22-2293 - 8135 - Ordinance ExecutedORDINANCENO. 22-2293
AN ORD[NANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTWITH MIDWEST TAPE, LLC, FOR THE PURCHASE OF STREANirNG DIGITALCONTENT THROUGH THE HOOPLA SERVICE FOR THE LIBRARY, WHICH IS THESOLE PROVIDER OF THIS SOFTWARE, IN ACCORDANCE WITH TEXAS LOCALGOVERNMENT CODE 252.022, WHICH PROVIDES THAT PROCUREMENT OFCOMMODITIES AND SERVICES THAT ARE AVAILABLE FROM ONE SOURCE ARE
EXEMPT FROM COMPETITIVE BIDDING, AND IF OVER $50,000, SHALL BEAWARDED BY THE GOVERNING BODY; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 8135 – AWARDEDTO MDWEST TAPE, LLC, IN THE FIVE (5) YEAR NOT-TO-EXCEED AMOUNT OF
$484,000.00).
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 onesource 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 availableonly 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 [libraries and library maintenance]; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned inthe above caption; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as describedin 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
8135 Midwest Tape, LLC $484,000.00
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 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
contract between the City and the person submitting the
person shall comply with all requirements specified by the
JAyI not
,’ ,ICh iterrA ment
constrtute a
s until such
SECTION 4. The City Manager, or their designee. I , I,by 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 bM Mk_ and
seconded by aga m Lb . This ordinance was passed and approved by
the following vote U - E :
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:
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PASSED AND APPROVED thi, th, \5b d,y ,f bJoverf\bef-' 2022.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY L\\\r 1111111
a-BY: Z
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella LunnDN: cn=Marcella Lunn, o, ou=City
WU :rXr:=runn@dtyddentaa.cam nUS
Date: 2022.10.27 21 :54:29 4)5'00'
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