20-360ORDINANCE NO. 20-360
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICJP AL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH XYLEM WATER SOLUTIONS USA, INC ., FOR THE PURCHASE OF FL YGT
PUMPS, EQUIPMENT, PARTS, SUPPLIES, AND SERVICES USED BY THE WATER
RECLAMATION DEPARTMENT TO OPERATE AND MAINTAIN THE CITY OF DENTON
SEWAGE PUMPING STATIONS AND TREATMENT PLANTS, WHICH IS THE SOLE
PROVIDER OF THIS THESE COMMODITIES AND SERVICES, 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; AND PROVIDING AN EFFECTIVE
DATE (FILE 7172-AWARDED TO XYLEM WATER SOLUTIONS USA, INC., FOR
THREE (3) YEARS WITH THE OPTION TO RENEW FOR AN ADDITIONAL TWO (2)
ONE-YEAR PERIODS, IN THE FIVE ( 5) YEAR NOT-TO-EXCEED AMOUNT OF
$1,000,000).
WHEREAS, Section 252.022 ofthe 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 publi c 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
7172
VENDOR
Xylem Water Solutions US A, Inc.
AMOUNT
$1,000,000
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; 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 ofDenton, 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 iJfltl. t. ~£ TZ fi1?..-and
seconded by Ji;dt/ £.. V 19 Ill , the ordinance was passed and approved by
the following vote l2_-_QJ :'
Aye Nay Abstain Absent
Mayor Chris Watts : V'
Gerard Hudspeth, District 1 : tl
Keely G. Briggs, District 2: V
Jesse Davis, District 3: v
John Ryan, District 4: v
Deb Armintor, At Large Place 5 : V
Paul Meltzer, At Large Place 6 : II'
PAS SED AND APPROVED this the /@ fit day of ~ , 2020.
~
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY