Loading...
22-61522-615ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A CONTRACT BETWEEN THE CITY OF DENTON AND GRAY EVENT MANAGEMENT, LLC DBA BAD DAWG TENNIS, AMENDING THE CONTRACT APPROVED BY CITY COUNCILON MAY 2, 2017, IN THE NOT-TO-EXCEED AMOUNT OF $750,000.00; AMENDED BYAMENDMENT 1 APPROVED BY PURCHASING; SAID SECOND AMENDMENT TO CONTINUE TO PROVIDE TENNIS INSTRUCTION, LESSONS, AND TOURNAMENTS FORTHE PARKS AND RECREATION DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 6343 – PROVIDING FORAN ADDITIONAL SECOND AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $80,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $879,500.00). WHEREAS, on May 2, 2017, by Ordinance No. 2017-134, the City awarded a contract to Gray Event Management, LLC dba Bad Dawg Tennis, in the amount of $750,000.00, for tennis instructor services for the Parks and Recreation Department; and WHEREAS, on November 2, 2021, Procurement awarded a First Amendment to Gray Event Management, LLC dba Bad Dawg Tennis, in the amount of $49,500.00, for additional tennis instruction, lessons, and tournaments for the Parks and Recreation Department; and WHEREAS, the additional fees under the proposed Second Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Second Amendment, increasing the amount of the contract between the City and Gray Event Management, LLC dba Bad Dawg Tennis, which is on file in the office of the Purchasing Agent, in the amount of Eighty Thousand ($80,000.00) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment whichshall be attached hereto. The total contract amount increases to $879,500.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Ifesse hui S and seconded by Alison t/\ou Di re . This ordinance was passed and approved by thefollowing vote LZ -U : Ba \ +I' I. p . i ' bI- I ;[J.'., J'\!II I I n : 1 +j : : \ Aye V/ZJrP 1//’ Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2:Jesse Davis. District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED thi, th, 5+h d,y ,f Apci I , 2022 nRiimMmrMTtax ATTEST: ROSA RIOS, CITY SECRETARY L\\\\tIll III ,_ .ra APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY UPi:':’~’"“~"“"DN: cn=Marcella Lunn, o 8 16:05:39 -05'OO' a 3 I I i +1 i : ' r :-We I OJ \qb + 'nt: <IP <a;\\\IfIlIItS DocuSign Envelope ID: 430E5973-C8544BC9-9635-AB75FOEC2E8D DENTON Docusign City Council Transmittal Coversheet FILE 1 6343 File Name Tennls Instructor ExtensIon Purchasing Contact Erlca Garcia City Council Target Date APRIL 5 ’ 2022 Piggy Back Option Contract Expiration Ordinance Not App11cab1 e MAY 2 , 2022 22-615 DocuSign Envelope ID: 430E5973-C8544BC9-9635-AB75FOEC2E8D SECOND AMENDMENT TO CONTRACTBY AND BETWEEN THE CITY OF DENTON, TEXAS AND GRAY EVENT MANAGEMENT, LLC dba BAD DAWG TENNIS (6343) THE STATE OF TEXAS § § §COUNTY OF DENTON THIS SECOND AMENDMENT TO CONTRACT 6343 (this “Amendment”) by and between the City of Denton, Texas (“City”) and Gray Event Management, LLC dba Bad Dawg Tennis (“Contractor”) to that certain contract executed on May 2, 2017, in theoriginal not-to-exceed amount of $750,000 (the “Original Agreement”); amended onNovember 2, 2021 in the additional amount of $49,500 aggregating a not-to-exceed amount of $799,500 (the “First Amendment”); (collectively, the Original Agreement, and the First Amendment are the “Agreement”) for services related to Tennis Instructor. WHEREAS, the City deems it necessary to further expand the services provided by Contractor to the City pursuant to the terms of the Agreement, and to provide an additionalnot-to-exceed amount $80,000 with this Amendment for an aggregate not-to-exceed amount of 8879,500; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Consultant to the City; WHEREAS, the original not-to-exceed amount may not be increased by more than 25.0% as provided in Texas Local Government Code Sec. 252.048; and NOW THEREFORE, the City and Contractor (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 Amendment, whichamends the following terms and conditions of the said Agreement, to wit: 1. This Amendment modifies the Agreement amount to provide an additional $80,000 for additional services and materials to be provided in accordance with the terms of the Agreement with a revised aggregate not-to-exceed total of $879,500. The termof the Agreement is extended until October 2, 2022. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Contractor, have each executed this AmeTdment,oyy©/1 ; &Lough their respective duly authorized representatives and officerson this date 1 DocuSign Envelope ID: 430E5973-C8544BC9-9635-AB75FOEC2E8D “CONTRACTOR” NAGEMENT, LLC dba BAD DAWG TENNIS AUTHORIZED SIGNATURE, TITLE “CITY”CITY OF DENTON, TEXAS A Texas Municipal Corporation DocuSigned by: SMA HeaLy SARA HENSLEY DocuSigned by: By: CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY R&nRL%By: APPROVED AS TO LEGAL FORM:MACK RENWAND, CITY ATTORNEY By: THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Gary Packan SIGNATURE PRn{TED NAME Director of Parks and Recreation TITLE Parks and Recreation DEPARTMENT 2 [kx:uSign Certificate Of Completion Envelope Id: 430E5973C8M4BC99635AB75FOEC2E8D Subject: Please DocuSign: City Council Contract 6343 Status: Completed Source Envelope: Document Pages: 3 Certificate Pages: 6 Signatures: 5 Envelope Originator: Erica Garcia 901B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.10 AutoNav: Enabled Envelopeld Stamping: Enabled Initials: 1 Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original3/1 1/2022 10:09:40 AM Holder: Erica Garcia erica .garcia@cityofdenton.com Location: DocuSign Signer Events Erica Garcia erica.garcia@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Timestamp Sent: 3/1 1/2022 10:17:30 AM Viewed: 3/11/2022 10:17:37 AM Signed: 3/1 1/2022 10:17:57 AM Completed Signed by link sent to erica.garcia@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email. Account Authentication (None) Sent: 3/1 1/2022 10:17:59 AM Viewed: 3/1 1/2022 10:24:16 AM Signed: 3/1 1/2022 10:24:40 AM Signature Adoption: Pre-selected Style Signed by link sent to lori.hewell@cityofdenton.com Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure:Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication(None) Sent: 3/1 1/2022 10:24:42 AM Viewed: 3/1 1/2022 4:27:37 PM Signed: 3/1 1/2022 4:29:50 PM Signature Adoption: Pre-selected Style Signed by link sent to marcella.lunn@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign David Gray grayeventmanagement@yahoo.com Owner Gray Event Management Security Level: Email, Account Authentication(None) 'DocuSlgn•d by: 1 DAI 6'„I Sent: 3/1 1/2022 4:29:53 PM Viewed: 3/1 1/2022 5:13:57 PM Signed: 3/1 1/2022 5:14:29 PM Signature Adoption: Pre-selected Style Signed by link sent to grayeventmanagement@yahoo.com Using IP Address: 108.81.195.218 Electronic Record and Signature Disclosure: Signer Events Accepted: 3/1 1/2022 5:13:57 PMID: b486304b-73e74d7f-8fed-f8e7ecd59f79 Signature Timestamp Gary Packan Gary.Packan@cityofdenton.com Director of Parks and Recreation Parks and Recreation Security Level: Email. Account Authentication(None) Sent: 3/1 1/2022 5:14:31 PM Viewed: 3/12/2022 1:15:56 PM Signed: 3/12/2022 1:16:40 PM Signature Adoption: Drawn on Device Signed by link sent to Gary.Packan@cityofdenton.com Using IP Address: 166.205.97.1 Signed using mobile Electronic Record and Signature Disclosure:Accepted: 3/1 2/2022 1:15:56 PMID: df1 a5fed-b7a14f91 -91fe-ab5a57e24c7d Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Completed Sent: 3/12/2022 1:16:42 PM Viewed: 4/6/2022 8:24:58 AM Signed: 4/6/2022 8:25:39 AMSigned by link sent to cheyenne.defee@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara .hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) •DocuSign•d by I h Hoqq .5236DB29627a423 Sent: 4/6/2022 8:25:41 AM Viewed: 4/6/2022 8:27:28 AM Signed: 4/6/2022 8:27:34 AM Signature Adoption: Pre-selected Style Signed by link sent to sara.hensley@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) 'DocuSlgn•d by:I R+4RiBI IC5CA8C5E 175493 Sent: 4/6/2022 8:27:37 AM Viewed: 4/6/2022 10:43:52 AM Signed: 4/6/2022 10:44:20 AM Signature Adoption: Pre-selected Style Signed by link sent to rosa.rios@cityofdenton.com Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 4/6/2022 10:43:52 AMID: 13222aae-a3aa2189e-a7b9-ab7f4cOc634d In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Status Timestamp Certified Delivery Events Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 3/1 1/2022 10:17:59 AM Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 3/12/2022 1:16:42 PM Viewed: 3/14/2022 4:13:45 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 4/6/2022 10:44:23 AM Viewed: 4/6/2022 11 :52:30 AM Jason Borrow jason.borrow@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 4/6/2022 10:44:24 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 3/1 1/2022 10:17:30 AM 4/6/2022 10:43:52 AM 4/6/2022 10:44:20 AM 4/6/2022 10:44:24 AM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: David Gray, Gary Packan, Rosa Rios 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.. Rl luired hardware and software 0.Systems Browsers (for SENDERS) Browsers (for SIGNERS) r I mlet Explorer 6.0?, Mozilla FireFox 1.0 NetScape 7.2 (or above) c x Email Screen Resolution Enabled Security Settings • Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via roxy 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. qq = P ; I F e I • q • n \