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2010-309ORDINANCE NO. 2010-309 AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF SIX NEW ROOF TOP HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) UNITS FOR CITY OF DENTON SOUTH BRANCH LIBRARY AND ONE ROOF TOP HVAC UNIT FOR CITY OF DENTON CITY HALL EAST AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION (CONTRACT TXMAS- 1 0-03FAC070); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4615 - ROOF TOP HVAC UNIT REPLACEMENT AWARDED TO BRANDT ENGINEERING, IN THE AMOUNT OF $260,655). WHEREAS, pursuant to Resolution 92-019, the State of Texas Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Building and Procurement programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 4615 Brandt Engineering $260,655 SECTION 2. By the acceptance and approval of the above numbered items set forth in File 4615, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 16 day of AMR&-, 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: "1/ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: r v 4-ORD- e4615 D