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2011-153ORDINANCE NO. 2011-15 3 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNLJAL SERVICE ACCESS AND SUPPORT FOR ENHANCED DATA RATES FOR GSM EVOLUTION (EDGE) AND 3G (THIRD-GENER.ATION) WIRELESS COMPUTER NETWORK FROM THE TEXAS DEPARTMENT OF 1NFORMATION RESOURCES CONTRACT (DIR-SDD-597) FOR THE PUBLIC SAFETY MOBILE COMPUTERS USED BY CITY OF DENTON POLICE, FIRE AND EMS PERSONNEL AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING THE EXPENDITURE OF FUNDS THERFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4782-PURCHASE OF ANNUAL SERVICE ACCESS AND SUPPORT FOR ENHANCED DATA RATES FOR GSM EVOLUTION (EDGE), AND 3G (THIRD- GENERATION) AWARDED TO AT&T MOBILITY (DIR-SDD-597) IN THE AMOUNT OF $129,073 .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, 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: FILE NUMBER 4782 VENDOR AT&T Mobility AMOUNT $129,073.00 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, rnanuscripts 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 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 is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or pernutted to be performed by the City of Denton under the File 4782 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective unmediately upon its passage and approval. PASSED AND APPROVED this the � day of �/%Zd���1011. , _ �� � ��' � � �. � ARK A. B- O S,�MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � � B � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY c BY: 5-ORD e 4782