23-2000ORDINANCE NO. 23-2000
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND XYLEM WATER SOLUTIONS USA,
INC., AMENDING THE CONTRACT APPROVED BY THE CITY COUNCIL ON FEBRUARY
18, 2020, IN THE NOT-TO-EXCEED AMOUNT OF $1,000,000.00; SAID FIRST AMENDMENT
TO CONTINUE TO PURCHASE FLYGT PUMPS, EQUIPMENT, PARTS, SUPPLIES, AND
SERVICES TO OPERATE AND MAINTAIN THE CITY OF DENTON SEWAGE PUMPING
STATIONS AND TREATMENT PLANTS FOR THE WATER RECLAMATION
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 7172 – PROVIDING FOR AN ADDITIONAL FIRST
AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $250,000.00, WITH THE
TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,250,000.00).
WHEREAS, on February 18, 2020, City Council awarded a contract to Xylem Water
Solutions USA., Inc. in the amount of $1,000,000.00, for the continued purchase of Flygt pumps,
equipment, parts, supplies, and services to operate and maintain the City of Denton sewage pumping
stations and treatment plants for the Water Reclamation Department; and
WHEREAS, this procurement was undertaken as part of the City’s govenrmental
function; and
WHEREAS, the additional fees under the proposed First 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 First Amendment, increasing the amount of the contract between the City
and Xylem Water Solutions USA., Inc., which is on file in the office of the Purchasing Agent, in the
amount of Two Hundred Fifty Thousand and 0/ 100 ($250,000.00) Dollars, is hereby approved, and
the expenditure of funds therefor is hereby authorized in accordance with said amendment which
shall be effective upon the execution of the amendment attached hereto. The total contract amount
increases to $1,250,000.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
second=;y"'2IE ’T=)
following vote [] -m::#1:s : :d X
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee. At Large Place 5 :
Chris Watts, At Large Place 6:
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2023PASSED AND APPROVED this the aye-1 day of Dc IbM/
aa
GERARD HUDSPETH MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY A\\\t IIIIIf
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department Users
By : and Groups, ou=General
XlkM
email=Marcella.Lunn@cityofdent
Date: :023.10.05 lo:52:1 7 -05'oo'
MILL meTalI
DocuSign Envelope ID: 6A351901-910D-49 IA-9564-029AA9849DB4
DENTON
Docusign City Council Transmittal Coversheet
7172
File Name XYLEM Flygt p
P.„h„i.gC,nt,ct G ;bby - ==p“
roducts
City C,,„iI T,rg,t Date o CT0'=- 24’ 2023
Piggy Back Option
Contract Expiration
Ordinance
and Se rv1 ces
FILE
Not Appllcab1 e
FEBRUARY 18, 2025
23-2000
DocuSign Envelope ID: 6A351901-910D'+91 A-9564-029AA9849DB4
THE STATE OF TEXAS §
§
§COUNTY OF DENTON
FRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND XYLEM WATER SOLUTIONS USA, INC.
THIS FIRST AMENDMENT TO CONTRACT 7172 (this “Amendment”) by and
between the City of Denton, Texas (“City”) and XYLEM WATER SOLUTIONS USA,
INC. (“Contractor”) to that certain contract executed on February 18, 2020, in the original
not-to-exceed amount of $1,000,000 (the “Agreement“); for services related to Xylem
Flygt products and services.
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 additional
not-to-exceed amount $250,000 with this First Amendment for an aggregate not-to-exceed
amount of Sl,250,000 and
WHEREAS, this amendment incorporates any previously executed documents
between the parties including but not limited to pricing adjustments.
WHEREAS, the City deems it necessary to further expand the goods/services
provided by Contractor to the City; and
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 First Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. This Amendment modifies the Agreement amount to provide an additional
$250,000 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
$ 1 ,250,000.
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
Amendment, by and through their respective duly authorized representatives and officers
on this date ro/24/2023
1
DocuSign Envelope ID: 6A351901 -910D2191 A-9564-029AA9849DB4
“CONTRACTOR”
XYLEM WATER SOLUTIONS USA, INC
/p-DocuSigned by:
By:1 mah ed%Ban
I-–At#maRlzED SIGNATURE, TITLE
“CITY”
CITY OF DENTON. TEXAS
A Texas Municipal Corporation
B y : bIp= HIIbI=d!III;I:
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
ATTEST:
JESUS SALAZAR, CITY SECRETARY
By:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Stephen Gay
PRINTED NAME
D1 rector
TITLE
Water Uti 11 ties
DEPARTMENT
2
[k>cuSign
Certificate Of Completion
Envelope Id: 6A351901910D491 A9564029AA9849DB4
Subject: Please DocuSign: City Council Contract 7172 Xylem Sumersible Pumps Amendment 1
Source Envelope:
Status: Completed
Document Pages: 3
Certificate Pages: 6
AutoNav: Enabled
Signatures: 5
Initials: 1
Envelope Originator:
Gabby Leeper
901B Texas Street
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Denton, TX 76209
Gabby.Leeper@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
9/14/2023 9:15:11 AM
Holder: Gabby Leeper
Gabby.Leeper@cityofdenton.com
Location: DocuSign
Signer Events
Gabby Leeper
gabby.leeper@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account AuthentIcation
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature Timestamp
Sent: 9/20/2023 1:56:41 PM
Viewed: 9/20/2023 2:03:15 PM
Signed: 9/20/2023 2:06:42 PM
Completed
Using IP Address: 198.49.140.10
Cori Power
Cori.Power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 9/20/2023 2:06:45 PM
Viewed: 9/25/2023 8:56:42 AM
Signed: 9/25/2023 8:58:06 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 9/25/2023 8:58:08 AM
Viewed: 9/25/2023 2:46:36 PM
Signed: 9/25/2023 2:49:22 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Matthew Rottman
matt.rottman@xylem.com
Sales Representative
Security Level: Email, Account Authentication
(None)
Sent: 9/25/2023 2:49:24 PM
Viewed: 9/25/2023 3:34:25 PM
Signed: 10/2/2023 2:27:20 PM
Signature Adoption: Pre-selected Style
Using IP Address: 99.36.3.206
Electronic Record and Signature Disclosure:
Accepted: 9/25/2023 3:34:25 PM
ID: 2e2de758-d93248ad-addc-2fdc2f588e80
Signer Events
Stephen Gay
Stephen.Gay@cityofdenton.com
Director ,
Water Utlilities
Security Level: Email, Account Authentication
(None)
Signature
•DcIcuStgn•d by
I s@(„„ a„igEBFF5658E56492
Timestamp
Sent: 10/2/2023 2:27:21 PM
Viewed: 10/3/2023 3:49:52 AM
Signed: 10/3/2023 3:53:14 AM
Signature Adoption: Pre-selected Style
Using IP Address: 76.25.30.152
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 10/3/2023 3:49:52 AM
ID: 818ba63347094adf-88164a6cf3f9a080
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
Completed Sent: 10/3/2023 3:53:17 AM
Viewed: 10/25/2023 8:22:44 AM
Signed: 10/25/2023 8:22:57 AM
Using IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/25/2023 8:22:59 AM
Viewed: 10/25/2023 8:23:38 AM
Signed: 10/25/2023 8:23:46 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 10/25/2023 8:23:48 AM
Viewed: 10/25/2023 10:53:09 AM
Signed: 10/25/2023 10:53:52 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 10/25/2023 10:53:09 AM
ID: 583790e0-a3054940-8bfc-83b13b26efe4
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status
Status
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
Timestamp
Sent: 9/20/2023 2:06:44 PM
Carbon Copy Events
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
Status Timestamp
Sent: 10/3/2023 3:53:16 AM
Viewed: 10/3/2023 3:33:54 PM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 10/25/2023 10:53:54 AM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
9/20/2023 1:56:41 PM
10/25/2023 10:53:09 AM
10/25/2023 10:53:52 AM
10/25/2023 10:53:54 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: Matthew Rottman, Stephen Gay, Jesus Salazar
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