24-642 - 8404 - Ordinance ExecutedORDINANCE NO. 24-642
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH POWERWORLD CORPORATION, FOR THE ANNUAL LICENSING,
MAINTENANCE, AND SUPPORT OF POWERWORLD SIMULATOR SOFTWARE,
CURRENTLY USED BY DENTON MUNICnAL ELECTRIC, WHICH IS THE SOLE
PROVIDER OF THIS SOFTWARE, IN ACCORDANCE WITH TEXAS LOCAL
GOVERNMENT CODE 252.022, WHICH PROVIDES THAT PROCUREMENT OF
COMMODITIES AND SERVICES THAT ARE AVAILABLE FROM ONE SOURCE ARE
EXEMPT FROM COMPETITIVE BIDDING, AND IF OVER $50,000, SHALL BE
AWARDED BY THE GOVERNING BODY; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 8404 – AWARDED
TO POWERWORLD CORPORATION, IN THE NOT-TO-EXCEED AMOUNT OF
$63,112.50, WITH A CONTRACT TERM EXPIRING FEBRUARY 21, 2027).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including items that are only available from one
source because of patents, copyrights, secret processes, or natural monopolies; films,
manuscripts, or books; electricity, gas, water, and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are available
only from the persons holding exclusive distribution rights to the materials; need not be
submitted to competitive bids; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function [Engineering functions] ; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as described
in the “File” listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
8404 PowerWorld Corporation $63,112.50
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including items that
are only available from one source because of patents, copyrights, secret processes, or natural
monopolies; films, manuscripts, or books; electricity, gas, water, and other utility purchases;
captive replacement parts or components for equipment; and library materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials;
need not be submitted to competitive bids.
SECTION 3. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 4. The City Manager, or their designee, is hereby authorized to execute the
contract relating to the items specified in Section 1, attached hereto, and the expenditure of funds
pursuant to said contract is hereby authorized.
SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approye this orflinance was made by Br ,bq BeA and
seconded by Br , TJ,~., Ch be H& &u . The oralance was passed and approved bythe following vote LI - a :
Aye
L
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IZ
J-
X
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I
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:
-1 hJ
PASSED AND APPROVED this the Zn day of 2024
ATTEST:
JESUS SALAZAR, CITY SECRETARY
Yesi:u.
B:\ba''
&B
11
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by MaKella
Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department
Users and Groups, ou=General
J;overnment, ou=Leqa I,
cn=Marcella Lunn.
email=Marcel la.Lunn@cityofde
nton.com
Date: 2024.03.1 2 12:26:47
-05'OO'
BY:
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