Pay applications- Submittals
- Slump test
-this is an "up to" option; not to exceed this amount
The following service to be charged at 3rd party rate of service and to be coordinated byE. Brooke Associates as requested by City Staff. Pricing to be approved by City Staffbefore 3rd party work is begun:
2.200.00
- 3rd Party HtC test on various locations of playground surfacing I
Page 2
DocuSign Envelope ID: AE5AD735-01FD4151-9698-F53722F5062A ATrACHMENT A
\
E. Brooke Associates, LLC
3@1 New Hope RoadAubrey, Texas 76227 Proposal
Proposal Date: 9/27/2023
Proposal #: 187
&City of DentonCaroline Seward
Description Total
2,000.00The fo_g g;vi& io be -charged at 3rd party rate of service and to be coordinated byE. Brooke Associates as requested by City Staff. Pricing provided on proposal is anallowance amount and final amount to be approved by City Staff before 3rd party workis begun:
- Electrical Design of lighting elements
Municipal Courtesy Discount (-5%)-2,710.00
Total $51 ,465.00
Please sign to accept the proposal per the above listed scope SIGNATURE
Page 3
DocuSign Envelope ID: AE5AD735-01FD4151-9698-F53722F5062A
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy ofChapter 176 ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG 1 76.htm. For easyreference, below are some of the sections cited on this form
Local Government Code $ 176.001f l-a): "Business relationship" means a connection between two or more parties based on commercial activity of one ofthe
parties. The term does not include a connection based on
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency ofa federal, state, or local
governmental entity
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease ofgoods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code $ 176.003(a){2)(A) and (B):
(A) A local government omcer shall file a conflicts disclosure statement with respect to a vendor if
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) acontract between the local governmental entity and vendor has been executed; or(ii) the local governmental entity is considering entering into a contract with the vendor,
(B) has given to the local govemmentomcer ora family member ofthe offIcer one or more gifts that have an aggregate value ofmore
than $ 1 (X) in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code $ 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and
( 1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
ofthe omcer, described by Section 176.003(a)(2)(A);
(2) has given a local government cHeer of that local governmental entity, or a family member of the omcer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a- 1 ); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a- 1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or anotherwriting related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware
(A) of an employment or other business relationship with a local government officer, or a family member of the omcer,
described by Subsection (a).
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government omcer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions
Relative: a family member related to a City Official within the third 3'd degree of afFinity (marriage) or consanguinity fblood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-oGway or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gift
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1 ) year.
erm provided by Texas Ethics Commission www. ethics . state . tx . us Revised 11/30/2015
DocuSign Envelope ID: AE5AD735-01FD4151-9698-F53722F5062A
CONFLICT OF INTEREST QUESTIONNAIRE -For vendor or other person doing business with local governmental enti
This questionnaire reflects changes made to the law 1 gular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthiw Code, Ordinance 18-757
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate the vendor becomes aware of facts that require the statement to be filed. See Section 176,006(a-1), Local Government Code
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Codemisdemeanora mtb
An offense under this section is a
E Brooke Associates LLC.
2 , , Check this box if you are filing an update to a previously filed questionnaire.X
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. Ths section, (item 3 including subparts A, B, C & D), must becompleted for each officer with whom the vendor has an employment or other business relationship as cleaned by Section 176.00 1(1-a), Local Government Code
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
1 1 Yes 1 1 No
B . Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?
LJ Yes L No
C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?n „“D .,.
D.Describe each employment or business and family relationship with the local government officer named in this section
4
5
Lg I have no Conflict of Interest to discl me.
DocuSigned by:
eth £ywLc frtfi
FRISignaturM with the governmental entity
3/19/2024
Date
Certificate Of Completion
Envelope Id: AE5AD73501FD4 1519698F53722F5062A
Subject: Please DocuSign: City Council Contract 7850-008 Audra Oaks Park Masterplan
Status: Completed
Source Envelope
Document Pages: 23
Certificate Pages: 6
AutoNav: Enabled
Signatures: 6
Initials: 1
Envelope Originator:
Erica Garcia
901 B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
3/1 9/2024 8:45:00 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Sent: 3/19/2024 8:48:45 AM
Viewed : 3/19/2024 8:53:03 AM
Signed: 3/1 9/2024 8:54:02 AM
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
Completed
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Using IP Address: 198.49.140.10
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 3/19/2024 8:54:04 AM
Viewed: 3/1 9/2024 8:M:53 AM
Signed: 3/1 9/2024 8:54:58 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
-D.-,Bind br
IMArtL£hLbwl
'48070831BtAA,438_,
Sent: 3/19/2024 8:55:00 AM
Viewed: 3/19/2024 9:23:15 AM
Signed: 3/19/2024 9:24:33 AM
Signature Adoption: Pre-selected Style
Using IP Address: 35.135.179.188
Signed using mobile
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Erin Brooke Fredi
erin@ebrooke.com
Security Level: Email, Account Authentication(None)
'DoetBlgwd bIBI @ill eva rnAP 29 WB4S9
Sent: 3/19/2024 9:24:36 AM
Viewed: 3/19/2024 9:25:52 AM
Signed: 3/1 9/2024 9:26:11 AM
Signature Adoption: Pre-selected Style
Using IP Address: 172.58.180.172
Signed using mobile
Electronic Record and Signature DIsclosure:Accepted: 3/19/2024 9:25:52 AMID: d2b4dbe3-f365-4608-9af5-09d42acbdcc4
Signer Events
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 3/19/2024 9:26:14 AM
Viewed: 3/1 9/2024 9:50:35 AM
Signed: 3/1 9/2024 9:51 :24 AM
Signature Adoption: Drawn on Device
Using IP Address: 166.198.250.45
Signed using mobile
Electronic Record and Signature Disclosure:Accepted : 3/1 9/2024 9:50:35 AMID:6a82dldb-b3b9-40e6-84cb-6ce4b3e1465d
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Completed Sent: 3/19/2024 9:51 :27 AM
Viewed: 3/20/2024 9:15:02 AM
Signed: 3/20/2024 9:15:16 AMUsing IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton,com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
'Da-BHd brI b IIo.&
'S236DB296270423.
Sent: 3/20/2024 9:15:19 AM
Viewed: 3/20/2024 9:15:52 AM
Signed: 3/20/2024 9:16:30 AM
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication(None)
b 1>NnhFA41 1pBI l„ s„„v.2437C77B897541 D
Sent: 3/20/2024 9:16:33 AM
Viewed: 3/20/2024 12:05:29 PM
Signed: 3/20/2024 12:11 :30 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 3/20/2024 12:05:29 PMID: dc3c94b7-6fa0-4d31 -9eOd-7ac3b5a2c333
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status
Status
Timestamp
Intermediary Delivery Events Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Timestamp
Sent: 3/1 9/2024 8:54:04 AM
Carbon Copy Events
Gretna Jones
gretna .jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Status Timestamp
Sent: 3/1 9/2024 9:51 :26 AM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and SIgnature DIsclosure:Not Offered via DocuSign
Sent: 3/20/2024 12:11 :33 PM
Caroline Seward
caroline.seward@cityofdenton.com
Business Administration Manager
Security Level: Email, Account Authentication(None)
ElectronIc Record and Signature Disclosure:Accepted: 3 n/2024 2:04:24 PMID: 09614bda-759a-4caa-9ed0-d0639d263692
Sent: 3/20/2024 12:11 :34 PM
Witness Events Signature
Signature
Timestamp
Notary Events Timestamp
Envelope Summary Events Status Timestamps
3/1 9/2024 8:48:45 AM
3/20/2024 12:05:29 PM
3/20/2024 12:11 :30 PM
3/20/2024 12:11 :34 PM
Envelope Sent
Certified Delivered
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Signing Complete
Completed
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: Erin Brooke Fredi, Gary Packan, Jesus Salazar, Caroline Seward
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.
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electronically from us.
I
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,
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receive notices and disclosures electronically as follows:
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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 software
rating Systems0
Browsers (for SENDERS
Browsers (for SIGNERS)
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Internet Explorer 6.0? or above
Mlet Explorer 6.o?, Mozilla FireFox 1.oNetScal7.2 (or above
Mess to a valid email accountmmEmail
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings viaroxy connection
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 CONSEIVF TO ELECTRONIC RECEIPF 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.