2015-002ORDINANCE NO 2O 15-0�2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF
A FIRST AMENDMENT TO A CONTRACT WITH ULTIMATE CNG, LLC. FOR THE
PURCHASE OF TEMPORARY MOBILE COMPRESSED NATURAL GAS (CNG); PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FILE 5424-PROVIDING FOR AN ADDITIONAL EXPENDITURE AMOUNT OF $450,000
WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $595,000).
WHEREAS, on April 15, 2014 by Ordinance No. 2014-097, the City awarded a contract for
the purchase of temporary mobile compressed natural gas to Ultimate CNG, LLC in the not-to-
exceed amount of $120,000; and
WHEREAS, a change order was issued by the Materials Management Department in the
amount of $25,000; and .
WHEREAS, this procurement is necessary to preserve or protect the public health or safety of
the City's residents under the provisions of Section 252.022(a)(2) Texas Local Government Code;
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
increasing the contract amount to not-to-exceed $595,000; 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 Ultimate CNG, LLC, which is on file in the office of the Purchasing Agent, in an amount not-to-
exceed Four Hundred Fifty Thousand and 0/100 ($450,000) Dollars, is hereby approved and the
expenditure of funds therefor is hereby authorized in accordance with said amendment. The total
contract amount increases to $595,000.
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 5424 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 S�rrL day of t° ��,��"� �;,�� �� �'��.��� „ 2015.
W
,
`"` � I
� �� �, � � �w�w� ..
-� ' � ��
����������. m , ..� ...m.��.
mm -�� Vi��" TS MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
° �
� � �� � � � � �,w� �..,�
BY� ` ��.�.� � � ::� m. �,r� .�.��...._--
���� „�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CI.TY ATTORNEY
� � �'������ �� � ��
B �� �� ���� � _ .
Y' � ,
.
..........��
I"
,��
THE STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO CONTRACT
No. 5464
THIS FIRST AMENDMENT TO CONTRACT (hereafter the "First Amendment") to
that certain Contract awarded by the City of Denton, Texas and awarded to Ultimate CNG, LLC
(hereafter the "Agreement") in the original not-to-exceed amount of $120,000, which was
heretofore executed on April 15, 2014, and a change order in the amount of $25,000 which was
approved on December 12, 2014, a11 approved within the delegated authority of the City of
Denton City Council; and said Agreement was heretofore entered into by and between the City
of Denton, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street,
Denton, Texas 76201 (hereafter the "CITY"); and the Ultimate CNG, LLC (hereafter
"ULTIMATE CNG") with its offices at 3185 Wheatland Farms Drive, Oakton, Virginia 22124;
and
WHEREAS, the Agreement referenced above, provided for ULTIMATE CNG to provide
temporary CNG fueling services to the CITY for up to four (4) times per week, of compressed
natural gas (CNG) into the City of Denton, CNG-fueled Solid Waste Department vehicles at the
City fueling site, using commercially reasonable efforts. ULTIMATE CNG has substantially
delivered the initial services as called for in the original Agreement; and the CITY deems it
necessary to further expand the services by ULTIMATE CNG to the CITY, and to provide for an
additional not-to-exceed amount of $450,000, for an aggregate of $595,000, for the additional
required services, in order to continue to fuel its fleet of CNG-fueled Solid Waste Department
vehicles.
NOW THEREFORE, the CITY and ULTIMATE CNG (hereafter collectively referred to
as the "Parties"), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following:
It is agreed that ULTIMATE CNG shall provide continued, but increased CNG fueling
services to the City, with service delivery up to five (5) times per week of compressed natural
gas (CNG) into the City of Denton, CNG fueled Solid Waste Department vehicles at the fueling
site, using commercially reasonable efforts.
It is further agreed that all previously agreed to pricing, fuel cost, transport fees, and
fueling fees, shall remain exactly the same as within the original Agreement referenced above.
The Parties hereto agree, that except as specifically provided for by this First
Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and
obligations of the Parties, set forth in both the Agreement and now the First Amendment shall be,
and will remain in full force and effect.
IN WITNESS WHEREOF, the City of Denton, Texas and ULTIMATE CNG, LLC, have each
executed this First Amendment in three (3) original counte arts, by G�r �� through their respective
duly authorized representatives and ofiicers on this the � day of�'� ��'���°,��������h , 2015.
� �
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
� � � .� ��W '�;
B " � 7 �a " � ,.,�..
- _, .
Y; "' ^" ��". � � ...��.� ��..».� �,,..� �����,�.�..
i.��i�r�� � Campbell City Manager �
ATTEST:
JENNIFER'i�'�:�.�TCL���, CITY SECRETARY:
:
�T� � �"� �:���� �'� TO LEGAL FORM:
��q� l A BURGESS, CITY ATTORNEY
B . i�� �"� �� '�w,f � � ..� ��
Y' � ,
w ��� e�
�... � .._._ ��.� ... �.� �,.�.��...�„�.
�
"ULTIMATE CNG"
ULTIMATE CNG, LLC,
A Limited ��a���p�t� Company
„�� ,��
� ��
B • ��,� .:., � � . ���,�',� �
Y• �.:::� ................_
mDennis Pick
Chief Executive Officer
�