24-644 - 8476 - Ordinance ExecutedORDINANCE NO. 24-644
AN ORDNANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORiznvG THE CITY MANAGER TO EXECUTE A CONTRACT
WITH XYLEM WATER SOLUTIONS U.S. A., INC., TO PURCHASE FLYGT PUMPS.
EQUIPMENT, PARTS, SUPPLIES, AND SERVICES TO OPERATE AND MARqTAIN THE
CITY OF DENTON SEWAGE PUMPING STATIONS AND TREATMENT PLANTS FOR
THE WATER UTLITIES DEPARTMENT, WHICH IS THE SOLE PROVIDER OF THIS
SERVICE, nJ 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 8476 – AWARDED TO XYLEM WATER SOLUTIONS U.S. A.,
INC., FOR THREE (3) YEARS, WITH THE OPTION FOR TWO (2) ADDITIONAL ONE (1)
YEAR EXTENSIONS, IN THE TOTAL FrvE (5) YEAR NOT-TO-EXCEED AMOUNT OF
$ 1 ,875,000.00).
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 availab]‘
only from the persons holding exclusive distribution rights to the materials; need not
submitted to competitive bids; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function [Water and sewer services]; and
WHEREAS, the City Council wishes to procure one or more of the items mea led in
the above paragraph; NOW, THEREFORE,
THE COUNCEL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplie as seabed
in the “File” listed hereon, and on file in the office of the Purchasing Agent, .d th. 'cense
terms attached are hereby approved:
FEE
NUMBER VENDOR AMOUNT
8476 Xylem Water Solutions U.S. A., Inc.$ 1 ,875,000.00
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 utilit, drchases;
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 approve this ordinance was made by Br i bx. e> aa and
seconded by Or b- Ju: el, k n e G# . The ordinance was passed and approved by
the following vote U - E :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:,/
J/-J-
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V/
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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:
PA„ED AND A..„,„,..„,„. 2" ) „,., Of .~ I , 2024.
ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REn(WAND, CITY ATTORNEY
„. W .,.