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23-627 - 8116 - Ordinance ExecutedORDINANCE NO. 23-627 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTWITH MCCOURT EQUIPMENT, INC, FOR SCREENER MAHqTENANCE AND REPA[RSFOR THE BENEFICLAL REUSE DEPARTMENT, WHICH IS THE SOLE PROVIDER OFTHIS SERVICE, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE252.022. WHICH PROVIDES THAT PROCUREMENT OF COMMODITIES ANDSERVICES THAT ARE AVAILABLE FROM ONE SOURCE ARE EXEMPT FROMCOMPETITIVE BIDDING, AND IF OVER $50,000, SHALL BE AWARDED BY THEGOVERNING BODY; PROVIDING FOR THE EXPENDITURE OF FUNDS TFnREFOR;AND PROVIDDqG AN EFFECTIVE DATE (FILE 8116 – AWARDED TO MCCOURTEQUIPMENT, INC, FOR ONE (1) YEAR, WITH THE OPTION FOR FOUR (4)ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT-TO- EXCEED AMOUNT OF $300,000.00). 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; and WHEREAS, the City Council wishes to procure one or more of the items mentioned inthe above paragraph; 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 8116 McCourt Equipment, Inc $300,000.00 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 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 theauthority 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 Brian Bcc k and seconded by Ecb., J,a b\&sc heGel . This or) d bythe following vote K - E : Aye r//77 / Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck, District 2:Jesse Davis, District 3 : VACANT, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the LL +b day of Ar. it , 2023 mcMM–RMTiiBFp ATTEST: ROSA RIOS, CITY SECRETARY L\\1111111/F DE Ae••• me.S TO LEGAL FORMAPPRO MACK REINWAND, CITY ATTORNEY Digitally signed by MarcellaLunn DN: cn=Marcella Lunn, o, \,INfb EuiS IT,I,:SFIF,nX„@dw,fdenton.com, c=US Date: 2023.03.10 10:44:17 -06'OO'dJ \x?'cvcLth.\ /