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23-945 - 7804-009 - Ordinance ExecutedORDINANCE NO. 23-945 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC.,TO PROVIDE OWNER ENGINEER SERVICES ON SEVERAL ONGOING INITIATIVES FOR THE DENTON MUNICIPAL ELECTRIC DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ7804-009 – PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICESAWARDED TO BURNS & MCDONNELL ENGINEERING COMPANY, INC., IN THE NOT- TO-EXCEED AMOUNT OF $763,64 1.00). WHEREAS, on December 14, 2021, the City Council approved a pre-qualified professional services list of professional engineering services for Denton Municipal Electric (Ordinance 21- 2687), and the professional services provider (the “Provider”) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations 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 City Manager, or their designee, is hereby authorized to enter into an agreement with Burns & McDonnell Engineering Company, Inc., to provide professional engineering services for the City of Denton, a copy of which is attached hereto and incorporated byreference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein byreference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to a nHl fhi:o; Eysecondedby Ge,',the following vote n - U : Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck, District 2 :Paul Meltzer. District 3 : Joe Holland. District 4: \/I,/ \/-£Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED thi, th, i 6+" d,y ,f Fl AY _, 2023. ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY A\\\\\\!11111 APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY Digitally signed by Marcella DN: cn=Marcella Lunn. o, A enton.com, c=US DW :Hr:srJrunXn@dtyofd Date: 2023.05.10 lo:49:04 -05'OO' BY, \IF'Uf dUI\