2013-154ORDINANCE NO. 2013-154
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE UTILITY BILL PRINTING AND
MAILING SERVICES CONTRACT WITH ANCOR 1NFORMATION MANAGEMENT, LLC,
DBA UTILITEC; PROVIDING FOR A ONE (1} YEAR CONTRACT EXTENSION WITH TWO
(2) ONE-YEAR OPTIONAL EXTENSIONS 1N THE NOT-TO-EXCEED AMOUNT OF
$350,000/YEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND
PROVIDING AN EFFECTIVE DATE (BID 4246—FIRST AMENDMENT TO CONTRACT FOR
UTILITY BILL PRINTING AND MAILING SERVICES 1N THE ANNiJAL AMOUNT NOT-TO-
EXCEED $350,000 FOR A THREE (3) YEAR NOT-TO-EXCEED TOTAL OF $1,050,000).
WHEREAS, on July 21, 2009 by Ordinance No. 2009-159, the City awarded a contract for
Utility Bill Printing and Mailing Services to Ancor Information Management, LLC dba Utilitec, in
the amount of $1,050,000; and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council this First Amendment be authorized to amend such contract agreement with respect to
renewing the agreement through July 21, 2015 and an increase in the payment amount; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment increasing the amount of the services agreement
between the City and Ancor Information Management, LLC dba Utilitec, which is on file in the
office of the Purchasing Agent, in an amount not-to-exceed One Million Fifly Thousand and 0/100
($1,050,000) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized
in accordance with said amendment. The total contract amount increases to $2,100,000.
SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 4246 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of 2013
>
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: -
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: �-
3-ORD- 4246
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIlZST AMENDMENT TO CONTRACT FOR UTILITY BILL PRINTING AND
MAILING SERVICES (BID # 4246)
WHEREAS, a"Contract for Utility Bill Printing and Mailing Services" was entered into
by and between the City of Denton, Texas and Ancor Information Management LLC, dba
Utilitec — Bid #4246 (hereafter the "Contract") on the 21St day of July, 2009, by Ancor
Information Management LLC, dba Utilitec, a corporation (hereafter the "CONTRACTOR"),
acting by and through its duly authorized officer or representative, and the City of Denton,
Texas, a Texas municipal corporation (hereafter "CITY"), having been duly executed and
approved by the City Manager, within his delegated signature authority on behalf of the City;
said Agreement provided for Utility Bill Printing and Mailing Services for the City of Denton
Customer Service Department; and both CONTRACTOR and the CITY have each resolved that
the Agreement should be continued and amended as to certain provisions, to wit:
NOW, THEREFORE, in consideration of the covenants and agreements herein
contained, CONTRACTOR and the CITY mutually agree to amend the Agreement by this "First
Amendment to Contract for Utility Bill Printing and Mailing Services" (hereafter the "First
Amendment"), to provide for an increase in the expenditure authority expressed in the Contract,
due to the fact that the CITY needs the further services of CONTRACTOR to perform the tasks
described in Article I(a) of the Contract which tasks have increased in scope and volume; and
CONTRACTOR and the CITY hereby amend the Sections of the original Contract as
follows; and
SECTION III.
TERM OF CONTRACT
Section III of the Contract shall instead read:
"This Contract is extended for one (1) additional year from the original termination date
of July 21, 2012 with the option to renew for two (2) additional one (1) year periods.
SECTION IV.
PAYMENT
In the first paragraph of Section V. of the Contract shall instead read:
"Payments hereunder shall be made to Contractor following city's acceptance of the worlc
and within thirty (30) days of receiving Contractor's invoice for the products and services
1
delivered. Total compensation under this First Amendment shall not exceed $1,050,000 over the
three year contract."
SECTION XVIII.
CONTRACT 1NTERPRETATION
This First Amendment includes all of the terms, provisions, warranties, agreements,
promises and covenents which are conta.ined in the Contract heretofore executed by
CONTRACTOR and the CITY on the 21 st day of July, 2009.
SECTION XXI.
AMENDED AGREEMENT
Save and except as amended hereby, all of the remaining clauses, sentences, paragraphs,
sections and subsections of the "Contract for Utility Bill Printing and Mailing Services"
heretofore entered into by CONTRACTOR and the CITY on the 21St day of July, 2009, shall
remain in full force and effecf.
This First Amendment shall be executed in four originals.
SIGNED AND DATED by the duly-authorized partners, representatives and officers of
the parties hereto effective on the � day of � , 2013.
ATTEST:
JENNI�ER WALTERS, CITY SECRETARY
By: .�:�J
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By
GEORGE CAMPBELL, CITY MANAGER
�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: <
"CONTRACTOR"
ANCOR INFORMATION MANAGEMENT LLC, dba UTILITEC
By� �� ��' L��-�