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23-889 - 7187 - Formal Amendment 1 Ordinance Executed - FergusonORDINANCE NO. 23-889 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICPALCORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO ACONTRACT BETWEEN THE CITY OF DENTON AND FERGUSON ENTERPRISES, LLC.AMENDING THE CONTRACT APPROVED BY CITY COUNCil ON MARCH 17. 2020. INTHE NOT-TO-EXCEED AMOUNT OF $3,630,000.00, SAID FRST AMENDMENT TO CONTINUE TO PROVIDE WATER AND WASTEWATER INVENTORY FOR THEWAREHOUSE DEPARTMENT; PROViDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE (HB 7187 – PROVIDING FOR ANADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $907,500.00, FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $4,537,500.00). WHEREAS, on March 17, 2020, City Council awarded a contract to Ferguson Enterprises, LLC in the amount of $3,630,000.00, for the supply of water and sewer inventory parts; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees 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 First Amendment, increasing the amount of the contract between the City and Ferguson Enterprises, LLC, which is on file in the office of the Purchasing Agent, in the amount of Nine Hundred Seven Thousand Five Hundred and 0/100 ($907,500.00) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be effective upon the execution of the amendment attached hereto. The total contract amount increases to $4,537,500.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Lb and seconded by / c Gee . This ordinance was passed and approved by the following vote [X - a Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 : Jesse Davis. District 3 : VACANT. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: \/ ,''’ \/ ',/ ,/ Z PASSED AND APPROVED thi, th, a"& d,, ,f ma,y , 2023 N bltttlllll ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by MarcellaLunn . , DN: cn=Marcella Lunn. oBY: hI,bvatJd\ B: Ice::b;;:4.07 lo:40:19 -05'oo' AIn:=:YI =1 Per j@ILiLyuNel IL