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2018-002ORDINANCE NO, 2018-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING INADVERTENT MISTAKES IN EXHIBIT "A" OF ORDINANCE NO. 2015-116 RELATING TO THE DOLLAR AMOUNTS REFLECTED IN THE BACK UP PROVIDED FOR RFP 5725 AND AWARDED TO POLYDYNE, INC., TDC, LLC, AND PVS TECHNOLOGIES, INC., AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 21, 2015, the City Council awarded Request for Proposals (RFP) No. 5725, to ten firms including Polydyne, Inc., TDC, LLC, and PVS Technologies, Inc., in the amount of $4,200,000 for the supply of water treatment chemicals under Ordinance 2015-116 (the "Ordinance"); and WHEREAS, City staff discovered that the Agenda and Information Sheet and total dollar amount for the items awarded were correct at the time of approval of the Ordinance; however, clerical errors were made in the dollar amounts of the individual contracts; and WHEREAS, the Denton City Council finds that Exhibit A of the Ordinance contains erroneous dollar amounts in three of the contracts which should be corrected as stated herein and deems it to be in the best interest of the citizens of the City of Denton to correct the inadvertent mistakes by an amendment nunc pro tunc of the Ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby amends Ordinance No. 2015-116 nunc pro tunc, so that the following contract amounts are amended in Exhibit A to the Ordinance: RFP ITEM 2015-116 CORRECTED NO. NO. VENDOR AMOUNT AMOUNT 5725 9 Polydyne, Inc. $291,150 $467,000 5725 5 TDC, LLC $1,100,000 $375,000 5725 12 PVS Technologies, Inc. $78,000 $560,000 The corrected contracts for these dollar amounts are attached hereto and replace the contracts with the same vendors in the Ordinance to reflect these new dollar amounts. All contracts contained in. Exhibit A to Ordinance No. 2015-116 shall remain in full force and effect to the extent they do not conflict with the terms of this amendment nunc pro tunc; and, in case of such conflict, this amendment controls. The attached contracts are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and other evaluation factors included in the RFP. SECTION 3. The City Manager, or his designee, is hereby authorized to execute the written contracts attached hereto in order to correct the dollar amounts stated herein and the City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions Page I of 2 that may be required or permitted to be performed by the City of Denton under these contracts and RFP 5725 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this theday of rj 1prj , 2018. _I ..................w...... ......_ ,. III S WWATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Al"P VI sD TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY:,,, Page 2 of 2 DocuSign Envelope ID: 3B3026B5-F98F-46AB-8B70-50EA2E760611 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 3B3026B5-F98F-46AB-8B70-50EA2E760611 Exhibit House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1. with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 3B3026B5-F98F-46AB-8B70-50EA2E760611 Exhibit Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 3B3026B5-F98F-46AB-8B70-50EA2E760611 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND POLYDYNE INC. \[FILE NO. 5725\] THIS FIRST AMENDMENT TO CONTRACT 5725 Polydyne, Inc. The original Agreement provided for Polydyne Inc. related to supplier of Water Treatment Chemicals for the City of Denton, as is contained in Contract #5725 (on file in the Purchasing Office). The initial agreement was approved on April 21, 2015, in the not-to- exceed amount of $291,150. The CITY deems it necessary to further extend the goods/services provided by CONTRACTOR to the CITY; NOW THEREFORE, Contract #5725, Exhibit A Total Contract Amount shall be amended as shown: The contract for services shall not exceed $467,000 over the contract term. Pricing shall be per Exhibit E of the original contract. All other provisions of the contract 5725 as heretofore amended, remain in full force and effect. IN WITNESS WHEREOF, the CITY and the CONTRACTOR, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date ________________________________. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: __________________________________ TODD HILEMAN CITY MANAGER File# 5725 Amendment #1 Polydyne Inc Page 1 of 2 DocuSign Envelope ID: 3B3026B5-F98F-46AB-8B70-50EA2E760611 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: ___________________________________ CONTRACTOR Polydyne, Inc. A Corporation By: _________________________________ AUTHORIZED SIGNATURE, TITLE File# 5725 Amendment #1 Polydyne Inc Page 2 of 2 Certificate Of Completion Envelope Id: 3B3026B5F98F46AB8B7050EA2E760611Status: Completed Subject: Please DocuSign: City Council Contract Amendment 5725 Polydyne Source Envelope: Document Pages: 5Signatures: 6Envelope Originator: Certificate Pages: 6Initials: 0Robyn Forsyth AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-08:00) Pacific Time (US & Canada)robyn.forsyth@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Robyn ForsythLocation: DocuSign 12/12/2017 10:39:59 AM robyn.forsyth@cityofdenton.com Signer EventsSignatureTimestamp Robyn ForsythSent: 12/12/2017 10:44:38 AM Completed robyn.forsyth@cityofdenton.comViewed: 12/12/2017 10:44:45 AM BuyerSigned: 12/12/2017 10:46:36 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Boyd StanleySent: 12/12/2017 10:46:37 AM PolyBidDpt@snfhc.comViewed: 12/15/2017 12:00:39 PM Vice PresidentSigned: 12/15/2017 12:01:07 PM Polydyne Inc. Using IP Address: 63.128.95.125 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/15/2017 12:00:39 PM ID: 95b5eb66-0a90-48f6-b135-12e225db05e9 Jennifer DeCurtisSent: 12/15/2017 12:01:11 PM jennifer.decurtis@cityofdenton.comViewed: 12/15/2017 12:18:34 PM Deputy City AttorneySigned: 12/15/2017 12:19:04 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia WinkleySent: 12/15/2017 12:19:06 PM Completed julia.winkley@cityofdenton.comViewed: 1/9/2018 1:33:03 PM Contracts Administration SupervisorSigned: 1/9/2018 1:33:26 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer EventsSignatureTimestamp Todd HilemanSent: 1/9/2018 1:33:30 PM Todd.Hileman@cityofdenton.comViewed: 1/9/2018 1:34:34 PM City ManagerSigned: 1/9/2018 1:34:40 PM City of Denton Using IP Address: 47.190.47.120 Security Level: Email, Account Authentication Signed using mobile (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 9:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer WaltersSent: 1/9/2018 1:34:42 PM jennifer.walters@cityofdenton.comViewed: 1/10/2018 9:31:48 AM City SecretarySigned: 1/10/2018 9:32:44 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Sherri ThurmanSent: 12/15/2017 12:01:09 PM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia WinkleySent: 12/15/2017 12:01:10 PM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 1/9/2018 1:33:28 PM jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin FoxSent: 1/9/2018 1:33:29 PM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy EventsStatusTimestamp Not Offered via DocuSign Jennifer BridgesSent: 1/10/2018 9:32:46 AM jennifer.bridges@cityofdenton.comViewed: 1/11/2018 9:33:09 AM Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 1/10/2018 9:32:47 AM jane.richardson@cityofdenton.comViewed: 1/22/2018 11:23:18 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Randy MarkumSent: 1/10/2018 9:32:48 AM randy.markum@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sandy WellsSent: 1/10/2018 9:32:49 AM swells@snfhc.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted1/10/2018 9:32:49 AM Certified DeliveredSecurity Checked1/10/2018 9:32:49 AM Signing CompleteSecurity Checked1/10/2018 9:32:49 AM CompletedSecurity Checked1/10/2018 9:32:49 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure 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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DocuSign Envelope ID: 79B8BA13-B9D5-46D0-A3D4-78F5FE787094 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 79B8BA13-B9D5-46D0-A3D4-78F5FE787094 Exhibit House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1. with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 79B8BA13-B9D5-46D0-A3D4-78F5FE787094 Exhibit Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 79B8BA13-B9D5-46D0-A3D4-78F5FE787094 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND TDC L.L.C. \[FILE NO. 5725\] THIS FIRST AMENDMENT TO CONTRACT 5725 TDC L.L.C. The original Agreement provided for TDC L.L.C. related to supplier of Water Treatment Chemicals for the City of Denton, as is contained in Contract #5725 (on file in the Purchasing Office). The initial agreement was approved on April 21, 2015, in the not-to- exceed amount of $1,100,000. NOW THEREFORE, Contract #5725, Exhibit A Total Contract Amount shall be amended as shown: The contract for services shall not exceed $375,000 over the contract term. Pricing shall be per Exhibit E of the original contract. All other provisions of the contract 5725 as heretofore amended, remain in full force and effect. IN WITNESS WHEREOF, the CITY and the CONTRACTOR, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date ________________________________. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: __________________________________ TODD HILEMAN CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ File# 5725 Amendment #1 TDC L.L.C. Page 1 of 2 DocuSign Envelope ID: 79B8BA13-B9D5-46D0-A3D4-78F5FE787094 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: ___________________________________ CONTRACTOR TDC L.L.C. A Corporation By: _________________________________ AUTHORIZED SIGNATURE, TITLE File# 5725 Amendment #1 TDC L.L.C. Page 2 of 2 Certificate Of Completion Envelope Id: 79B8BA13B9D546D0A3D478F5FE787094Status: Completed Subject: Please DocuSign: City Council Contract Amendment 5725 TDC Source Envelope: Document Pages: 5Signatures: 6Envelope Originator: Certificate Pages: 6Initials: 0Robyn Forsyth AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-08:00) Pacific Time (US & Canada)robyn.forsyth@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Robyn ForsythLocation: DocuSign 12/12/2017 10:47:18 AM robyn.forsyth@cityofdenton.com Signer EventsSignatureTimestamp Robyn ForsythSent: 12/12/2017 10:51:32 AM Completed robyn.forsyth@cityofdenton.comViewed: 12/12/2017 10:51:39 AM BuyerSigned: 12/12/2017 10:52:32 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jon KirklandSent: 12/12/2017 10:52:34 AM Jon.Kirkland@genlp.comViewed: 12/12/2017 2:28:55 PM Business ManagerSigned: 12/12/2017 2:30:58 PM TDC, L.L.C. Using IP Address: 209.163.240.162 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer DeCurtisSent: 12/12/2017 2:31:01 PM jennifer.decurtis@cityofdenton.comViewed: 12/12/2017 3:16:13 PM Deputy City AttorneySigned: 12/12/2017 3:16:18 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia WinkleySent: 12/12/2017 3:16:19 PM Completed julia.winkley@cityofdenton.comViewed: 1/9/2018 1:34:09 PM Contracts Administration SupervisorSigned: 1/9/2018 1:34:32 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd HilemanSent: 1/9/2018 1:34:37 PM Todd.Hileman@cityofdenton.comViewed: 1/9/2018 1:36:01 PM City ManagerSigned: 1/9/2018 1:36:07 PM City of Denton Using IP Address: 47.190.47.120 Security Level: Email, Account Authentication Signed using mobile (None) Signer EventsSignatureTimestamp Electronic Record and Signature Disclosure: Accepted: 7/25/2017 9:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer WaltersSent: 1/9/2018 1:36:09 PM jennifer.walters@cityofdenton.comViewed: 1/10/2018 9:40:18 AM City SecretarySigned: 1/10/2018 9:41:03 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Sherri ThurmanSent: 12/12/2017 2:30:59 PM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia WinkleySent: 12/12/2017 2:31:01 PM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 1/9/2018 1:34:35 PM jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin FoxSent: 1/9/2018 1:34:36 PM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Jennifer BridgesSent: 1/10/2018 9:41:05 AM jennifer.bridges@cityofdenton.comViewed: 1/11/2018 12:31:28 PM Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 1/10/2018 9:41:06 AM jane.richardson@cityofdenton.comViewed: 1/22/2018 11:12:21 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Randy MarkumSent: 1/10/2018 9:41:07 AM randy.markum@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign James GlattlySent: 1/10/2018 9:41:08 AM James.Glattly@genlp.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted1/10/2018 9:41:08 AM Certified DeliveredSecurity Checked1/10/2018 9:41:08 AM Signing CompleteSecurity Checked1/10/2018 9:41:08 AM CompletedSecurity Checked1/10/2018 9:41:08 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure 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. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: •I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and •I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and •Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. DocuSign Envelope ID: 6F11678C-169A-4C15-952F-FDD66AB2DF25 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 6F11678C-169A-4C15-952F-FDD66AB2DF25 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND PVS TECHNOLOGIES INC. \[FILE NO. 5725\] THIS FIRST AMENDMENT TO CONTRACT 5725 PVS Technologies Inc. The original Agreement provided for PVS Technologies Inc. related to supplier of Water Treatment Chemicals for the City of Denton, as is contained in Contract #5725 (on file in the Purchasing Office). The initial agreement was approved on April 21, 2015, in the not- to-exceed amount of $78,000. The CITY deems it necessary to further extend the goods/services provided by CONTRACTOR to the CITY; NOW THEREFORE, Contract #5725, Exhibit A Total Contract Amount shall be amended as shown: The contract for services shall not exceed $560,000 over the contract term. Pricing shall be per Exhibit E of the original contract. All other provisions of the contract 5725 as heretofore amended, remain in full force and effect. IN WITNESS WHEREOF, the CITY and the CONTRACTOR, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date ________________________________. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: __________________________________ TODD HILEMAN CITY MANAGER File# 5725 Amendment #1 PVS Technologies Inc Page 1 of 2 DocuSign Envelope ID: 6F11678C-169A-4C15-952F-FDD66AB2DF25 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: ___________________________________ CONTRACTOR PVS Technologies, Inc. A Corporation By: _________________________________ AUTHORIZED SIGNATURE, TITLE File# 5725 Amendment #1 PVS Technologies Inc Page 2 of 2 Certificate Of Completion Envelope Id: 6F11678C169A4C15952FFDD66AB2DF25Status: Completed Subject: City Council Docusign Item - 5725 PVS Contract Amendment Source Envelope: Document Pages: 3Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 0Robyn Forsyth AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-08:00) Pacific Time (US & Canada)robyn.forsyth@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Robyn ForsythLocation: DocuSign 12/5/2017 2:57:49 PM robyn.forsyth@cityofdenton.com Signer EventsSignatureTimestamp Robyn ForsythSent: 12/5/2017 3:01:49 PM Completed robyn.forsyth@cityofdenton.comViewed: 12/5/2017 3:01:57 PM BuyerSigned: 12/5/2017 3:02:52 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Craig MikkelsonSent: 12/5/2017 3:02:53 PM CMikkelson@PVSChemicals.comViewed: 12/6/2017 8:29:23 AM VIce President of Sales and MarketingSigned: 12/6/2017 8:29:39 AM Security Level: Email, Account Authentication Using IP Address: 74.126.4.10 (None) Electronic Record and Signature Disclosure: Accepted: 12/6/2017 8:29:23 AM ID: ad4fa70b-d88b-42f0-a6bb-713f5848ce6d Jennifer DeCurtisSent: 12/6/2017 8:29:41 AM jennifer.decurtis@cityofdenton.comViewed: 12/6/2017 12:45:11 PM Deputy City AttorneySigned: 12/6/2017 12:45:39 PM City of Denton Using IP Address: 71.91.169.103 Security Level: Email, Account Authentication Signed using mobile (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia WinkleySent: 12/6/2017 12:45:40 PM Completed julia.winkley@cityofdenton.comViewed: 1/9/2018 1:34:51 PM Contracts Administration SupervisorSigned: 1/9/2018 1:35:36 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer EventsSignatureTimestamp Todd HilemanSent: 1/9/2018 1:35:39 PM todd.hileman@cityofdenton.comViewed: 1/9/2018 1:36:20 PM City ManagerSigned: 1/9/2018 1:36:26 PM City of Denton Using IP Address: 47.190.47.120 Security Level: Email, Account Authentication Signed using mobile (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 9:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer WaltersSent: 1/9/2018 1:36:27 PM jennifer.walters@cityofdenton.comViewed: 1/10/2018 9:39:31 AM City SecretarySigned: 1/10/2018 9:40:11 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Julia WinkleySent: 12/6/2017 8:29:40 AM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 12/6/2017 8:29:40 AM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 1/9/2018 1:35:38 PM jane.richardson@cityofdenton.comViewed: 1/10/2018 9:59:17 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin FoxSent: 1/9/2018 1:35:38 PM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy EventsStatusTimestamp Not Offered via DocuSign Jennifer BridgesSent: 1/10/2018 9:40:12 AM jennifer.bridges@cityofdenton.comViewed: 1/11/2018 12:21:47 PM Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 1/10/2018 9:40:13 AM jane.richardson@cityofdenton.comViewed: 1/22/2018 11:21:54 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Eileen McDonnellSent: 1/10/2018 9:40:14 AM EMCDONNE@PVSChemicals.comViewed: 1/10/2018 10:03:17 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted1/10/2018 9:40:15 AM Certified DeliveredSecurity Checked1/10/2018 9:40:15 AM Signing CompleteSecurity Checked1/10/2018 9:40:15 AM CompletedSecurity Checked1/10/2018 9:40:15 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure 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. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: •I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and •I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and •Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you.