2014-051AN ORDINANCE OF THE CITY OF DENTON' TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF CRAFCO POLYFLEX III SEALANT FROM CRAFCO TEXAS, INC.,
WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT
CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5475 -
AWARDED TO CRAFCO TEXAS, INC., IN THE UNIT PRICE AMOUNT OF $0.60 PER
POUND FOR AN ANNUAL ESTIMATED AMOUNT OF $85,000 AND A TOTAL THREE
(3) YEAR NOT -TO- EXCEED AMOUNT OF $255,000).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including; items that are only available from
one source because of patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are available
only from the persons holding exclusive distribution rights to the materials; and need not be
submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
• • • l • •'• 10
SECTION 1. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
5475 Crafco Texas, Inc, $255,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including, items that
are only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases;
captive replacement parts or components for equipment; and library materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials; and
need not be submitted to competitive bids.
SECTION 3. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. 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 5475 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 1 &'6:) day of Edba", 2014.
. . . . . .. . . ... .......
MARK A. 13-1-JRk0U(jHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
tBY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY
5475
WANWONWOMWAS a--=-
-E2K-N5-A-1 I J0-k7Z1Tf
FILE:95475
THIS CONTRACT is niade aiid entered Him this jb* (Jay of_
2014, by and between Crafco Texas, Iiicorporated, a corporation, whose address is 105 Tower
Drive, San Antonio, Texas 78232, hereinafter referred to as "Supplier," 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 his 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:
Supplier shall provide products in accordance with the Supplier's proposal in response
thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit
I'D". The Contract consists of this written agreement and the following items which are attached
hereto and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit "A")
(b) City of Denton Standard Terms and Conditions (Exhibit 66 B99)
(c) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C").
(d) Supplier's Proposal. (Exhibit I'D");
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."
FILE 5475 Page 1 of 19
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
SI.JP111-JER
BY: 7-
AUTHORIZED SIGNATURE
Date,: z,-(.- 14
Naine:
Title- —Pre.% %'eLe 4
I wow 11 Cm
FAX NUMBER
GEORGE C. CAMPBEIJ-, CITY MANAGER
Date:
FILE 5475 Page 2 of 19
The Quantities indicated on Exhibit D are estimates based upon the best available information.
The City reserves the right to increase or 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.
Authorized Distributor
The supplier shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the
manufacturer's representative as needed by the City.
Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional two (2) one-year periods.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton,
the contract may be further extended as needed, not to exceed a total of six (6) months.
FILE 5475 Page 3 of 19
Total Contract Amount
The contract total shall not exceed $255,000 during the three-year contract term. The unit
pricing shall be per Exhibit D attached.
Delivery Lead Time
Products or services will be delivered seven (7) days after the receipt of order from the City.
FILE 5475 Page 4 of 19
Dmillmon
City of Denton
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other
requirements included in the City of Denton's solicitation are applicable to Contracts/Purchase Orders
issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after
deviations must be in writing and signed bkL"r -presentative of the City's
Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal
response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict
between the provisions on the face of the Contract/Purchase Order these written provisions will take
By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be
governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated.
Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a
Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to
purchase Services to be performed principally at the City's premises or on public rights-of-way.
1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the
covenants and conditions of the Contract
and all applicable Federal, State, and local laws, rules, and regulations.
... EFFECTIVE DATE/TERM. Unless otherwise s-,tecified in the Solicitation, this Contract shall be effective as of
the date the contract is signed by the City, and shall continue in effect until all obligations are performed in
q,ccor4.R.nce with the Contract.
3. SUPPLIER TO PACKAGE DELIVERABLE& The Supplier will package deliverables ivaccordance with
good commercial practice and shall include a packing list showing the description of each item, the quantity and unit
price uu|cao otherwise provided in the Specifications or Supplemental Terms and CouJbionu, each shipping
container o6oU be clearly and permanently marked as follows: (u) The Supplier's oumo and address, (h) the City's
name, address and purchase order or purchase rc|uuuo number and the price agreement number if applicable, (o)
Container number and total number ofcontainers, e.g. box l o[4boxes, and (d)the number of the container bearing
the packing list. The Supplier shall bear cost nf packaging. Deliverables shall bn suitably packed to secure lowest
transportation costs and to conform to all the requirements of common carriers and any applicable specification. The
City's count or weight shall hofioa| and conclusive on shipments not accompanied hy packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier io not authorized to ship the
deliverables under reservation and nn tender ofu bill o[ lading will operate aeu.tendoroCdeliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City
actually receives and accepts the deliverables.
Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the
Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to
the City to factate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply
with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall
constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the
time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then
make a conforming tender within the time allotted in the contract.
Environmental Protection: The supplier shall be in compliance with all applicable standards, orders, or regulations
rssued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution
Control Act, as amended, (33 U.S.C. § 1251 et seq.).
12. INVOICES:
A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
FILE 5475 Page 6 of 19
14. TRAVEL EXPENSES: All travel, lodging and per them expenses in connection with the Contract shall be paid
FILE 5475 Page 7 of 19
by the Supplier, unless otherwise stated in the contract terms.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special
tooling • special test equipment fabricated • required • the Supplier for the purpose • filling this order, such
special tooling equipment and any process sheets related thereto shall become the property of the City and shall be
identified by the Supplier as such.
FILE 5475 Page 8 of 19
20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverables
furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and
encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to
the deliverables.
22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the City
under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with
generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all
FILE 5475 Page 9 of 19
FILE 5475 Page 10 of 19
29. FRAUD: Fraudulent statements by the Supplier on any Offer or in any report or deliverable required to be
submitted ► the Supplier to the City shall be grounds for the termination • the Contract for cause by the City and
FILE 5475 Page I 1 of 19
City of Denton
901B Texas Street
Denton, 1s
City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the
Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the
Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by th,;
Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is
i-ubject to the Texas Public Information Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the
City dbm: (i) the Supplier mhuU provide the City good and indefeasible title to the deliverables and (ii) the
deliverables supplied hy the Supplier io accordance with the npuuifiomiiooaiothe Contract will not infringe, directly
o,uo/¢ributorUy' any patent, trademark, copyright, trade oeoret, or any other intellectual property right of any kind
of any third party; that no claims have been made by any person or entity with respect to the ownership or operation
of the deliverables and the Supplier does not know nf any valid basis for any such claims. The Supplier shall, at its
sole expense, defend, indemnify, and hold the City hurm|oxm from and against all |iabUity, damages, and costs
(including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i)
any c}oim that the City's exercise anywhere in the world ofthe 6gb1m associated with the City's' ownership, and if
applicable, license rights, and its use of the do|ivero6\om infringes the intellectual property rights nf any third party;
or(ii)the Supplier's breach of any of Supplier's representations or warranties stated in this Contract. luthe event of
any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to
act as co-counsel on the City's behalf. Further, Supplier ugn:uu that the City's upuuifiuo1iona regarding the
doUvecuk|oo shall in no vvuy diminish Supplier's warranties or obligations under this paragraph and the City makes
no vvunao{y that the production, dmveiopmeu(, or delivery of such deliverables will not impact such vvunuodeo of
Supplier.
37. CONFIDENTIALITY: In order to provide the deliverables 0u the City, Supplier may require access to certain
of the City's and/or its licensors' uoofidcn1io| information (including inventions, employee information, trade
ocurctm, confidential know-how, confidential business information, and other information which the City or its
\icuouo,a consider confidential) (collectively, "Confidential Information"). Supplier acknowledges and agrees that
the Confidential loK/nuariou is the valuable property of the City and/or its \iccuuom and any unauthorized use,
disclosure, dissemination, or other release ofthe Confidential Information will substantially injure the City and/or its
licensors. The Supplier (including its employees, subcontractors, agents, or representatives) agrees that it will
maintain the Confidential Information in strict cnofiduuuo and shall not d|oo|oau, disseminate, copy, divulge,
/eoruu1u, or otherwise use the Confidential lufb,mnuioo without the prior written unune/u of the City or in a manner
not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law
or an order of any court or other governmental authority with proper jurisdiction, provided the Supplier promptly
notifies the City before disclosing such information aoaxtn permit the City reasonable time to seek an appropriate
protective order. The Supplier agrees to use protective measures no |cea stringent than the Supplier umoe within its
own business to protect its own most valuable information, which protective measures shall under all circumstances
be at least reasonable measures to ensure the continued confidentiality of the Confidential Information.
FILE 5475 Page 13 of 19
FILE 5475 Page 14 of 19
�6. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in
writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of
default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations
a simillgr or different character.
49. DISPUTE :
A.lYu dispute arises out oforrelates to the Contract, or the breach thereof, the parties agree to negotiate prior m
prosecuting u suit for damages. However, this section does not prohibit the fi|ingnfu lawsuit tu toll the running ofo
statute of limitations or to meek injunctive /e|iu[ Either party may make a written request for u meeting between
representatives of each party within fourteen (14) calendar days after receipt of the request orsuch later period as
agreed by the parties. Each party ohu|| include, at umiuimum, one (l) senior level individual with decision-making
authority regarding the dispute. The porponc o1'1hiy mnJ any awbucquen/ meedeQ is 1u attempt in good faith to
negotiate u nouu(u|<on o�thm Jim[mte. if, within thirty (30) oalendnrduym after such mc*bng° dhe parties have not
succeeded ill m rnmak16011 o[|hodiypute, they will pmoomJ J|rcwdy to wc61ndun as doeudhod kdmw.
Negotiation may be waived by x wri&wz ogreuneaC signed hy6Wh pmr|cm, in whieh evom|ilc ywdimm mxy proceed
directly to mediation oo described below.
B. If the efforts to resolve the dispute through nogo||uUmn DzU, or the poxdeo naive Alc nu@pduL[m' pnocesu, the
parties may select, within thirty (30) calendar (hlys, a illedintor trained ill niediation skills to assist with resolution of
the dispute. Should they choose this option; tile 0(�mnd/hrSuNdiu' agree ,u act h`puod|bi/bhnd`cm6euti000fthe
mediator and to give consideration to qualified hidividtials, /mmixmud to act on mediator. milling in the Contract
prevents the parties from relying no the skills of person who is maip:J |m the yn6joot mw/cr of tile dispute or u
contract iruo,pn:rution expert. }f the parties fail to agree oua mediator within thirty (3O) calendar days ofinitiation
o|'Hlm mediation process, Ulu mediator sbu)i be selected by the Denton County Alternative Dispute Keoo|otinu
Prmgra n (DCA[`). The parties mQmo(o Purdmipu|m in mediation io good faith for upto thirty (3O) calendar days from
the Ju-'e v[ first U'� M� mediation session. 'File Oty and the Supplier will will share the mediator's fees equally and the
pardes -wi)| bear dm|r mmm costs wfpxn|uipatioo such as G:ea for any consultants or attorneys they may utilize to
represent them or otherwise assist them in the nlmdia1ion.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of
Texas, including, when applicable, the Duifbrno Commercial Code as adopted in Texas, \/IC.A., Buy. & Comm.
Code, Chapter l, excluding any rule or principle that ^vmui6 ,e8:r to and apply the substantive |uw ofmlo/bor state or
jurisdiction. All issues arising from this Contract s|m\| be resolved |u tile courts u1'DmommCounty`1cxuoand thc
parties agree to submit to the exclusive personal jurisdiction nfmuch onnrty. The |br"g»iu_g, however. shall not he
construed or interpreted to limit or restrict the right or nb|iby ofdho City to seek and omomre injunctive mm\|myAom
any competent authority um contemplated herein.
51 I��`�'����a���� The invalidity, illegality, or uoenfbrcexbi\by of any provision of the Contract ohuU in no "vxy
' f db �i provision of Contract. ��oy void provision mbaU be
affect the va|id�ynrenforceability o any o �r po ou or» `�
�l5ofl9 o
�a
FILE 5475 ���
deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract
did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to
replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section xhuU not prevent this entire Contract from being void should upmviaioo
which ixthe essence of the Contract 6e determined tobovoid.
Now ear's Day (observed)
MLK Day
Memorial Day
4th ofJuly
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (obmerved)
Christmas Day (obaon/ed)
New Year's Day (obmcrvoJ
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday,
it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pin,
Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not
within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on
the parties, including but not limited mthe warranty, indemnity, and confidentiality obligations oy the parties, shall
survive the expiration or termination of the Contract.
54. OR DEBARMENT CERTIFICATION:
The City of Denton ix prohibited from contracting with or making p6mcn,auh-awuo] to parties that are suspended
or debarred orwhose principals are suspended or debarred 6nmPcdemi State, or City ofDenton Contracts. By
accepting u Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or
debarred from doing business with the PudeuJ Government, as indicated by the General 3mmiucs Administration
List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State ofTexas, or the City
of Denton.
�l0ofly =
�u�
FILE 5475 -
any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the
submittal does not affect this right.
58. LICENSE FEES 0
the State of Texas, any and all fees and taxes are the responsibility of the supplier.
59. PREVAILING WAGE RATES: All suppliers will be required »n comply with Provision 5l59uof"Ver000`m
Annotated Civil Statutes" oythe State of Texas with respect to the payment ofprevailing wage rates and prohibiting
discrimination in the employment practices.
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAW8Th0000tmctn,orsuppUerobol
comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws
n1 all times, including, without limitation, the following: (i) §3O.O2o[ the Texas Penal Code, which prohibits
bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public
servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and
performance o[ the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Supplier shall demonstrate on-site compliance with
the Federal Tax Reform Act ofl986, Section l706,amending Section 53Oofthe Revenue Act ofofl978,dealing
with issuance offbnnu/-2's|o common law cmp|oymmo. Supplier ia responsible Kmr both 1`edmm| and State
unemployment ioaw'mnccuvvecmgeoxJ standard \Vmrkor^xCoinpooaatioo iuoummcmoovum-c. Supphmrsbal| enmcoo
oompUonuevvitbmU5odcru|ooJSxu|ccox|ewmund*hhkold|ngvcguio:mento.U'nIm[DuVunsho||notho|iuble
to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State
withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses
resulting from Supplier's omission o, breach o[ this Section.
62. DRUG FREE WORKPLACE: The supplier shall comply with the applicable provisions of the Drug-Free
Work Place Act ofl9X8 (Public Law lOO-69U, Title \, Subtitle D;4lU.S.C.70lBTSEQj and maintain udrug-
free work muvimmmmn4omd Uhn 0no2 rule, government-wide requhn,munto for drug-free wudk place {911 issued
byt6c0Dhouo[K1umxAemcv/aodIandthcDepartmen/o[DcL:uue(92CFRPmrtZ8O'SubpmtP)\u
implement tile pmvimimoao[|bc Drxg'F,ce Work Place Act u|" 1988 is imom'ymrutoJ by reRmruocemx| Ule supp|icr
shall comply with the, relevant provisions thereof, iou\udingmnymnmmJmcxt.sm the 6na| rule that moybemafterbe
issued.
sl7ofl9 ~
�u�
FILE 5475 �
1111FII11 I MM
UNION*
0111us I W91111.70 UJIM1111 Jill
Ow
M
agents, stiocontractors, anu suppliers, Incivaing any uenvori or uaitasu uvillpmv, M U1111lict.41111iff 171 ___
performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing
of any such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Supplier shall not be responsible for
performance under the Contract should it be prevented from performance by an act of war, order of legal authority,
tv f In the event
1k, , "mi-w-A-6-w-W low.11giii 1 o Denton.
61 Ci
01 an occurrence unuer MIS 3CUL1011, UIC7,511,PPILUE V111 #10 L;AUU6C&'11V111 alij lumicl
requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially
reasonable efforts to recommence performance or observance whenever and to whatever extent possible without
delay. The Supplier shall immediately notify the City • Denton Procurement Manager by telephone (to be
4,escri 4e- mAite
level of detail the circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract
will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either
*f_",wkW-it *r �rct shalloy r =eto li�mit_iM2aiL preclude,
ancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of &T
Contract will not be construed as a waiver of any continuing or succeeding breach.
FILE 5475 Page 18 of 19
WA 01111-1-3
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questlonnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE
USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date
person who has a business relationship as defined by Section 176.001(1 -a) with a local governmental Received
entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local ocal government entity not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
Name of person who has a business relationship with local governmental entity.
WIA
2
E-1 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 71h business day after the date the originally filed questionnaire becomes incomplete or
inaccurate.)
3 J Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B. C & D), must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(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 filer of the questionnaire?
= Yes = No
B. Is the filer of the questionnaire 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 = 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 10 percent or more?
DYes = No
D. Describe each affiliation or business relationship.
. .........
4
Signature of person doing business with the governmental Date
entity
FILE 5475 Page 19 of 19
:Jl Ati M
QUOTATION
To: The City Of Denton 9/30/2013
215 E. McKinney St.
Denton, TX. 76201 -4229
Attn: Dale Mitchell
Re: Poly Flex Sealant Quote
We appreciate the opportunity to submit the following quote:
Quantity Description Price
34521 12 Pallets (Approx 32,400lbs) of Crafco Poly Flex111 Sealant $0.60 Per lb.
Delivery drop charge $200.00
Quoted By: Lynn Cherry
Date: 9/30/2013