7520 - Contract Executed
Docusign City Manager Approval Transmittal Coversheet
File Name
Purchasing Contact
Piggy Back Option
Contract Expiration
520
Revised 6/11
Request for City Manager Approval of Purchase
DATE: October 20, 2020
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
SUBJECT (Required)
Approve the expenditure for the emergency purchase of touchless water fountains bottle fillers in
accordance with ordinance 20-1845; providing for the expenditure of funds therefor; and
providing an effective date (File 7520 – awarded to TMS South for a not-to-exceed amount of
$63,200.14).
BID/FILE INFORMATION
The Facilities Management Department is responsible for the modification of City buildings to
protect public health in response to the COVID-19 pandemic. Modifications include replacing
manually operated functions such as doors, faucets, paper towel dispensers, drinking fountains
and bottle fillers with touchless operations at the following locations: City Hall, City Hall East,
Martin Luther King Recreation Center, Service Center, South Branch Library, North Lakes
Recreation Center, North Branch Library, Emily Fowler Library, Denia Recreation Center,
Senior Center, Civic Center, and Natatorium.
Staff contacted several vendors and obtained quotes from Locke Supply Co., Ferguson
Enterprises LLC., and TMS South. TMS South offers the best value for cost, order lead time, and
has been competitively bid under Texas Buy Board Contract 577-18.
Vendor Cost Lead Time Co-Op
Locke Supply Co. $63,155.84 6 Weeks None
TMS South $63,200.14 5 – 7 Weeks BB 577-18
Ferguson Enterprises LLC $64,602.66 5 – 6 Weeks None
PRIOR ACTION
Council Approved Ordinance 20-1845 on September 22, 2020 allowing the City Manager to
Authorize individual purchases up to $500,000 for general expenditures.
RECOMMENDATION
Approval of expenditures for the emergency purchase of touchless water fountains and bottle
fillers to TMS South; in the not-to-exceed amount of $63,200.14.
PRINCIPAL PLACE OF BUSINESS
TMS South
Revised 6/11
Houston, TX
ESTIMATED SCHEDULE OF PROJECT
Components ordered October 2020.
FISCAL INFORMATION
Products will be funded through the Cares Relief Act funds.
Attachments -
Attachment 1: TMS South Quote
Attachment 2: Emergency Ordinance
For information concerning this acquisition, contact: Scott Gray, 940-349-7744
Respectfully submitted:
Purchasing
Expenditure Approved:
__________________________
City Manager or Designate
__________________________
Date
QUOTE
REPRINT
TMS South
PO Box 35377
4155 W Bellfort
Houston, TX 77235-5377Phone: 713-664-3333
Website: www.tmssouth.com
Number
Date
Page
156428
10/13/2020
1
CITY OF DENTON
869 S WOODROW
DENTON, TX 76205
CITY OF DENTON *IC*
869 S WOODROW
DENTON, TX 76205
Item Description
PG8EBSFLTT
PG8EBFT
M8SCEM
PWSMEBF
MW8EBF
PLEASE NOTE: LEAD TIME FROM
FACTORY IS 5 -7 WEEKS. ALL
WILL BE SHIPPED
DIRECTLY FROM THE FACTORY.
ALL PRICING MEETS OR EXCEEDS
TEXAS BUY BOARD CONTRACT
577-18
BI-LVL W/BOT FILL, HF FILTR SS
SGL WC W/BF HF FILTR GRAY
BI-LVL ON WALL WF SS
SURFACE MNT ELEC BOT FILL SS
ELEC BOT FILL IN WALL SS
CJG
16
15
5
5
2
EA
EA
EA
EA
EA
1815.78
1123.95
2445.26
414.21
1495.53
EA
EA
EA
EA
EA
29052.48
16859.25
12226.30
2071.05
2991.06
Freight is FOB Destination on orders over$200. Under $200 freight is prepaid andadded to the invoice. Exceptions includebulk items such as china, drinking fountainsand sewer machines as well as Special OrderItems. Other exclusions may apply.
... Last PageCustomer Copy
QQQUOTEQOEQ
Ship-to:1 Bill-to:13618
Reference #Expires Slsp Terms Wh Freight Ship Via
OASIS QUOTE 1.0 11/13/20 346 CREDIT CARD 3A PREPAID DIRECT
Quoted By CJG Quoted To
Ordered UM Price UM Extension
Merchandise Misc Tax Freight Total
63200.14 .00 .00 63200.14
THANK YOU FOR THE OPPORTUNITY TO SERVE YOU!
ORDINANCENO.20-1845
AN ORDINANCEOF THE CITY OF DENTON, A TEXAS HOME–RULEMUNICIPAL
CORPORATION,EXTENDING THE EFFECTIVE PERIOD OFTHE DECLARED STATE OF
LOCAL DISASTERTO DECEMBER31, 2020;SUPERSEDINGAND REPLACING THE
NINTH ORDEROFCOUNCILOFTHE CITY OF DENTONISSUEDAUGUST 25, 2020
APPROVEDBY ORDINANCE NO. 20-1597TO PROVIDE ADDITIONAL REQUIREMENTS
AND GUIDANCE; CONFIRMINGTHE EXPENDITUREOF FUNDS AND AUTHORIZING
THE EXPENDITUREOF ADDITIONAL FUNDS;PROVIDING A REPEALERCLAUSE;
AND PROVIDINGAN EFFECTIVEDATE.
WHEREAS, beginning in December2019, a novel coronavirus,now designated SARS-
CoV2 which causesthediseaseCOVID-19, has spreadthroughout theworld and has now been
declareda global pandemic by the World Health Organization; and
WHEREAS,symptomsof COVID-19 include fever,coughing,andshortnessof breath,
and in some casesthe virus has causeddeath; and
WHEREAS, thenumberof known casesof COVID- 19diagnosedin the Stateof Texasis
currentlyincreasingdaily;and
WHEREAS, extraordinarymeasuresmust betakento containCOVID- 19andprevent its
spreadthroughouttheCity of Denton andDenton County, including the limitation of community
gatheringsandrequiring individuals,groupsof individuals, or propertyto besubjectto additional
measuresthatpreventor controlthespreadof disease;and
WHEREAS, the StateOffice of Court Administration, in consultationwith the Supreme
Court, Courtof Criminal Appeals,and Regional Judges,hasprovided guidancerecommending
postponementof all non-essentialcourt proceedings, minimizing staff, and taking all other
appropriatemeasuresto preventthe spreadof disease;and
WHEREAS, theMayor of the City of Denton determined that extraordinary measuresmust
betakenby temporarily limiting thenumberof personsallowed to convenein a single location;
temporarilyclosing City buildings, facilities, and limiting certain usesthereof; temporarily
postponingall non-essentialmunicipal court proceedings;providing resourcesto prevent eviction
due to COVID-19 impact; and temporarily suspendingall City utility shut-offs to residential
customers; and
WHEREAS, onMarch 13,2020,the Mayor executeda“Declaration of Local Disaster for
Public Health Emergency“andan “Order of the Mayor of the City of Denton” pursuantto the
Declaration;and
WHEREAS, finding it in the bestinterestof the citizens of Denton, on March 17, 2020,
the City Council, through OrdinanceNo. 20-721, extendedthe Declaration of Emergency through
April 30, 2020 and issued anOrder ofthe Council ofthe City of Denton, attachedthereto asExhibit
“C,” including the authorizationto expendno more than Five HundredFifty ThousandDollars
Page1of 5
($550,000.00)during this period to proceedwith the necessaryemergency responsesandessential
functions not alreadybudgeted; and
WHEREAS, City of Denton Code of Ordinances Section9-54(b) provides for penalties for
violation of proclamations of emergencyand any rule, regulation, or order issuedpursuant to such
proclamation andChapter 9 of the City of Denton Codeof Ordinances; and
WHEREAS, informationaboutCOVID-19 continuesto evolve andmeasuresmustbe
takento respondto the latestinformationavailable; and
WHEREAS, following updatedinformation onthe spreadof COVID-19, theCity Council
amendedtheOrderof Council on March20, 2020; and
WHEREAS, asCOVID-19 continuedto spreadthroughouttheCity andCountyof Denton,
the Mayor issueda SecondDeclaration of Local Disaster on March 24, 2020, and an“Order of the
Mayor of the City of Denton” pursuantto the SecondDeclaration, extending measuresin an
attemptto slowthe spreadof thedisease;and
WHEREAS, GovernorGreg Abbott issued Executive Order GA-14 on March 31, 2020,
further limiting public gatheringsanddefining which “essentialservices”wereto continueduring
the declared state-wide emergency; and
WHEREAS, GA-14 expresslypreempted local ordinances,declarations,and orders inconflictwithit;and
WHEREAS, in complianceandto be consistentwith GA-14, the City Council passeda
SecondOrder of Council on April 6, 2020, supersedingandreplacing the prior orders of Council;and
WHEREAS, Governor Abbott issued Executive Order GA-16 on April 17, 2020,
supersedingGA-14, allowing retail storesto reopenunder certain conditions and using certain
procedures;and
WHEREAS, on April 27, 2020,Governor Abbott issuedExecutive OrderGA-18,further
orderingthat people minimize social gatherings and in-person contact with people not in the same
householdexcept wherenecessaryto obtain essentialor reopenedservices, and still expressly
preempting local ordinances,declarations,and orders in conflict with his orders; and
WHEREAS, on April 28, 2020, Denton County issueda new Disaster Declarationand
ExecutiveOrder of the Denton County Commissioners Court, which extendedthe emergency
declarationthrough May 15, 2020 and incorporated the provisions of GA-18 and the social
distancingguidelines promulgated by the Centers for DiseaseControl; and
WHEREAS, on April 30, 2020, the City Council in compliance andto be consistent with
the Governor’s Executive Orders and the County Orders, extended the effectivenessof the
Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent
proclamationrenews the TexasGovernor’s disaster proclamation; and
Page2 of 5
WHEREAS, on May 5, 2020,the City Council in compliance andto be consistent with the
Governor’s Executive Ordersandthe County Orders, extendedthe effectivenessofthe Declaration
of Local Disaster until 11:59 p.m. May 31, 2020; and
WHEREAS, on May 29, 2020, the City Council in compliance with and to be consistent
with theGovernor’sOrders,extendedthe effectivenessof theDeclarationof Local Disaster until
11:59 p.m. June30, 2020; and
WHEREAS, onJune3, 2020,GovernorAbbott issuedExecutive Order GA-26, ordering
that people shouldnot be in groups larger than ten and should maintain a distance of six feet of
social distancing from those not in their group, and still expressly preempting local ordinances,
declarations,andorders in conflict with his orders; and
WHEREAS, on June23, 2020, Governor Abbott amendedExecutiveOrder GA-26,
permitting countyjudges and mayorsto place additional restrictions on outdoor gatherings
estimated to consist of 100 people or more; and
WHEREAS, on June 23, 2020, the City Council in compliance with and to be consistent
with theGovernor’sOrders,extendedtheeffectivenessof the Declarationof Local Disaster until
11:59 p.m. August 31, 2020; and
WHEREAS,GovernorAbbotthasindicatedthatlocal governmentsmayrequirebusinesses
to developHealth andSafetypolicies; and
WHEREAS, onJune26, 2020,GovernorAbbott issuedExecutiveOrder GA-28, ordering
that certain businessesreturn to 50 percentof occupancy limits andprohibiting certain gatherings
and visiting bars; and
WHEREAS, on July 2, 2020,Governor Abbott issuedExecutive Order GA-29, ordering
facecoveringsandproviding for apenalty for violation of his order andamendingExecutive Order
GA-28allowingfor penalties;and
WHEREAS, alsoon July 2, 2020, Governor Abbott further amendedExecutive Order GA-
28 to limit gatheringsto 10people; and
WHEREAS, on August 25,2020,the City Council, in compliancewith andto be consistent
with the Governor’sOrders,extendedthe effectivenessof the Declarationof Local Disasteruntil
11:59 p.m. September 30, 2020; and
WHEREAS, on September17, 2020, Governor Abbott issuedExecutive Order GA-30,
amending and supersededGA-28; and
WHEREAS, alsoon September17,2020, Governor Abbott issuedExecutive Order GA-
31, amending and superseding GA- 19; and
WHEREAS, theCity Council finds that it is in the best interestof the citizensof the City
of Dentonto extendthe Declarationof Local Disaster through December2020 andto supersede
andreplacethe Ninth Order of the Council of the City of Denton datedAugust 25, 2020,
Page3 of 5
confirming certain previous orders, and providing additional requirements and guidance; NOW,
THEREFORE,
THECOUNCILOFTHE CITY OFDENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
asif fully setout herein.
SECTION 2. Pursuantto Section418.108.TexasGovernmentCode. andSection 9-27
City of DentonCodeof Ordinances,Council extendstheeffective period of Declarationof Local
Disasterexecutedby the Mayor on March 13,2020 until 11:59p.m. on December 31,2020 in the
interestof public health andsafetyin an attemptto preventthe spreadof COVID-19, unlessfurther
extended,revised,or terminatedby law.
SECTION 3. TheCouncil herebyadopts the Tenth Order of Council, dated September22,
2020,attachedheretoasExhibit “A.”
SECTION 4. It is Council’s intentthat this Ordinanceandthe Orderof Council attached
heretosupersedeandreplacetheprior Ordersof Council, passedMarch 17, 2020through
Ordinance20-420, March 20, 2020 through Ordinance 20-740, April 6, 2020 through Ordinance
20-812,April 30through Ordinance20-873, May 5 through Ordinance20-923,May 29 through
Ordinance20-980, June23through Ordinance 20-1199,June26 through Ordinance 20-1255, July
28throughOrdinance20-1423,andAugust 25 through Ordinance 20-1597. To the extentthose
prior Ordersconflict with the Orderhereinpassed,they arerepealed.
SECTION 5. The City Council confirms theexpenditureauthority asfurther specified inExhibit“A.”
SECTION 6. The motion to approvethis Ordinance was madebya,DtIEbq rS and
secondedbyR\) \ Me_\ tR ( ;the Ordinancewas passedandapprovedby the following
voteLb - IJ:
Aye Nay
V‘
Abstain Absent
ChrisWatts,Mayor:
GerardHudspeth,District1:7
£
JE
£
./
£
KeelyG.Briggs,District2:
JesseDavis.District3:
JohnRyan,District4:
Deb Armintor, At Large Place5:
PaulMeltzer, At Large Place6:
PASSED AND APPROVED this the U nIl day of SCP ka\be'2020
Page4 of 5
ATTEST:
ROSARIOS,CITY SECRETARY
1B111111(r:a2=pZZ1HHH2=
APPROVEDASTOLEGALFORM:
AARONLEAL,CITYATTORNEY
B 1(1r :###4/L
Page5of 5
EXHIBIT A
DENTON TENTH ORDEROFTHE COUNCIL
OFTHE CITY OF DENTON
DATEISSUED:SEPTEMBER22,2020
Summary: The virus that causes2019 Coronavirus Disease(COVID-19) is easily transmitted
through personto personcontact,especially in group settings,andit is essentialthat the spread of
the virus be slowed. As the number of positive casesof COVID-19 continue to increase in the
City of Denton, thereis an immediate needto undertakethe following measuresdescribed in this
Order. This Order supersedesand replacesthe Ninth Orderof the City Council adoptedon
Tuesday,August 25, 2020 (OrdinanceNo. 20-1597).
PURSUANTTO THE PRIOR DECLARATION EXTENDEDBY COUNCIL ON
SEPTEMBER22, 2020AND THE AUTHORITY IN SECTION 9-22OF THE DENTONCODE OF ORDINANCES AND SECTION 418.108OF THE TEXAS GOVERNMENT
CODE,THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS:
1. This Order pertainingto a Declaration of Local Disasterfor Public Health Emergency,
originally enactedby the Mayor on March 13, 2020 and extendedby Council pursuantto
ordinance, supersedesand replaces the prior Orders of the Mayor and of Council. The Order shall
takeeffectat 11:59p.m. onSeptember22, 2020 andcontinue through 11:59p.m. on December
31 20209
2. ThisOrder authorizestheuseof all lawfully availableenforcementtools found in Denton
City Code,Chapter 9 (EmergencyManagement), statelaws and gubernatorial orders, or federallaws
3. This Order continuesthepolicy, established in the SeventhOrderin accordancewith City
of Denton Code of Ordinances2-28, granting the City Manager authority to createstandard
operatingproceduresand administrativedirectives as necessaryduring the duration of the
Declaration of Local Disasterassociatedwith this Order, and any extensionsthereof,to protect the
safetyof employeesandthe public, including adoptingproceduresand directivesrelated to
personnel,or to open,close, or otherwise alter the operation of facilities or servicesof the City ofDenton
4. All commercialandnon-profit entities in the City of Dentonproviding goodsor services
directlyto thepublicarerequiredto developandmaintainahealthandsafetypolicy(“Policy”)
that incorporatesthe face covering and social distancing requirementsof gubernatorial order GA-
29 asit may be amended,preempted,or superseded.
i. The Policy mustbepostedconspicuously ator nearall entrancesof any commercial
or non-profitentityin theCity of Dentonin clearview of anyemployeesor membersof
thepublic enteringthebusiness.
ii. The Policy may includethe implementation of other mitigating measuresdesigned
to controlandreducethetransmissionof COVID-19 suchastemperaturechecksor health
screenlrlgs.
iii. In accordancewith city ordinance, violations of this paragraphmay be enforced by
Dentonpolice officers, building enforcementofficers, zoning complianceofficers, or
communityimprovementservicesofficers.
5. Pursuantto Section 9-22 of the Code of Ordinances, the following measures are alsoorderedcontinuedassetforth herein:
a. All City Committee, Commission, and Board meetings aresuspendedthrough the term of
this order, with the following exceptions:
1.
11.
111.
IV.
The PlanningandZoning Commission shall meetno more than twice per month;
The Public Utilities Board shall meet no more thantwice permonth;
The Civil ServiceCommission shall meet asneeded;and
Other boardsandcommissions shall meet asnecessaryand asresourcesallow, with
priority given to boardsand commissions that havetime-sensitive items.
b. City Council meetings shall be rescheduled asposted andmay be conducted in accordance
withalternatemeasuresaspermittedby law;
c. Only electronic purchasingsubmissionsshall be accepted;
d. TheCity Managerorhis designeeis authorizedto makeapplicationfor local, state,and
federal assistanceasnecessary and/or applicable;
e. TheCity Manageror his designeeis authorizedto acceptonbehalfof theCity services,
gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or
governmentsources;
f. TheCity Managerorhis designeeis authorizedto terminateor suspendanyeventthatis
or may negatively impact the health, safety, and welfare of personswithin the City;
g. The City Manager is authorized to approve individual purchasesand sign contracts up to
$500,000.00for generalexpendituresalready budgetedor authorized by this Order;
h.TheCity Manager isauthorizedto expendno more thanTwo Million SevenHundred Fifty
ThousandDollars ($2,750,000.00) total, including previously authorized funds, from the
general fund reservebalanceduring this period to proceedwith the necessaryemergency
responsesand essentialfunctions not already budgeted,which includes the previouslyauthorized.
Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City’s website and in other conspicuous places.
Page2 of 3
IT IS SOORDERED PURSUANTTO ORDINANCE NO 20-1845
Page3 of 3
Certificate Of Completion
Envelope Id: 9DC30B688923438494816F0389BC9FAA Status: Completed
Subject: ****City Manager Approval ******Docusign Item 7250 Touchless Water Fountains
Source Envelope:
Document Pages: 12 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Lori Hewell
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
lori.hewell@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
10/19/2020 6:59:31 PM
Holder: Lori Hewell
lori.hewell@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 10/19/2020 7:02:11 PM
Viewed: 10/19/2020 7:02:19 PM
Signed: 10/19/2020 7:02:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
todd.hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.184.93.41
Sent: 10/19/2020 7:02:47 PM
Viewed: 10/20/2020 6:02:10 AM
Signed: 10/20/2020 6:02:16 AM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Marissa Barrett
Marissa.barrett@cityofdenton.com
Management Analyst
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/20/2020 6:02:17 AM
Viewed: 10/20/2020 6:25:09 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/20/2020 6:02:18 AM
Viewed: 10/20/2020 8:28:31 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/20/2020 6:02:18 AM
Certified Delivered Security Checked 10/20/2020 6:02:18 AM
Signing Complete Security Checked 10/20/2020 6:02:18 AM
Completed Security Checked 10/20/2020 6:02:18 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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