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20-350ORDINANCE NO. 2Q-35Q AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MCTNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WARTSILA NORTH AMERICA, INC., FOR THE PURCHASE OF MAJOR OVERHAUL PARTS FOR THE ELECTRIC GENERATING EQUIl'MENT AT THE DENTON ENERGY CENTER, WHICH IS THE SOLE PROVIDER OF THIS EQUIl'MENT, 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 $SO,OQO SHALL BE AWARDED BY THE GOVERNING BODY; AND PROVIDING AN EFFECTIVE DATE (FII.,E 7246 — AWARDED TO WARTSII.A NORTH AMERICA, IIVC., IN THE NOT-TO-EXCEED AMOUNT OF $2,028,967.43). WHEREAS, Section 252.022 of the Loca1 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 ri�„h�;� to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to proeure one or more of the iterns mentioned in the above paragraph; NOW, THEREFORE, THE COUNCII., 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 7246 VENDOR Wartsila North America, Inc. AMOUNT ��,028,967.43 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 distributian rights to the iaaaterials; 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, 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 his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by �% p/�i(/,� ��(/ and seconded by �E"�"-�� �� �,,,,,,,,,,_ �� , the ordinance was passed ��� approved by the following vote [ ,�- �]: Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay ✓ �. � � �_ Abstain Absent ✓ ✓ PASSED AND APPROVED this the �f'�l�. day of � , 2020. ATTEST: ROSA RIOS, CITY SECRETARY ,, BY: "� - , �;,� APPROVED AS TO LEGAL FORM: AARON LEA�, �ITY ATTORNEY BY: lt c /�l'L✓�z.�, �1 ,�� ,� � �' �..... � ��� �,� ��� „,�� .. � � CHRIS WATTS, MAYOR ������p F � D F�����i ``�.,`y ��....... ,NT �i \ ..,. •.,, • � . � ,V s. .. � � . 's � � : : — �*t :*; � ; ; � : � . : : .� ;, , �. '�� O(�A '������������ �P`�` ''',�� �p 1111 � �```