24-282ORDINANCE NO. 24-282
AN ORD[NANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION. AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO ACONTRACT BETWEEN THE CITY OF DENTON AND ARTISTIC PAINTING COMPANY,INC.. AMENDING THE CONTRACT APPROVED BY THE CITY COUNCIL ON JUNE 7, 2022,IN THE NOT-TO-EXCEED AMOUNT OF $600,000.00; SAID FIRST AMENDMENT TOCONTINUE TO PROVIDE INTERIOR AND EXTERIOR PAINTING SERVICES FOR THEFACILITIES MANAGEMENT DEPARTMENT; PROVIDING FOR THE EXPENDITURE OFFUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7952 – PROVIDINGFOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$ 150,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $750,000.00).
WHEREAS, on June 7, 2022, City Council awarded a contract to Artistic Painting Company,
Inc. in the amount of $600,000.00, for interior and exterior painting services for the Facilities
Management Department; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable
and are consistent with, and not higher than, the recommended practices and fees applicable to the
Provider’s profession, and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. The First Amendment, increasing the amount of the contract between the City
and to Artistic Painting Company, Inc., which is on file in the office of the Purchasing Agent, in the
amount of One Hundred Fifty Thousand and 0/ 100 ($ 150,000.00) 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 $750,000.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to aoorove this
seconded by pbx } FAc 1 Itc I
following vote LI - b] :
ordinance was made by it,\de_ (3\A,1c nr he and
' This ordinance was passed and approved by the
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:
J
JJJJ
JJ
PASSED AND APPROVED this the IOt- d,y ,f ftbfu4.fy 2024
/- #//GERARD HUDSPETH, MAYOR
\\\1111111/ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by MaKella Lunn
DN: dc=com, dc=cityofdenton,dc=codad, ou=Department Users
BY:–Xhn\\h\\\Lhb 'ilili!: F:iii";IF‘
email=Marcella.Lunn@cityofdenton.cornDate: 2024.02.02 10:05:45 -06'00'
DocuSign Envelope ID: A729739F-D829J&941-B721-28421C6CDF8A
DENTON
Docusign City Council Transmittal Coversheet
7952
File Name PAINTING OF c IW BUILDINGS-AMENDMENT 1
Pu„hasi„gC,ntact c'Y;t'1 w';tb'"k
City Council Target Date FEBRUARY 20’ 2024
Piggy Back Option Yes
Contract Expiration
24Ordinance 282
3UNE 7, 2027
DocuSign Envelope ID: A729739F-D8294941-B721 -2&+21C6CDF8A
THE STATE OF TEXAS §
§
§COUNTY OF DENTON
FIRST AMENDMENT TO CONTRACTBY AND BETWEEN THE CITY OF DENTON, TEXASAND ARTISTIC PAINTING COMPANY, INC.
THIS FIRST AMENDMENT TO CONTRACT 7952 (this “Amendment”) by andbetween the City of Denton, Texas (“City”) and ARTISTIC PAINTING COMPANY, INC.(“Contractor”) to that certain contract executed on June, 7, 2022, in the original not-to-
exceed amount of $600,000 (the “Agreement”); for services related to the Painting of
City Buildings.
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 $150,000 with this First Amendment for an aggregate not-to-exceed
amount of $750,000; 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
$150,000 for additional services and materials to be provided in accordance withthe terms of the Agreement with a revised aggregate not-to-exceed total of
§750,000.
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 fall 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 officerson this date 2/21/2024
1
DocuSign Envelope ID: A729739F-D829J1941-B721-28421C6CDF8A
ARTJSIK.rG COMPANY, INC.W
& Af faMe PresidentBy:
IED SIGNATURE, TITLEXOTHd
“CONTRACTOR”THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
'DocuSlgned bFI hI Aahtr T,rr, G,,„,,
'7B58DA8FCE5F49C...SIGNATURE PRrNTED NAME“CITY”
CITY OF DENTON, TEXAS
lal CorporationA Tex
SHA HealyBy:
D1 rector
TITLE
Faci 1 1 t1 es
APPROVED AS TO LEGAL FORM:
MACK RENWAND, CITY ATTORNEY
DEPARTMENT
DocuSlgned by:
ALartLLL&tAxa&bBy:
ATTEST:
JESI
By:
1ITY SECRETARY
DocuSign Envelope ID: A729739F-D8294941-B721-28421C6CDF94" ' c IQ FORM
CONFLICT OF INTEREST QUESTIONNAIRE -For vendor or other Person doing business with local governmental enti
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after th.date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is amisdemeanor.a M
ARTISTIC PAINTING COMPANY, INC.
2
[X]
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business dayafter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
d Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1 (1 -a), Local Government CodeAttach additional pages to this Form CIQ as necessary.
A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?a ,“B ,..
B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?a Yes m No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
D Yes A No
D.Describe each employment or business and family relationship with the local government officer named in this section
4
5
Lg I have no Conflict of Interest to disclose.
1/31/2024
Mr with the governmental entity Date
DocuSign Envelope ID: A729739F-D829z1941-B721-2&t21C6CDF8A
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 1 76of the Local Government Code may be found at http://www. statutes.legis.state.tx.us/ Docs/LG/htm/La 176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code $ 176.001{1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is charteredby a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code $ 176.003fa)(2){A) and (B):
(A) Alocal government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) acontract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the valdoc
(B) has given to the local govemmentoBicer ora family member ofthe officer one or more gifts that have an aggregate value ofmon
than $ 100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code $ 176.006{a) and fa-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
ofthe officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local govemmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government omcet
City of Denton Ethics Code Ordinance Number 18-757
Definitions
Relative: a family member related to a City Official within the third 3'd degree of affinity (marriaRe) or consanguinibr (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. Tbis definition
does not include those property owners from whom the City acquires public right4f-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars (850.00) per gift, or multiple gin
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibi liV
if the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
'orm provided by Texas Ethics Commission www. ethics .state . tx . us Revised 11/30/2015
[k)cuSign
Certificate Of Completion
Envelope Id: A729739FD8294941 B7212&121C6CDF8A
Subject: Please DocuSign: City Council Contract 7952 Painting of City Buildings-Amendment 1
Source Envelope:
Status: Completed
Document Pages: 5
Certificate Pages: 6
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC+>6:00) Central Time (US & Canada)
Signatures: 6 Envelope Originator:
Crystal WestbrookInitials: 1
901 B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original1/30/2024 9:43:56 AM
•
Holder Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
ElectronIc Record and SIgnature Disclosure:Not Offered via DocuSign
Signature Timestamp
Completed Sent: 1/30/2024 9:47:38 AM
Viewed: 1/30/2024 9:47:46 AM
Signed: 1/30/2024 9:48:43 AMUsing IP Address: 198.49.140.10
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 1/30/2024 9:48:45 AM
Viewed: 1/30/2024 1 :35:29 PM
Signed: 1/30/2024 1:35:37 PM
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Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deptuy City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
IM4wdtAtBhh.4B070831B4AA438
Sent: 1/30/2024 1 :35:39 PM
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ElectronIc Record and Signature Disclosure:Not Offered via DocuSign
Jody Favia
jody@apcind.com
President
Security Level: Email, Account Authentication(None)
'DocuSbned bFI M, “-‘.227&4ABFBFI04A3
Sent: 1/31/2024 10:36:11 AM
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Signed: 1/31/2024 12:43:55 PM
Signature Adoption: Pre-selected Style
Using IP Address: 172.58.180.125
Signed using mobile
Electronic Record and Signature Disclosure:Accepted: 5/22/2022 1:18:28 PMID: 24031 28f-0c8d41 65-8272-bbbe35eee41 7
Signer Events
Tom Gramer
tom.gramer@cityofdenton,comDirector
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 1/31/2024 12:43:57 PM
Viewed: 1/31/2024 12:44:15 PM
Signed: 1/31/2024 12:44:29 PM
'Doeu81gnBd br
1 bBI 6raNcr
,7858DA8FCE5F49C.
Signature Adoption: Pre-selected Style
Using IP Address: 174.224.19.191
Signed using mobile
Electronic Record and Signature Disclosure:Not Offered via DocuSign
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: 1/31/2024 12:44:31 PM
Viewed: 2/21/2024 8:41 :11 AM
Signed: 2/21/2024 8:41 :20 AMUsing IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
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Sent: 2/21/2024 8:41 :22 AM
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Using IP Address: 47.190.47.120
Signed using mobile
Electronic Record and Signature Disclosure;Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
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Sent: 2/21/2024 9:05:40 AM
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Electronic Record and Signature Disclosure:Accepted: 2/21/2024 10:58:34 AM
ID: Oe858636-dfc321207-9e3a-5deeObe2486d
In Person Signer Events Signature
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Electronic Record and Signature Disclosure:Not Offered via DocuSign
Timestamp
Sent: 1/30/2024 9:48:45 AM
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Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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City Secretary Office
citysecretary@cityofdenton.com
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David Moore
david.moore@cityofdenton.com
Facilities Manager
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+
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Jody Favia, Jesus Salazar
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