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2015-363ORDINANCE NO. 2015 -363 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO AN AGREEMENT 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 $1,300,000; WITH THE TOTAL CONTRACT AMOUNT NOT -TO- EXCEED $1,895,000). WHEREAS, on April 15, 2014 by Ordinance No. 2014 -097, the City awarded an agreement entitled "Agreement for CNG Fuel Service" for the City's purchase of temporary mobile compressed natural gas to Ultimate CNG, LLC in the not -to- exceed amount of $120,000; said Agreement was for the purpose of providing necessary CNG gas fuel for the City's CNG gas - powered trucks and vehicles previously purchased by City for the use and operations of its Solid Waste Department; and WHEREAS, thereafter a Change Order was issued by the Materials Management Department in the amount of $25,000; and WHEREAS, on January 6, 2015 by Ordinance No. 2015 -002, the City awarded an agreement entitled "First Amendment to Contract with CNG, LLC.," in the not -to- exceed amount of $450,000, in an aggregate amount of not -to- exceed $595,000; and WHEREAS, thereafter it became necessary for the City to again enter into an agreement with CNG, LLC, for a multi -year agreement, for fiscal years 2016 and 2017; staff has proposed an amount of an additional $1,300,000 for said second amended agreement; said further agreement is entitled "Second Amendment to Contract with CNG, LLC," hereafter the "Second Amendment." 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 Second Amendment be authorized to amend such previous contracts with respect to increasing the contract amount to a total not -to- exceed $1,895,000; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION.J . The recitations contained in the preamble of this ordinance are hereby incorporated by reference as a part of this ordinance. SECTION 2. The Second 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 an additional $1,300,000, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said Second Amendment. The total contract amount increases to $1,895,000. SECTION 3. 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, Texas under File No. 5424 to the City Manager of the City of Denton, Texas, or his designee. SwECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the clad ��f`..� � � f� b � m y 2015, . .. ..... . .... CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ......... ��.... '�......���. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY B 4 DocuSign Envelope ID: 2A11 FB06- 9CC0 -41 F3- BBFD- EF564FC5EEA4 THE STATE OF TEXAS § COUNTY OF DENTON § SECOND AMENDMENT TO CONTRACT 45464 THIS SECOND AMENDMENT TO CONTRACT (hereafter the "Second Amendment ") to that certain Contract awarded by the City of Denton, 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, and a First Amendment in the amount of $450,000 which was approved on January 6, 2015, all 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 up to four (4) times per week of compressed natural gas (CNG) into the City of Denton, CNG- fueled vehicles at the 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 an additional not -to- exceed amount of $1,300,000, for an aggregate of $1,895,000, 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 service delivery U to five (5) times per week of compressed natural gas (CNG) into the City of Denton, CNG fueled 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 Second 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 Second Amendment shall be, and will remain in full force and effect. 1 DocuSign Envelope ID: 2A11 FB06- 9CC0 -41 F3- BBFD- EF564FC5EEA4 IN WITNESS WHEREOF, the City of Denton, ULTIMATE CNG, LLC, have each executed this Second Amendment electronically, by and through their respective duly authorized representatives and officers on this date: November 17, 2015 "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation Docu5igned by: By 4884E925F0E6480 George Campbell, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY DocuSigned by: �t411- 4 k w . B•7 �/ C1RFAFC187994Rn APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY L-02 DocuSigned by: �o(A,In �n o 821996 CC2A2B439... "ULTIMATE CNG" ULTIMATE CNG, LLC, A limited liability company Docu5igned by: B•7 ORf]FF854C70D447 Dennis Pick Chief Executive Officer 2 Certificate Of Completion Envelope Id: 2A11FB069CCO41F3BBFDEF564FC5EEA4 Subject: Please DocuSign: 5464 Second Contract Amendment #2 Documents Source Envelope: Document Pages: 3 Signatures: 4 Certificate Pages: 6 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC- 08:00) Pacific Time (US & Canada) Record Tracking Status: Original 10/28/2015 2:06:15 PM Signer Events Rebecca Hunter rebecca.hunter @cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Dennis Pick dpick @ultimatecng.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 11/2/2015 9:07:14 AM ID: 58f8853f -f 1 b5- 4ca2- 9e44- Oca5fa0fe3b4 John Knight john.knight @cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Julia Klinck julia.klinck@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Holder: Rebecca Hunter rebecca.hunter @cityofdenton.com Signature Completed Using IP Address: 129.120.6.150 Ell—Signed by: OBDFF854C7OD442. Using IP Address: 184.178.49.141 Ell—Signed by: C821996C2A2B439... Using IP Address: 129.120.6.150 Completed Using IP Address: 129.120.6.150 Status: Completed Envelope Originator: Rebecca Hunter rebecca.hunter @cityofdenton.com I P Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 11/2/2015 8:52:29 AM Viewed: 11/2/2015 8:52:39 AM Signed: 11/2/2015 8:53:03 AM Sent: 11/2/2015 8:53:04 AM Viewed: 11/2/2015 9:07:14 AM Signed: 11/2/2015 9:07:28 AM Sent: 11/2/2015 9:07:31 AM Viewed: 11/3/2015 10:24:20 AM Signed: 11/3/2015 10:24:31 AM Sent: 11/3/2015 10:24:33 AM Viewed: 11/3/2015 10:48:47 AM Signed: 11/18/2015 2:50:13 PM S t C U ft t Signer Events Signature Timestamp George C Campbell by: Sent: 11/18/2015 2:50:17 PM george.campbell@cityofdenton.com El"l—Signed �� (X^P" Resent: 11/23/2015 2:44:42 PM City Manager 4884E925FOE6480 _ Viewed: 11/24/2015 6:45:58 AM City of Denton Using IP Address: 129.120.6.150 Signed: 11/24/2015 6:46:13 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Jennifer K Walters DocuSigned by: Sent: 11/24/2015 6:46:15 AM jennifer .walters @cityofdenton.com "'�"� "` K Wd "`� EjC5BFAFC1821946D Viewed: 11/30/2015 10:28:13 AM City Secretary Signed: 11/30/2015 10:28:30 AM City of Denton Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (Optional) Electronic Record and Signature Disclosure: Not Offered ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Charleta Gilbreath Sent: 11/2/2015 9:07:30 AM charleta .gilbreath @cityofdenton.com Viewed: 11/2/2015 9:24:53 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Julia Klinck� Sent: 11/2/2015 9:07:30 AM julia.klinck @cityofdenton.com Viewed: 11/2/2015 10:12:04 AM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Robin Fox Sent: 11/18/2015 2:50:15 PM Robin.fox @cityofdenton.com Viewed: 11/24/2015 7:15:31 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 10/9/2015 11:39:51 AM ID: 04463961- 03db -4c4d- 9228- d660d6146ed6 Jennifer Bridges Sent: 11/30/2015 10:28:32 AM jennifer .bridges @cityofdenton.com Viewed: 12/9/2015 12:16:51 PM Security Level: Email, Account Authentication (Optional) Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered ID: Scott Lebsack� Sent: 11/30/2015 10:28:34 AM scott.lebsack @cityofdenton.com Viewed: 11/30/2015 10:53:17 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Jane Richardson Sent: 11/30/2015 10:28:36 AM jane .richardson @cityofdenton.com Viewed: 1/8/2016 8:26:35 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Nick Vincent Sent: 11/30/2015 10:28:39 AM nicolas.vncent @cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed /Encrypted 11/30/2015 10:28:39 AM Certified Delivered Security Checked 11/30/2015 10:28:39 AM Signing Complete Security Checked 11/30/2015 10:28:39 AM Completed Security Checked 11/30/2015 10:28:39 AM Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 4/20/2015 2:25:38 PM Parties agreed to: Dennis Pick, Robin Fox ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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