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20-1413ORDINANCE NO.20-1413 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A SOLE SOURCE AGREEMENT BETWEEN THE CITY OF DENTON AND GENSCAPE, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON AUGUST 2, 2016, IN THE NOT-TO-EXCEED AMOUNT OF $106,354.27; SAID FIRST AMENDMENT TO PROVIDE THE CONTINUATION OF ACCESS TO AND USE OF THE GENSCAPE PLATFORM; WHICH IS THE SOLE PROVIDER OF THIS SOFTWARE, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.022, WHICH PROVIDES THAT PROCUREMENT OF C-'OMMODITIES AND SERVICES THAT ARE AVAILABLE FROM ONE SOURCE ARE EXEMPT FROM COMPETITIVE BIDDING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6190 – PROVIDING FOR AN ADDITIONAL TWO (2) YEAR WITH THE OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS AND FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO- EXCEED $286,000, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $392,354.27) WHEREAS, on August 2, 2016, by Ordinance No. 16-930, the City awarded a contract to Genscape, Inc. in the amount of $106,354.27 for access to and use of the Genscape platform; and WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable and are consistent with and not higher than the recommended practices and fees applicable to the Provider’s profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Genscape, Inc., which is on file in the office of the Purchasing Agent, in the amount of Two Hundred Eighty-Six Thousand and 00/100 ($286,000) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $392,354.27. 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 of Denton, or his designee. SECTION 6 approval. The motion to approve this ordinance seconded by 'Toy\r\ RN our\following vote IL - a : This ordinance shall become effective immediately upon its passage and was made by h ee 1 andDr\ q the ordinance was passed axa approved by the Aye Zar \/ AZ Jr Nay Abstain Absent 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: PASSED AND APPROVED this the LM _ day of nO3L;St 2020 V- HMm ATTEST: ROSA RIOS, CITY SECRETARY ._ /Ba, APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: