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22-1251 - 7874 - Ordinance ExecutedORDINANCE NO. 22-1251 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTWITH SUBNET SOLUTIONS, INC., FOR THE PURCHASE OF SUBSTATION REMOTETERMINAL UNIT (RTU) SOFTWARE AND HUMAN MACHINE INTERFACE (HMI)SOFTWARE FOR DENTON MUNICIPAL ELECTRIC, WHICH IS THE SOLE PROVIDEROF THIS SOFTWARE, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE252.022. WHICH PROVIDES THAT PROCUREMENT OF COMMODITIES ANDSERVICES THAT ARE AVAILABLE FROM ONE SOURCE ARE EXEMPT FROM COMPETITIVE BIDDING, AND IF OVER $50,000, SHALL BE AWARDED BY THEGOVERNING BODY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7874 – AWARDED TO SUBNETSOLUTIONS, INC., FOR THREE (3) YEARS, WITH THE OPTION FOR TWO (2)ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT-TO- EXCEED AMOUNT OF $306,940.00). 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 available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, this procurement was undertaken as part of the City’s governmentalfunction; 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: FILENUMBER VENDOR AMOUNT 7874 Subnet Solutions, Inc.$306,940.00 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 naturalmonopolies; 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 and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items s contract between the City and the person submitting the quotation ford person shall comply with all requirements specified by the Purchasing onstitute a(iT;2until such IIti)al SECTION 4. The City Manager, or their designee, is heI contract relating to the items specified in Section 1, attached hereto. pursuant to said contract is hereby authorized. lorized to execute thely %the expenditure of funds 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 ofDenton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 6 approval. This ordinance shall become effective immediately upon its passage and Th, m,ti,„ t, ,pprove this ordinance was made by hse hAAS and' This ordinance was passed and approved by== of: fI=yE V 0 t : F# 1 = JH1] : 11bbIF1111111111r(\ Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2: Jesse Davis, District 3 : Alison Maguire, District 4:Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED thi, th, 2@ V/ V/ V/ b/ / / P/ day of SW _, 2022. ERimomnMrf6R ATTEST: ROSA RIOS, CITY SECRETARY t\t\tjlllllf/ ,_ Z%cHad’Jb/,p APPROVED AS TO LEGAL FORM: MACK REnqWAND, CITY ATTORNEY Digitally signed by MarcellaLunn DN: cn=Marcella Lunn. o. AAILHren@dtyoHe––TIton,Date: 2022.05.31 17:32:1 1 45'OO' \BY:\\?adUR