24-740ORDINANCE NO. 24-740
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
ATMOSPHERIC G2, LLC, FOR WEATHER FORECASTING SERVICES FOR DENTON
MUNICIPAL ELECTRIC; PROVID[NG FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (RFP 8420 – AWARDED TO ATMOSPHERIC G2,
LLC, IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $165,240.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for
weather forecasting services for Denton Municipal Electric; and
WHEREAS, the City Manager, or a designated employee, has received, reviewed, and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies, or services shown in the “Request Proposals” on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
8420 Atmospheric G2, LLC $ 165,240.00
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items wish
to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the
proposals, the City Manager, or their designated representative, is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications, standards, quantities, and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. 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 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by arIa_ Dc,A and
seconded by ( h, 13 L b1 & h J . This ordinance was passed and approved by the
following vote Lz_ - L] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:,/
,/
,/
,,/
L/
,/
„,‘
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:
PASSED AND APPROVED this the fOR dayof npr\ \, 2024.
gEO
ATTEST:
LAUREN THODEN, CITY SECRETARY
C/au„an_buda-
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department Users
and Groups, ou=General
government, ou=Legal,
cn=Marcella Lunn.
email=MaKella.Lunn@cityofdenton
com
Date: 2024.03.25 08:32:07 -05'oO'
BY: - XXiM\\h\ \\\hx\
DocuSign Envelope ID: 7B9EBBCF4B63-4ECF-8CFF-B72C78DB454B
DENTON
Docusign City Council Transmittal Coversheet
8420
File Name w ,athe, Se„,lces F,r,casti,g
Pur,h„i,g C,„t„t c h'i;=; c h’i;*:;'
City Council Target Date APRIL 16’ 2024
Piggy Back Option
Contract Expiration
Ordinance
RFP
Yes
APRIL 16, 2027
24-740
DocuSign Envelope ID: 7B9EBBCF4B634ECF4CFF-B72C78DB454B
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND ATMOSPHERIC G2, LLC
(CONTRACT 8420)
THIS CONTRACT is made and entered into this date 04/16/2024 , by
and between ATMOSPHERIC G2, LLC a DELAWARE Limited Liability Company, whose
address is 1266 W. Paces FerTy Road, Suite 627, Atlanta, GA 30327 hereinafter referred to as
"Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation,
hereinafter referred to as "City," to be effective upon approval of the Denton City Council and
subsequent execution of this Contract by the Denton City Manager or their duly authorized
designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall provide products and/or services in accordance with the City’s document
RFP 8420 – Weather Services Forecasting, a copy of which is on file at the office of Purchasing
Agent and incorporated herein for all purposes. The Contract consists of this written agreement
and the following items which are attached hereto and incorporated herein by reference:
(a)
(b)
(C)
(d)
(e)
(f)
(g)
Special Terms and Conditions (Exhibit “ A”);
City of Denton’s RFP 8420 (Exhibit “B” on File at the Office of the Purchasing
Agent);
Contractor’s Order Form (Exhibit “C”);
City of Denton Standard Addendum to Agreement ((Exhibit "D");
Certificate of Interested Parties Electronic Filing (Exhibit "E");
Insurance Requirements (Exhibit “F”);
Form CIQ – Conflict of Interest Questionnaire (Exhibit "G");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
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.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year
Contract # 8420
DocuSign Envelope ID: 7B9EBBCF-+B634ECF4CFF-B72C78DB454B
and day first above written.
ATMWPuum!£:G2, LLC
hU MRAIp&BY Html -SIGNATURE
CITY ObD£Mn9B, TEXAS
SMA A%q£VBYgi:WnmRaafAir
Pdnted Name. Todd Navarra
Title: CEO
4124276390
ATTEST:
LAUREN THODEN, CITY SECRETARY
PHONE NUMBER WHy~BDocuSigned by:
tn<gatmospherlcg2 . com
EMAIL ADDRESS APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY2024-1124774
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
'DocuSigned by:
BY:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
y.rntonio Puente , Jr .
PRINTED NAME
DMC Genera1 Manager
TITLE
E1 ect rI c
DEPARTMENT
Contract # 8420
DocuSign Envelope ID: 7B9EBBCF4B63J+ECF.8CFF-B72C78DB454B
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $165,240. Pricing shall be per Exhibit C attached.
2. The Quantities
The quantities indicated on Exhibit C are estimates based upon the best available information. The City reserves
the right to decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual
purchase orders will be issued on an as needed basis.
3. Contract Terms
The contract term will be three (3) years, effective from date of award or notice to proceed as determined by the
City of Denton Purchasing Department. At the mutual agreement of the parties, the Contract may be further
extended as needed, not to exceed a total of 12 (12) months.
4. Price Escalation and De-escalation
On Supplier’s request in the form stated herein, the City will implement an escalation/de-escalation price
adjustment annually based on these special terms. Any request for price adjustment must be based on the, U.S
Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) or the manufacturer published
pricing list. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be
determined annually at the renewal date. The price will be increased or decreased based upon the annual
percentage change in the PPI or the percentage change in the manufacturer’s price list. Should the PPI or
manufacturer price list change exceed a minimum threshold value of +/- 1%, then the stated eligible bid prices
shall be adjusted in accordance with the percent change not to exceed the 8% limit per year. The supplier
should provide documentation as percentage of each cost associated with the unit prices quoted for
consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing
Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting
documentation as justification for the request. If no request is made, then it will be assumed that the current
contract price will be in effect.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as
competitive with the general market price at the time, and become effective upon the renewal date of the
contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a
properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract
by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a
determination has been issued. Pre-price increase prices must be honored on orders dated up to the official date
of the City of Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
2
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Exhibit B
(On File at the Office of the Purchasing Agent)
DocuSign Envelope ID: 7B9EBBCF-+B63JIECF-8CFF-B72C78DB454B
Exhibit C
(Contractor’s Order Form)
Atmospheric _
ORDER FORM
Atmospheric G2 LLC ("AG2")
1266 W. Pages Ferry Rd . Suite 627
Atlanta. GA 30327
USA
+1 470 377 1487
Customer Address:City of Denton
("Customer")901B Texas St
Denton, TX 76209
USA
(940) 349-7614
Contact Name:Stephen Johnson Mike Germaske
Stephen.Johnson@cityofdenton.com mg@atmosphericg2.comContact Email
This Order Form and the Subscription Services Agreement
(https://www.atmospheric f12.com/agreements/ssa), collectively referred to as the “Agreement’, is
made effective (“Effective Date”): (a) if this Agreement entered into by the parties via a signed Order
Form, on the effective date set forth on the Order Form, or the date when you first use any of the
Service Offerings. The Agreement is by and between Atmospheric G2, LLC (“AG2”), and the
company on whose behalf you are entering into this Agreement (“Customer”). You represent to AG2
that you are lawfully able to enter into this Agreement (i.e., you are over the age of 18), and you
represent to AG2 that you have legal authority to bind that entity. Customer may at any time during
the Agreement request additional Services via an Order Form which shall be incorporated in this
Agreement automatically as of the date of its execution by both parties.
Product
Code
Total 3
Year Price
$67,230.00
832,400.004/1/2024
Total Annual Fee: i 8339210.00
DocuSign Envelope ID: 7B9EBBCFztB63J}ECF4CFF-B72C78DB454B
Invoices to be sent to: Linda.Ames@cityofdenton.com PO #, if
applicable: Total Annual Fee: $33,2 10.00
All Services will be billed 30 days in advance.
term unless canceled pursuant to the Agrooment.
Payment terms are net 30.
Service Agreement Number: 0077452084
DocuSign Envelope ID: 7B9EBBCF4B63'+ECF-8CFF-B72C78DB454B
This Agreement is governed by the Subscription Services Agreement at
https://www.atmosphericq2.com/agreements/ssa.
In the event of any inconsistency between the terms of this Order Form and the Subscription Services
Agreement, the terms of the Subscription Services Agreement will take precedence unless this Order
Form expressly states its intent to supersede (and identifies by section reference) the affected
provision of the Governing Contract. For the avoidance of doubt, the terms of Exhibit A supersede
any unnegotiated terms in the Order Form or Subscription Services Agreement.
The customer represents to AG2 that you are lawfully able to enter into this Agreement, and you
represent to AG2 that you have legal authority to bind that entity.
This Service Description describes the Energy Trader Services AG2 provides
to Client. AG2 Trader Services Description
This Service Description describes the Data API Services AG2 provides
to Client. AG2 Data Services Description
AG2:Atmospheric G2 LLC ("AG2")
1266 W. Pages Ferry Rd. Suite
627 Atlanta, GA 30327
USA
+1 470 377 1487
Company:City of Denton
("Customer")901B Texas St
Denton, TX 76209
USA
Signature:Signature:
Name:
Title:
Sara Hens1 ey
C1 ty Manager
Name:
Title:
Todd Navarra
CEO
Effective Date: 04/01/2024
DocuSign Envelope ID: 7B9EBBCF4B634ECF-8CFF-B72C78DB454B
Exhibit D: Standard Addendum to Agreement (Tech
Services Addendum)
The agreement between the City of Denton, a Texas home-rule municipal corporation (“City”),
and the other party to the agreement (“Vendor”) to which this Standard Addendum to Agreement
(this “Addendum”) is attached, is subject to the terms and conditions of this Addendum, which
are incorporated for all purposes into the agreement to which they are attached (the
“Agreement”). In the event of a conflict between the Agreement and this Addendum, this
Addendum shall govern, and no term or condition in subsequent invoices or statements shall
serve to modify the terms of this Addendum. Any term or condition of the Agreement that is not
superseded by a term or condition of this Addendum shall remain in full force and effect.
Payment. In accordance with Chapter 2251 of the Texas Gov’t Code: (a) payment shall be
made no later than thirty days following the later of (i) delivery of the goods or services, (ii)
performance is complete, or (iii) delivery of an invoice to City; and (b) interest, if any, on past
due payments shall accrue and be paid at the maximum rate allowed by law. Invoices and any
required supporting documents must be presented to: City of Denton – Purchasing Department,
901 B Texas Street, Denton, TX 76201.
Tax Exempt. No taxes shall be included in the invoice. City is exempt from the
payment of taxes and the purchase order serves as the required exemption certificate for tax
exemption. The City will provide other exemption certificates or documentation confirming
its tax-exempt status as requested.
Governing Law and Venue. The Agreement shall be construed and enforced under and in
accordance with the laws of the State of Texas. Venue for all issues arising from or related to
the Agreement shall be resolved in the courts of Denton County, Texas, and the parties agree
to submit to the exclusive jurisdiction of such courts.
No Excess Obligations. In the event the Agreement spans multiple fiscal years, the City’s
continuing performance under the Agreement is contingent upon the appropriation of funds to
fulfill the requirements of the Agreement by the City Council of the City of Denton. If the City
Council of the City of Denton fails to appropriate or allot the necessary funds, City shall issue
written notice to Vendor that City may terminate the Agreement without penalty, further duty,
or obligation.
Delivery. Delivery shall be FOB Destination.
Public Information. City shall release information in accordance with the Texas Public
Information Act, Tex. Gov’t Code Chapter 552, and other applicable law or court orders. If
requested, Vendor shall make public information available to City in an electronic format, and
any portions of records claimed by the Vendor to be proprietary must be clearly marked as such.
Insurance. City is insured for general liability insurance under a self-insurance program
covering its limits of liability. The parties agree that such self- insurance by City shall,
without further requirement, satisfy all insurance obligations of City under the Agreement.
Israel Non-Boycott Verification. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, City is prohibited from entering into a contract with a
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company 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 the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifres that Vendor’s signature provides written verifIcation to
City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel daring the term of
thd Agreement. Failure to meet ot maintain the
requirements under this provision will be considered a material breach.
Foreign Terrorist Organization Prohibition Verification. Section 2252 of the Texas
Government Code restricts City from contracting with companies that do business with Iran,
Sudan, or a foreign terrorist organization. By signing this Addendum, Vendor certifies that
Vendor’s signature provides written verifIcation to City that Vendor, pursuant to Chapter
2252, is not ineligible to enter into this Addendum and will not become ineligible to receive
payments WIlder the Agreement by doing business with Iran, Sudan, or a foreign terrorist
organization . Failure to meet or maintain the requirements under this provision will be
considered a material breach.
INDEMNITY. THE VENDOR SHALL INDEMNIFY AND SAVE AND HOLD
HARMI JESS THE CITY AND ITS OFFICERS, OFFICIALS, AGENTS, AND
EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS,
DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT
LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES ASSERTED
AGAINST OR INCURRED BY CITY, AND INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY
DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE
VENDOR OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES
INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR
PERFORMANCE OF THE AGREEMENT. Nothing in this Addendum shall be construed to
create a liability to any person who is not a party to this Addendum, and nothing herein shall
waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or
litigation filed by anyone not a party to this Agreement, including the defense of governmental
immunity, which defenses are hereby expressly reserved.
Limitations. City is subject to constitutional and statutory limitations on its ability to
enter into certain terms and conditions of the Agreement, which may include those terms
and conditions relating to: liens on City property; disclaimers and limitations of
warranties; disclaimers and limitation of liability for damages; waivers, disclaimers, and
limitation on litigation or settlement to another party; liability for acts or omissions of third
parties; payment of attorney’s fees; dispute resolution; and indemnities. Terms and
conditions relating to these limitations will not be binding on City, except to the extent not
prohibited by the Constitution and the laws of the State of Texas.
Prohibition on Contracts with Companies Boycotting Certain Energy Companies.
Vendor 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 company that it (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. The terms
“boycott energy company” and “company” shall have the meanings ascribed to those terms in
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Section 809.001 of the Texas Government Code. By signing this agreement, Vendor certifies
that Vendor’s signature provides written verification to the City that Vendor: (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 breach.
Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and
Firearm Trade Associations. Vendor 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 company that 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 Chapter 2274 of the Texas Government Code. By signing this
agreement, Vendor certifies that Vendor’s signature provides written verification to the City that
Vendor: (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. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
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 contracting with companies that do business with Iran, Sudan, or a foreign terrorist
organization. By signing this agreement, Vendor certifies that Vendor’s signature provides written
verification to the City that Vendor, pursuant to Chapters 2252 and 2270, is not ineligible to enter
into this agreement and will not become ineligible to receive payments under this agreement by
doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies. The City of Denton may terminate this Contract immediately
without any further liability if the City of Denton determines, in its sole judgment, that this
Contract meets the requirements under Chapter 2274, and Vendor is, or will be in the future, (i)
owned by or the majority of stock or other ownership interest of the company is held or controlled
by 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, or other designated
country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country.
DocuSign Envelope ID: 7B9EBBCF4B634ECF-8CFF-B72C78DB454B
Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
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 State
Print a copy of the completed Form 1295
Enter the Certificate Number on page 2 of this contract.
Complete and sign the Form 1295
Email the form to purchasing(q}cityofdenton.com with the contract number in the subject line.
(EX: Contract 8420 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
DocuSign Envelope ID: 7B9EBBCF-tB63-+ECF8CFF-B72C78DB454B
Exhibit F
Insurance Requirements
Respondent’s attention is directed to the insurance requirements below. It is highly recommended
that respondents confer with their respective insurance carriers or brokers to determine in
advance of Proposal/Bid submission the availability of insurance certifIcates and endorsements
as prescribed and provided herein. If an apparent low respondent fails to comply strictly with the
insurance requirements, that respondent may be disqualifIed from award of the contract. Upon c
o n t r act aw a r d , a 1 1 i n sura nc e r e q u i r e m e n t s shall become contractual obligations ,
which the successful contractor shall have a duty to maintain throughout the course of this
contract .
STANDARD PROVISIONS:
Without ! i m i t i n g an y of th e o t h e r o b ! i g a t i o n s o r liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed and
accepted by the City of Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
As soon as practicable after notification of contract award, Contractor shall fIle with the
Purchasing Department satisfactory certifIcates of insurance including any applicable
addendum or endorsements, containing the contract number and title of the project Contractor
may, upon written request to the Purchasing Department, ask for clarification of any insurance
requirements at any time; however, Contractors are strongly advised to make such requests prior
to proposal/bid opening, since the insurance requirements may not be modified or waived after
proposal/bid opening unless a written exception has been submitted with the proposal/bid.
Contractor shall not commence any work or deliver any material until he or she receives
nott$cation that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A- or better.
•Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees, and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
•Liability policies shall be endorsed to provide the following:
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o Name as Additional Insured the City of Denton, its Officials, Agents, Employees,
and volunteers.
0 That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
o Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the expiration
date
•Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
•Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
A. COMMERCIAL GENERAL LIABILITY INSURANCE Commercial General
Liability Insurance including, but not limited to, Premises/Operations, Personal &
Advertising Injury, Products/Completed Operations, Independent Contractors, and
Contractual Liability with minimum Weather Services Forecasting – 8420 combined
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bodily injury (including death) and property damage limits of $1,000,000.00 per
occurrence and $2,000,000.00 general aggregate.
DocuSign Envelope ID: 7B9EBBCF4B634ECF-8CFF.B72C78DB'£54B. , .' –’ -’-'- -–’ - –-––––- -–-- -––’ -–’ – –- -––EXhibit G - Form CIQ
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental enti
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular 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 Denton
Ethics 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 th
date 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 Code.
misdemeanor.
a mU.
An offense under this section is a
Atmospheric G2 , LLC
2
[X]
Check this box if you are filing an update to a previously filed questionnaire.
(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.)
d 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. Tbis section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined 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?H Yes n 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?
= Yes a 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 ,“n ~.
D.Describe each employment or business and family relationship with the local government officer named in this section.
4
5
LJ I have no Conflict of Interest to disclose.
'DocuSigned by:
hIA MaaIr&
MI with the governmental entity
3/20/2024
Date
DocuSign Envelope ID: 7B9EBBCF-+B63-4ECF4CFF-B72C78DB454B
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 1 76 ofthe Local Government Code may be found at http://www.statutes.legis.state.a.us/ Docs/LG/htm/LG 176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
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 of a 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 leaseofgoods 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 govemment officer 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 govemmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vaxk)c
(B) has given to the local govemment officer or a family member ofthe officer one or more gifts that have an aggregatevalueofmore
than $ 100 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 fa-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 govemmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local govemmental entity, or a family member of the officer, 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 day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local govemmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local govemmental 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 officer,
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 3d degree ofaffinibr (marriage) or consanguinity (blood 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 Cornrnission 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 rightof-way 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 gin
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.
orm provided by Texas Ethics Commission www. ethics .state . tx . us Revised 11/30/2015
[k)cuSign
Certificate Of Completion
Envelope Id: 7B9EBBCF4B634ECF8C;FFB72C78DB4MB
Subject: Please DocuSign: City Council Contract 8420 - Weather Services Forecasting
Source Envelope:
Document Pages: 17
Certificate Pages: 7
AutoNav: Enabled
Status: Completed
Signatures: 8 Envelope Originator:
Christa ChristianInitials: 1
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901 B Texas Street
Denton, TX 76209
Christa.Christian@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
3/19/2024 7:26:01 PM
Holder: Christa Christian
Christa.Christian@cityofdenton.com
Location: DocuSign
Signer Events
Christa Christian
christa.christian@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature Timestamp
Sent: 3/1 9/2024 7:30:29 PM
Viewed : 3/1 9/2024 7:30:39 PM
Signed: 3/1 9/2024 7:30:45 PM
Completed
Using IP Address: 198.49.140.104
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/19/2024 7:30:47 PM
Viewed: 3/20/2024 10:43:05 AM
Signed: 3/20/2024 10:43:27 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)
-DocuSlgned by:
IManL[htJAh&b
.48070831B4AA438.
Sent: 3/20/2024 10:43:30 AM
Viewed: 3/20/2024 5:06:36 PM
Signed: 3/20/2024 5:08:31 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Navarra
trI@atmosphericg2.com
CEO
Atmospheric G2
Security Level: Email, Account Authentication
(None)
'tknuSlgned by:
1 fax Ma„rr“
.9CB3FIOA8A454A5.
Sent: 3/20/2024 5:08:37 PM
Viewed: 3/20/2024 5:09:04 PM
Signed: 3/20/2024 5:11:11 PM
Signature Adoption: Pre-selected Style
Using IP Address: 71.60.217.115
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 3/20/2024 5:09:04 PM
ID: ab6384b8-3fe8468b-b2bl-8d9d39f38e09
Signer Events
Antonio Puente, Jr
Antonio.Puente@cityofdenton.com
DME General Manager
Security Level: Email, Account Authentication
(None)
Signature
tknu8igrnd bF
IAta&i6 elk&lb Jc
E3760944C2BF4B5_[1
Timestamp
Sent: 3/20/2024 5:11:14 PM
Viewed: 3/20/2024 5:20:11 PM
Signed: 3/20/2024 5:21 :28 PM
Signature Adoption: Pre-selected Style
Using IP Address: 174.244.18.32
Signed using mobile
Electronic Record and Signature Disclosure;
Accepted: 3/20/2024 5:20:11 PM
ID: 9dfld91 1-fbd842544901-5ea0222d5e88
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: 3/20/2024 5:21 :33 PM
Viewed: 4/1 7/2024 9:07:37 AM
Signed: 4/1 7/2024 9:08:28 AM
Using IP Address: 198.49.140.10
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Completed Sent: 4/17/2024 9:08:31 AM
Viewed: 4/1 7/2024 9:08:54 AM
Signed: 4/1 7/2024 9:09:11 AM
Using IP Address: 198.49.140.10
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 4/1 7/2024 9:09:15 AM
Viewed: 4/1 7/2024 9:31 :54 AM
Signed: 4/1 7/2024 9:32:07 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
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
'DocuSlgn•d bv
1 dIALA&b:bb&d&b
,D09D09GAD33D487
Sent: 4/17/2024 9:32:10 AM
Viewed: 4/18/2024 8:12:12 AM
Signed: 4/1 8/2024 8:13:01 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy Events 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
Status Timestamp
Sent: 3/19/2024 7:30:47 PM
Mike Germaske
mg@atmosphericg2.com
Sales Leader - North America
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/2/2022 1 :53:51 PM
ID: 8c6e9098=173240e9-819b-75a891e3978d
Sent: 3/20/2024 5:08:36 PM
Viewed: 3/20/2024 5:38:01 PM
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
Sent: 3/20/2024 5:21 :32 PM
Viewed: 3/22/2024 8:38:54 AM
City Secretary OfFice
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 4/1 8/2024 8:13:05 AM
Viewed: 4/1 8/2024 4:41 :31 PM
Stephen Johnson
Stephen.Johnson@dmepower.com
Manager, Energy Mgmt Office
City of Denton, DME
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 4/18/2024 8:13:07 AM
Witness Events Signature
Signature
Timestamp
Notary Events Timestamp
Envelope Summary Events Status Timestamps
3/19/2024 7:30:29 PM
3/22/2024 7:10:55 AM
4/2/2024 9:33:55 AM
4/2/2024 9:33:55 AM
4/9/2024 1 1 :31 :08 AM
4/9/2024 1 1 :31 :08 AM
4/9/2024 1 1 :31 :08 AM
4/1 8/2024 8: 12: 12 AM
4/1 8/2024 8:13:01 AM
4/1 8/2024 8:13:07 AM
Envelope Sent
Envelope Updated
Envelope Updated
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Certified Delivered
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: Todd Navarra, Antonio Puente, Jr., Mike Germaske
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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