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Exhibit 1 - Agenda Information SheetCity of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement CFO: Cassey Ogden DATE: November 15, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Midwest Tape, LLC, for the purchase of streaming digital content through the Hoopla service for the Library, 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 8135 – awarded to Midwest Tape, LLC, in the five (5) year not-to-exceed amount of $484,000.00). INFORMATION/BACKGROUND The Denton Public Library uses the Hoopla service to provide simultaneous access for library customers to thousands of digital titles, including audiobooks, ebooks, comics, music, movies, and TV shows. Hoopla provides the largest collection of simultaneous-use streaming digital content under the pay-per-circulation pricing model. All digital content provided is available under one login and available simultaneously to all library customers. Under the Hoopla pricing model, the Library pays for access only to the content selected by the customer, not for all available content. Midwest Tape is the sole source vendor for the Hoopla delivery model and content. Hoopla is the only digital provider that provides access to ebooks, digital audiobooks, music, and streaming TV/Film/Documentaries in one platform. No other vendor can provide the number of formats and exclusive content under this pricing model. This is a free service provided to anyone with a City of Denton Library card. The anticipated spend below is based on the amount stipulated for these services within our allocated materials budget. An intent to sole source was issued in the City’s electronic bidding system (Ionwave) with no responses received challenging the purchase. Historical Spend FY Content Checkouts Total Spend FY 21 45,669 $88,100 FY 22 48,168 $96,000 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Anticipated Spend Total Spend Year 1 $96,800 Year 2 $96,800 Year 3 $96,800 Year 4 $96,800 Year 5 $96,800 Total $484,000 Section 252.022 of the Local Government Code provides that procurement of sole source commodities and services are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. RECOMMENDATION Award with a contract to Midwest Tape, LLC, as a sole source supplier, for the purchase of streaming digital content through the Hoopla service for the Library, in a five (5) year amount not-to-exceed $484,000. PRINCIPAL PLACE OF BUSINESS Midwest Tape, LLC Holland, OH ESTIMATED SCHEDULE OF PROJECT This is a five (5) year contract. FISCAL INFORMATION These products and services will be funded through the Library’s budget on an as-needed basis. The City will only pay for services rendered and is not obligated to pay the full contract amount unless needed. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: LLC Members Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Jennifer Bekker, 940-349-8753. Legal point of contact: Marcella Lunn at 940-349-8333.